*Cllr Rita McInerney
CLARE Fianna Fáil councillor Rita McInerney has confirmed she has refunded €5,100 to tenants following a Residential Tenancies Board (RTB) tribunal ruling, while raising concerns about the tribunal process.
In a statement to The Clare Echo, Cllr McInerney said she accepted the tribunal’s determination and respected the legal rights of her tenants, describing them as “good tenants who looked after the property well”.
The case, first reported by The Irish Times, concerned a five-bedroom detached house owned by Cllr McInerney in Doonbeg, where she sought to increase the monthly rent from €650 to €1,500.
The RTB tribunal ruled that the rent review notice was invalid because it did not contain adequate comparable properties to support the proposed increase.
It also ruled that an earlier notice of termination based on rent arrears was invalid because there had been no lawful rent review.
However, the tribunal upheld a subsequent notice of termination issued on the grounds that Cllr McInerney required the property for her own use, with the tenants due to vacate by the termination date in December.
Cllr McInerney said she had kept the rent at €650 per month for several years, including during the Covid-19 pandemic and the subsequent period of inflation.
In March 2025, she sought to increase the rent to €1,500 per month, which she acknowledged was a substantial percentage increase following a long period at an unchanged rate.
She said the intention was to establish a sustainable rental income that would remain fixed for six years.
“I acknowledge the RTB’s findings that my rent-review notice and an earlier termination notice on arrears grounds did not meet the statutory requirements,” she said.
“I accept the Tribunal’s determination and its direction regarding the refund of €5,100, which has been completed.”
However, Cllr McInerney said she would welcome clarification on the rental comparisons considered by the tribunal.
She said she was disappointed that a three-bedroom property in Doonbeg advertised at €1,750 per month was not used as a comparison, while a two-bedroom apartment in Kilkee advertised at €1,200 was cited in the assessment of her five-bedroom detached house.
“Given the limited number of comparable properties available in Doonbeg at the time, I was disappointed,” she said, adding that she respected the RTB’s role in making its determination.
Cllr McInerney also outlined the personal circumstances behind her decision to seek possession of the property, saying she had lived in her childhood home for approximately 10 years while helping to care for her late parents.
Following their deaths, she said, the family home passed to other members of her family and she wished to return to the house she had built on the site of her mother’s and grandmother’s former home.
She also raised questions about the administration of the case, saying she had been scheduled to participate in a telephone hearing in March 2026 and had made herself available but did not receive the anticipated call.
Cllr McInerney said the determination was addressed to her family home but was delivered to her business premises, where it was inadvertently overlooked during a busy period following the Irish Open.
She acknowledged that the delivery error and oversight were not the RTB’s responsibility.
However, she suggested that additional email notifications could help prevent people from missing strict appeal deadlines.
“I first learned of the determination through a newspaper journalist,” she said, explaining that her initial “no comment” response was given because she had not yet properly read the decision.
She said she did not consider it appropriate to comment on a legal determination before having an opportunity to understand it.
More broadly, Cllr McInerney called for an independent review of the system, including its administrative procedures, communication and notification standards, and whether a proportionate review mechanism could be introduced before cases reach the High Court.
She said an RTB determination can be appealed to the High Court on a point of law within 21 days, but the potential legal costs and financial risks could make that route inaccessible to many landlords and tenants.
“This is not about favouring landlords over tenants or seeking special treatment,” she said.
“I acknowledge my obligations under tenancy legislation and respect the RTB’s independence. My concerns relate to obtaining clarification and ensuring that the system is transparent, accountable and accessible to everyone who relies on it.”
Cllr McInerney said her family had been part of the working and business life of West Clare for seven generations and that she remained committed to the local community.
She said both tenants and landlords deserved fairness, clear communication and confidence in the processes affecting them.
