Cases

The RTB awarded the maximum: €27,600 in arrears. The recovery work was just starting.

When arrears reach the RTB's statutory ceiling, the determination is the start of the recovery process, not the end. Landlords who think "I won at RTB, I'll get my money" without understanding post-RTB enforcement walk away with paper, not cash.

This case was not handled by shelter.ie. Facts below are aggregated from multiple Irish Times articles in 2024–2025 covering RTB tribunal awards at or near the statutory ceiling. Specific case identifiers are not included here because the press coverage of these particular cases did not name parties; the underlying RTB determination orders, available on the public-record system, contain full names. The "What shelter.ie's playbook would have been" section is our analysis.

§1 — The facts

The Residential Tenancies Act 2004 caps the RTB's jurisdiction over rent arrears at two years' worth of rent. At typical Irish rental rates in the 2024–2025 period, that ceiling translates to approximately €27,600 per case — and several RTB tribunals during this period issued determination orders at or near that maximum.

The cases sharing this characteristic typically involve:

The press coverage of multiple such cases through 2024–2025 made the same broader point: the determination order is the start of the recovery process, not the end. Landlords who understood this went into post-RTB enforcement immediately. Landlords who didn't ended up with a piece of paper and no cash.

Sources: Multiple Irish Times articles, 2024–2025, on RTB tribunal awards at statutory maximum. Direct article URLs to be confirmed at content build for each specific case referenced.

§2 — The law

The architecture of the Irish landlord-tenant recovery system has two distinct phases, governed by different statutes:

1. The RTB phase — under the Residential Tenancies Act 2004 — establishes the legal basis for the arrears claim and produces a determination order. The RTB has a statutory damages cap (€20,000 for damages claims; ~€27,600 for arrears claims, calculated as 2 years × typical rent).

2. The enforcement phase — under various Acts including the Enforcement of Court Orders Acts and the Land and Conveyancing Law Reform Act 2009 — converts the RTB determination order into actual recovery. This phase happens in the District Court and uses tools including:

The structural problem we keep returning to: tools 1, 2 and 5 are typically unavailable against private renters. Tool 3 (instalment) tracks low-income reality. Tool 4 (goods execution) is largely symbolic. The €27,600 awarded by the RTB and the €27,600 actually recovered are usually two different numbers.

§3 — The numbers

What a typical "RTB cap" case looks like, with realistic recovery estimates:

ItemAmount
RTB award (statutory maximum)€27,600
Recovery via judgment mortgage (if tenant owns property)Up to full amount, on tenant's property sale
Recovery via judgment mortgage (typical renter — owns nothing)€0
Recovery via garnishee (if identifiable third-party debt)Variable; usually small for individuals
Recovery via instalment order (€100–€200/week, sustained)€5,000–€10,000 over 12–24 months, IF compliance holds
Recovery via execution against goods (typical renter)€0–€500
Recovery via Stubbs Gazette commercial pressureVariable; commercial pressure doesn't directly produce cash
Realistic 24-month recovery on a typical case€2,000–€10,000 of the €27,600 awarded

The realistic recovery percentage on a maximum-cap case against a typical renter is therefore in the range of 8–35%. This is a structural feature of the system, not a service-level shortcoming. The arithmetic is what it is.

§4 — What shelter.ie's playbook would have been

The operational distinction in cap-level cases is between landlords who treat the RTB determination as an end and landlords who treat it as a beginning. Shelter exists to make sure landlords are in the second category, with realistic expectations from day one.

Step 1 — Realistic-recovery briefing at engagement. Day one of any cap-level case, we explicitly brief the landlord on the recovery math (see §3 above). The €27,600 award figure looks like the goal; the realistic 24-month recovery of €2,000–€10,000 is the actual outcome. This honesty up front prevents the disappointment-followed-by-disengagement pattern that DIY landlords often experience.

Step 2 — RTB Acceleration runs the determination phase. Standard RTB Acceleration Pack: properly drafted notice, full evidence bundle, advocacy at adjudication and tribunal. The €2,000 fee secures the determination at the statutory maximum.

Step 3 — Pre-determination tenant asset check. Before the determination issues, we run a discreet check on whether the tenant owns any property that could be attached via judgment mortgage. Most tenants don't. The minority who do are immediately a much-higher-value recovery prospect.

Step 4 — Post-determination enforcement triage. As soon as the determination order issues, we triage which enforcement tools are realistic for this specific tenant:

Step 5 — Multi-tool deployment. The right answer is often "all of the above, sequentially." Judgment mortgage if applicable; instalment order if there's income; Stubbs listing for commercial pressure; debt collector partnership for ongoing collection effort. We coordinate the lot.

Step 6 — Quarterly recovery review. Recovery is a long process. Our retainer-style ongoing engagement (priced separately from the initial RTB Acceleration) reviews progress quarterly and adjusts strategy as the tenant's circumstances change. Tenants whose financial situation improves over time become more recoverable. We track that.

§5 — The wider lesson

The €27,600 cap case is the cleanest illustration of the recovery-math problem we keep returning to in our content. The Irish enforcement playbook (judgment mortgage, garnishee, instalment, sheriff) was designed for a different demographic than the one currently renting privately. Most Irish renters don't own property a judgment mortgage could attach. Wages can't be garnished for civil debt. The deposit, statutorily capped at one month, doesn't compensate.

The reform argument that flows from this is structural: Ireland's recovery toolkit needs an update for the rental market it actually has. That's the editorial spine of our blog content (see How to put a lien on someone in Ireland) and the comparative-jurisdiction angle we explore in Ireland vs Europe.

For the individual landlord with a tenant on cap-level arrears, though, the practical question is shorter: what's the realistic recovery, and which tools should I deploy in what order? Productisation answers that question.

§6 — What this case tells you about hiring shelter.ie

If you've already won at the RTB and you're now wondering "where's my money?" — that's the post-determination enforcement phase, and it's a different engagement from the original RTB case. We can pick up post-determination cases on a special-case basis (typically a hybrid of judgment mortgage application via partner solicitor + Stubbs listing + collections referral). Email hello@shelter.ie for a quote.

If you haven't yet won at the RTB and you're heading toward a cap-level case — book the consult now. The earlier we engage, the better the strategic positioning for the eventual recovery.

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Sources

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