DUBLIN — Evidence can be one of the most important parts of an RTB dispute, particularly when a landlord and tenant disagree about what happened during a tenancy.
A dispute may involve rent arrears, a deposit, property damage, a Notice of Termination, a rent increase, repairs, overholding or an alleged breach of tenancy obligations. In each case, the evidence needed will depend on the issue being disputed.
The Residential Tenancies Board (RTB) says evidence helps establish whether something happened or did not happen. Documents, photographs, receipts, correspondence, bank statements, tenancy agreements and witness statements can all be relevant.
However, not every document is equally useful. The strongest evidence is generally evidence that directly supports a particular point in dispute and can be understood in the context of the tenancy.
There is also an important distinction between RTB mediation and the more formal adjudication and tribunal processes. Mediation is not evidence-based, although parties can submit relevant supporting documents. Adjudications and tribunals are evidence-based, with an independent decision-maker assessing the evidence and the law.
What counts as evidence in an RTB dispute?
Evidence is information or documentation that helps establish the facts of a dispute.
The RTB lists several examples, including:
- emails and letters;
- text messages;
- bank statements;
- utility bills;
- receipts and invoices;
- photographs;
- tenancy agreements or leases; and
- witness statements.
The important point is relevance.
A tenant or landlord does not need to submit every document they have. Evidence should relate directly to the issue being considered.
For example, if the dispute concerns unpaid rent, bank records showing payments and the rent account are likely to be more relevant than photographs of the property.
If the dispute concerns damage, photographs, an inventory, inspection records and repair invoices may be more relevant.
Evidence in RTB mediation is different
Mediation works differently from adjudication.
RTB mediation is designed to help the parties reach an agreement. The mediator does not decide who has won the dispute.
The RTB says mediation is not evidence-based, although either party can submit supporting documentation they believe is relevant. Documents submitted during mediation are not shared with the other party unless the dispute later moves to adjudication or a tribunal.
This is an important distinction for anyone deciding how to approach an RTB dispute.
For a fuller explanation, see RTB Mediation vs Adjudication: What Is the Difference?
Evidence in adjudication and tribunal cases
Adjudication is more formal.
An independent adjudicator reviews the evidence submitted by the parties and makes a decision based on the evidence and rental law.
The RTB says all parties can submit evidence to support their case, and evidence submitted for an adjudication is shared with the other parties involved.
Tribunal proceedings are also evidence-based.
If a party appeals an adjudication or mediation outcome to a tribunal, the tribunal conducts a full rehearing of the facts and the parties can present additional relevant evidence.
This makes preparation particularly important where a dispute is going to adjudication or tribunal.
For an overview of the complete process, see How RTB Disputes Work in Ireland: A Step-by-Step Guide.
Evidence that can matter in a deposit dispute
Deposit disputes often involve disagreements about whether a landlord was entitled to retain some or all of a tenant’s deposit.
The RTB suggests several types of evidence for deposit-retention cases, including:
- the tenancy agreement;
- proof of deposit or rent payment;
- an inventory;
- the property’s condition at the beginning and end of the tenancy;
- bank statements;
- photographs;
- witness statements;
- outstanding utility bills; and
- cleaning or redecoration invoices.
Before-and-after photographs can be particularly useful
Photographs can help establish the condition of a property.
For example, a landlord may claim that a tenant caused significant damage to a wall.
A photograph taken before the tenancy showing the wall’s condition and another photograph taken after the tenancy could help establish whether the damage was new.
The date and context of photographs can therefore matter.
Simply submitting a photograph without explaining what it shows, when it was taken and how it relates to the dispute may make it less useful.
Evidence for rent arrears disputes
Where a dispute concerns rent arrears, financial records are likely to be central.
Relevant evidence can include:
- bank statements;
- rent receipts;
- rent ledgers;
- payment confirmations;
- correspondence about missed payments;
- records of agreed payment arrangements;
- notices concerning rent arrears; and
- the tenancy agreement.
Both sides should be able to explain the figures.
If a landlord claims that €3,000 is outstanding, for example, it is useful to have a clear record showing how that figure was calculated.
A tenant disputing the claim should similarly provide evidence of payments they say have already been made.
A series of bank transactions may be much more useful than a general statement that rent was paid.
Evidence in a Notice of Termination dispute
Notice of Termination disputes can involve several different questions.
A tenant may argue that:
- the notice was not valid;
- the required notice period was not provided;
- the reason for termination was not properly established;
- supporting documentation was missing;
- the notice was not served correctly; or
- the landlord did not follow the required procedure.
The RTB identifies several relevant documents for termination and overholding disputes, including the tenancy agreement, warning notices, the Notice of Termination, proof of service, bank statements, receipts and correspondence.
For tenants who have received an eviction notice, How to Challenge an Eviction Notice in Ireland explains the process in greater detail.
The landlord’s evidence may also be important.
For example, if a landlord says the tenancy is being ended because the property is being sold, the relevant documents connected with that reason may form part of the evidence.
Proof of service can matter
The Notice of Termination itself may not be the only important document.
Evidence showing when and how the notice was served can also become relevant.
This could include an email showing when the notice was received, a record of hand delivery or other evidence connected with service.
The date matters because termination disputes have specific time limits.
It can also matter when determining whether the tenant received the required notice period.
The RTB’s current guidance says termination notices should be served in accordance with the applicable rules and has introduced changes around service from September 2026.
Evidence for rent-review disputes
Rent disputes can require a different type of evidence.
The RTB specifically identifies the following as potentially relevant in rent-review cases:
- the tenancy agreement;
- rent-setting notices;
- rent-review notices;
- an RTB Rent Index report; and
- a printout from the RTB Rent Register.
This is where understanding the difference between general rental-market information and evidence relating to a particular property becomes important.
For background on the RTB and ESRI rental data, see RTB-ESRI Rent Index: How Ireland’s Rental Market Is Measured.
The evidence required will depend on the precise issue being disputed, including whether the question concerns the amount of rent, the validity of a rent review or compliance with national rent-control rules.
Evidence about property repairs and maintenance
A tenant complaining about poor maintenance should keep records showing both the problem and attempts to have it resolved.
Useful evidence can include:
- photographs;
- videos, where appropriate;
- emails to the landlord;
- text messages;
- letters;
- inspection reports;
- contractor reports;
- repair invoices;
- receipts;
- dates when problems were reported; and
- records showing whether the landlord responded.
A photograph showing a damp patch, for example, may demonstrate that a problem existed.
Correspondence showing that the landlord was notified about the problem can help establish when the landlord became aware of it.
A contractor’s report may provide additional evidence about the nature of the problem.
Taken together, these documents can provide a clearer timeline.
Evidence about damage and normal wear and tear
Damage disputes can be particularly dependent on photographs and condition records.
A landlord claiming compensation should be able to explain what damage occurred and what costs resulted from it.
A tenant may dispute the claim by arguing that:
- the alleged damage was already present;
- the condition represents normal wear and tear;
- the damage was not caused by the tenant;
- the amount claimed is unreasonable; or
- the landlord has not provided evidence of the cost.
An inventory or condition report completed at the start of the tenancy can therefore become particularly important.
If there is a corresponding inspection or condition report at the end of the tenancy, the two can provide useful evidence of what changed.
Text messages and emails can be important evidence
Written communication can establish what the parties knew and when they knew it.
For example, a tenant may say that they reported a leaking pipe to the landlord several months before the dispute.
An email or text message containing the original report can provide evidence of when the issue was raised.
Similarly, a landlord may have messages showing that they gave the tenant a particular instruction or warned them about a tenancy breach.
Parties should keep the full conversation where possible rather than submitting isolated sentences without context.
The RTB specifically identifies communications between the parties, including emails, letters and text messages, as examples of evidence.
Bank statements and payment records
Financial disputes often turn on dates and amounts.
A bank statement can help establish that a payment was made, while a receipt or payment confirmation can provide additional evidence.
If a tenant says rent was paid on a particular date, the corresponding transaction can be important.
If a landlord says a payment was not received, the financial records may help clarify the disagreement.
Sensitive information that is unrelated to the dispute should not simply be submitted without consideration.
The RTB advises parties submitting evidence by email to redact personal data and confidential information that is not relevant to the case, such as bank details.
Witness statements
Witness statements can also be relevant.
A witness might have information about an event connected with the dispute, the condition of a property or a conversation relevant to the case.
The RTB lists witness statements among the types of evidence that may be submitted.
However, a witness statement should explain what the person actually knows rather than simply repeating somebody else’s account.
The more directly the witness can speak to the disputed event, the more relevant their evidence is likely to be.
What about audio and video evidence?
Audio and video recordings can raise different considerations from documents, photographs or written correspondence.
The RTB’s current evidence guidance says parties should notify the RTB in advance if they want to show audio or video evidence during a hearing. The mediator, adjudicator or Tribunal will then decide at the hearing whether the evidence can be shown.
This means a party who believes an audio recording or video is important should not simply assume that it can be submitted and will automatically be considered.
The RTB also advises parties to take care with personal data when preparing evidence. Unauthorised videos of people involved in a dispute can constitute personal data, and relevant personal or confidential information should be redacted where appropriate.
If audio or video evidence is central to a case, the RTB should therefore be informed in advance and the party should be prepared to explain why the recording is relevant to the dispute.
Public RTB adjudications from September 2026
There is another important consideration for evidence in current RTB adjudication cases.
From 14 September 2026, RTB adjudication hearings are public for dispute applications made from that date. The RTB publishes a weekly schedule of adjudication hearings, members of the public can attend, and the full adjudication report is published on the RTB website.
The published adjudication report can include the names of the parties, the rental property address, details of the evidence presented and the outcome of the dispute.
The distinction between the application date and the hearing date is important.
If a party applied for dispute resolution before 14 September 2026, the RTB says the adjudication hearing will not be held in public under the new rules.
For applications made from 14 September 2026, however, the new public-hearing arrangements apply, subject to the limited and exceptional circumstances in which the RTB may agree to hold a hearing privately.
Mediation remains private, and mediation outcomes are not published on the RTB website.
This makes it particularly important for parties in new adjudication cases to understand how their evidence may form part of a publicly available adjudication report.
How should RTB evidence be organised?
Good evidence is not just about having lots of documents.
It also needs to be organised so that the person considering the dispute can understand what happened.
The RTB recommends organising evidence in a way that someone unfamiliar with the case can follow.
Where there are many documents, they should be arranged chronologically.
Relevant documents should be grouped together and pages numbered.
The RTB also recommends preparing a cover note listing the evidence included.
A simple timeline can therefore be useful.
For example:
| Date | Event | Evidence |
|---|---|---|
| 5 March | Tenant reports leak | |
| 8 March | Landlord responds | Text message |
| 20 March | Contractor visits | Contractor report |
| 25 March | Repair completed | Invoice/photo |
| 30 March | Further leak reported |
This can make a complicated dispute much easier to follow.
When does RTB evidence have to be submitted?
The RTB says that once a case is scheduled, an evidence-upload task will be created in the RTB Service Centre.
Evidence can be uploaded until five working days before the hearing.
Evidence can also be submitted by email, but the RTB says it must be sent at least five working days before the hearing.
The RTB also states that everything uploaded becomes part of the case file and is shared with the mediator, adjudicator or tribunal panel.
For adjudication and tribunal cases, the evidence is also shared with the other parties.
This is important: parties should not assume that evidence submitted to the RTB will remain private in an adjudication or tribunal case.
A major change for RTB adjudication in 2026
There is an additional consideration for new adjudication cases.
From 14 September 2026, the RTB began publishing a weekly schedule of adjudication hearings, allowing members of the public to request attendance.
The RTB also publishes the full adjudication report for cases covered by the new rules.
The published report includes the names of the parties, the rental property address, details of the evidence presented and the outcome of the dispute.
The change applies to dispute applications made from 14 September 2026. Cases where the dispute application was made before that date are not subject to the new public-hearing arrangements.
RTB mediation remains private and mediation outcomes are not published on the RTB website.
This makes it particularly important for parties in new adjudication cases to understand that evidence presented during the process may form part of a publicly available adjudication report.
What evidence is strongest in an RTB dispute?
There is no single document that automatically wins an RTB dispute.
The value of evidence depends on the issue being considered.
Generally, evidence is most useful when it:
- directly relates to the dispute;
- establishes a date or event;
- comes from a reliable source;
- can be understood in context;
- supports a specific point being made;
- is consistent with other evidence; and
- can be explained clearly at the hearing.
For example, a tenant claiming that rent was paid could provide a bank statement showing the transaction.
A landlord claiming that a property was damaged could provide before-and-after photographs, an inventory and repair invoices.
A tenant challenging a Notice of Termination could provide the notice itself, the tenancy agreement, correspondence and evidence relating to the stated reason for termination.
The strongest case is often not based on one document but on several pieces of evidence that tell a consistent story.
What evidence should you avoid submitting?
More evidence is not necessarily better evidence.
The RTB advises parties to submit evidence that supports their case.
Irrelevant documents can make a case harder to understand and may distract from the issues that actually need to be decided.
Parties should also be careful about submitting unnecessary personal or confidential information.
Where documents contain sensitive information that is unrelated to the dispute, it should be redacted where appropriate.
A clear, focused evidence bundle is generally more useful than a large collection of unrelated documents.
Evidence checklist for landlords and tenants
Before an RTB adjudication or tribunal hearing, it can be useful to ask:
What exactly am I trying to prove?
Which document proves that point?
When did the relevant event happen?
Can I establish the date?
Do I have the original correspondence?
Do my financial records support my position?
Do photographs show the condition clearly?
Have I included the relevant tenancy agreement?
Have I organised the evidence chronologically?
Have I numbered the pages and identified the documents?
Have I removed unrelated personal information?
Have I submitted everything within the RTB deadline?
These questions can help both landlords and tenants prepare a clearer case.
Evidence matters, but context matters too
An RTB dispute is not necessarily decided simply by counting how many documents each side submits.
The adjudicator or tribunal considers the evidence and the relevant rental law.
A single document may be highly significant if it directly establishes an important fact, while a large collection of documents may carry less weight if they do not address the central issue.
This is why parties should focus on the question being disputed and provide evidence that helps answer it.
For tenants challenging an eviction notice, for example, the most important evidence may concern the Notice of Termination, its service, the stated reason and supporting documentation.
For a deposit dispute, the condition of the property and evidence of any claimed costs may be more important.
For a rent dispute, the rent-setting or rent-review documentation and relevant rental information may be central.
What to remember before an RTB hearing
Evidence should be gathered early rather than left until the last minute.
Keep the tenancy agreement, payment records, correspondence, photographs and notices throughout the tenancy.
If a dispute develops, create a timeline and preserve the original documents.
Once an RTB case is scheduled, make sure evidence is submitted within the required timeframe.
The RTB says evidence should be submitted through its Service Centre or by email at least five working days before the hearing.
For adjudication and tribunal cases, remember that evidence is shared with the other parties.
And from September 14, 2026, new RTB adjudication hearings are public and the RTB publishes the full adjudication report, subject to limited exceptions.
The bottom line
Evidence can make a significant difference in an RTB dispute, but the relevant evidence depends on what the dispute is actually about.
Tenants and landlords should focus on documents and information that directly establish the facts: agreements, notices, payment records, correspondence, photographs, receipts, invoices, inspection records and witness statements can all have a role.
Mediation works differently because it is not evidence-based and is intended to help the parties reach an agreement. Adjudication and tribunal proceedings are evidence-based, with an independent decision-maker considering the evidence and rental law.
The safest approach is to keep good records throughout a tenancy rather than trying to reconstruct events after a dispute has already started.
For anyone facing a termination dispute, the practical next step is to preserve the Notice of Termination and related correspondence, check the applicable RTB deadline and gather the evidence that directly addresses why the notice is being challenged.
Last updated September 18, 2026
