2004 Act Reform The 2004 Act significantly amended the law in relation to residential tenancies. It provided a new mandatory dispute resolution system and altered the balance of rights and obligations between landlord and tenant, in favour of the tenant. In this, it largely followed the modern international position. It placed new administrative obligations on landlords. Prior to the 2004 […]
Overview of Landlord’s Obligations The Residential Tenancies Act specifies the obligations that apply to landlords and tenants of residential tenancies regardless of whether or not there is a written tenancy agreement. They cannot be varied by the landlord and tenant, other than to improve the tenant’s rights. The broad obligations of the landlord are repair and maintain the structure to […]
Default Rights The Residential Tenancies Act specifies the obligations that apply to landlords and tenants of residential tenancies regardless of whether or not there is a written tenancy agreement. The cannot be varied by the landlord and tenant, other than to improve the tenant’s rights. Overview of Tenants Obligations The tenant’s responsibilities include the following to pay rent and other charges; […]
Rent Overview The rent must not be higher than the market value rent which a willing landlord would agree and which a willing tenant would pay for a vacant property of a similar size, type and character in the same area and on the same terms and conditions. The rent may not be reviewed more than once a year unless […]
Rent Pressure Zones The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone. As soon as practicable, the Minister shall request the Director to make a report to the Minister in such form as the Minister may approve, on […]
Letting Agreement While there is a letting agreement in place for a fixed period, then both the landlord and tenant are bound by its terms, except in so far as it reduces the mandatory rights and obligations of landlord and tenant. If the letting is for a particular period or “term”, then both the landlord and tenant will be bound […]
Notice by Landlord During Part 4 The minimum notice periods in respect of termination by the landlord (in respect of the respective tenancy durations) Since 6 July 2022 Less than 6 months – 90 days Not less than 6 months but less than one year- 152 days Not less than 1 year but less than 7 years – 180 days […]
Termination Notice Residential termination notices are highly technical. The grounds must be specifically set out in the termination notice. Special additional requirements apply in respect of most of the grounds. The legislation has been amended numerous times. The RTB website should be checked for current requirements. If the termination is by reason of tenant’s breach, the tenant must first be […]
Security of Tenure During the first six months of a letting, a landlord can terminate the letting for any reason. After the initial six-month of the letting, a so-called “Part 4 tenancy” on the terms which are prescribed by the Act comes into force. For the remaining five and a half years of a six-year ( four years for tenancies […]
Reform and Residential Property Act Prior to 2004, a dispute between landlord and tenant was heard by the small claims court, the District Court or the Circuit Court. After the 2004 Act, all claims below €20,000 must be brought before the Residential Tenancies Board (PRTB). Proceedings may not be instituted in any court in respect of a dispute that may […]
Board Power to Refuse Dispute The Board charges a fee for handling disputes. This is a precondition to dealing with the dispute. The Board will not deal with a dispute referred by the landlord if the tenancy has not been registered under the legislation. The matter may not proceed unless the landlord rectifies the matter within a reasonable time. If […]
Initial Steps by Board When a dispute is referred to the Board, it may communicate with the parties to ensure they are fully aware of the issues involved. It may clarify misunderstandings in relation to the matters concerned and the rights of the parties with a view to having the matters resolved, by agreement without recourse to the procedures under […]
Social and Affordable Housing The Residential Tenancies Act does not apply to dwellings let by or to a public authority including those to a housing authority. However, other special provisions apply in that regard. Where a public authority provides a dwelling of which it is owner to an approved housing body under a contract or lease of that the dwelling, […]
Registration of Tenancies Landlords are obliged to register details of all tenancies with the Private Residential Tenancies Board. Private residential landlords and Approved Housing Bodies are obliged to register their tenancies. The PRTB maintain a register with certain information about the tenancy, which is available online. It does not contain the key commercial terms of the letting. A mortgagee may […]
Rent Controlled Lettings The Rent Restriction Act was introduced as a temporary measure during the First World War. Various later Acts changed the scope of cover. By the mid-1960s, a significant proportion of all rented accommodation was subject to rent control. Legislation in 1960 and 1966 limited the scope of coverage for new lettings and some property was decontrolled. New […]
Scope of 2019 Regulations These Regulations require landlords of rented houses (including flats and maisonettes), with some exceptions, to ensure that such houses meet certain minimum standards. The standards relate to, inter alia, structural condition, provision of sanitary facilities, food preparation, storage and laundry, availability of adequate heating, lighting and ventilation, the safety of oil, electricity and gas installations, fire […]
The Emergency Measures in the Public Interest (Covid-19) Act 2020. The Act was deemed to commmence on 13th day of March 2020. The “emergency period” was the period of 3 months commencing on the enactment of this Act, and such other period (if any) as might be specified by order . A landlord could not serve a notice of termination […]