Tenancy Articles:
Updated on 15 September 2023
Tenancy lawThe main piece of legislation that cover residential landlords’ and tenants’ rights and obligations is: The Residential Tenancies Act. |
Tenancy Agreement Price: €6
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Residential Tenancies Board – RTB
The Residential Tenancies Board, also known as the RTB, is a public body set up to support and develop a rental housing sector. They deal with the private rental, Approved Housing Bodies (AHB) and Student Specific Accommodation (SSA) sectors.
The Residential Tenancies Board’s (RTB) main role is to regulate the rental sector, maintain a national register of tenancies, resolve disputes between tenants and landlords, initiate an investigation into Improper Conduct by a landlord, and provide information to the public.
All private residential tenancies, approved housing body tenancies and student-specific accommodation tenancies must be registered with the RTB. Since 4 April 2022, landlords must register their tenancies every year, within a month of the date of when the tenancy began.
Disputes arising between landlords and tenants are referred to the RTB. RTB is dealing with: deposit refunds, breaches of tenancy obligations, lease terms, termination of tenancies, rent, rent arrears, complaints by neighbours regarding tenant behaviour, etc. Either the landlord or tenant can initiate the process.
The RTB cannot get involved if you:
- Are a tenant in local authority housing,
- Live with your landlord under the “rent a room” scheme,
- Are the spouse, parent or child of the landlord and there is no written letting agreement in place,
- Are living in the property as part of a short-term holiday letting agreement.
Contact the RTB
Residential Tenancies Board
PO Box 47
Clonakilty
County Cork
Ireland
Opening Hours: 9am to 5pm
Tel: 0818 303 037 or 01 702 8100
Homepage: http://www.rtb.ie/
Email:
Customer Service: customer.service@rtb.ie
Tenancy Registration: registrations@rtb.ie
Registration Enforcement: enforcement@rtb.ie
Dispute Resolution: disputes@rtb.ie
Student Specific Accommodation: ssa@rtb.ie
Rents
Landlords and tenants should check, if their tenancy is located in a Rent Pressure Zone and what the correct rent amount should be.
Setting the rent inside a Rent Pressure Zone
Measures have been introduced to moderate rent increases in certain areas where rents continue to rise. These areas are called Rent Pressure Zones (RPZ). Any rent setting or increase in a RPZ cannot exceed general inflation, as recorded by Harmonised Index of the Consumer Price (HICP).
When a new tenancy commences in a Rent Pressure Zone, a landlord is required to set the rent in accordance with the RPZ calculator, unless the property is exempt from the rental restrictions.
When one tenancy ends, and another begins, the rent cannot be set to market rent levels.
Where a new tenancy commences in an RPZ, all landlords are legally obliged to provide the new tenant, in writing, with the amount of rent that the previous tenant was paying.
Rent reviews inside a Rent Pressure Zone
The RPZ rules apply to rent reviews within existing tenancies and when the rent is being set on a dwelling when tenants vacate and new tenants move in.
A landlord must wait 24 months from the tenancy commencing or 24 months from the last rent review before serving a further rent review notice.
When a tenancy commences after an area has been designated a Rent Pressure Zone a rent review can take place annually.
A landlord must use the prescribed Notice of Rent Review form to notify tenants of a rent increase.
A landlord must provide a tenant with a minimum of 90 days’ notice of any proposed rent increase. A valid notice of rent review must be in writing.
A landlord is also required to notify the RTB of the new rent.
Rent reviews outside of Rent Pressure Zones
Outside of Rent Pressure Zones landlords can only review the rent 24 months after the tenancy commencement date or 24 months from the date of the last rent review. The review must be based on current market rent and three comparable properties must be provided by the landlord to show evidence as to how the new rent amount was arrived at.
Ending a tenancy
If a tenancy lasts 6 months or more, the landlord must give a reason, why a tenancy is ending.
The reason must be one of the grounds contained in Section 34 of the Act:
- The tenants have breached their responsibilities (breaches of tenant obligations include, failure to permit an inspection, damage done to the property beyond normal wear and tear, anti-social behaviour),
- The tenant has breached their responsibilities – Rent Arrears,
- The property is not suited to the tenant’s needs,
- Landlord or a landlord’s family member wants to live in the property,
- Landlord wishes to sell the property,
- Substantial refurbishment of the property,
- Use of property is changing.
Tenants do not need to give a reason for terminating a tenancy unless the landlord has breached their obligations. Where a landlord fails to adhere to their obligations a tenant must serve the landlord with a warning notice first. A 28-day notice of termination can be provided regardless of how long the tenancy has been in existence if the landlord has breached their obligations.
If there is a high and imminent risk of death, serious injury or danger to the structure of the property as a result of the landlord not complying with their obligations, the tenant only has to give 7 days’ notice. The tenant does not need to send a warning letter in this situation.
Where a landlord refuses consent to assign or sub-let a fixed term tenancy, the tenant may terminate the tenancy before the expiry of the fixed term.
When a landlord issues a notice of termination, he sends a copy to the RTB on the same day as the notice is served on the tenant. A tenant has 90-days (from the receipt of the notice) to apply for Dispute Resolution with the RTB. This does not apply to Notices of Termination served for breach of tenant obligations or rent arrears.
Sample Notices of Termination for each of the grounds of termination at rtb.ie
The notice periods to end a tenancy
Notice period for Landlord
| Duration of Tenancy | Notice by Landlord |
| Less than 6 months | 90 days |
| 6 months – 12 months | 152 days |
| 1 year – 7 years | 180 days |
| 7 years – 8 years | 196 days |
| 8 years and more | 224 days |
The notice periods to end a tenancy, breach of obligation by the Tenant
| Reason | Notice by Landlord |
| Serious anti-social behaviour (e.g. likely to be an offence or causes / could cause fear, danger injury, damage or loss to any person | 7 days |
| Behaviour threatening the fabric of the Property or the building containing it | 7 days |
| Persistent anti-social behaviour that interferes with the peaceful occupation by others residing in the Property or in the neighbourhood | 28 days |
| Failure to pay rent and other breaches of obligation | 28 days |
Notice period for Tenant
| Duration of Tenancy | Notice by Tenant |
| Less than 6 months | 28 days |
| 6 months – 12 months | 35 days |
| 1 year – 2 years | 42 days |
| 2 year – 4 years | 56 days |
| 4 years – 8 years | 84 days |
| 8 years and more | 112 days |
The notice periods to end a tenancy, breach of obligation by the Landlord
| Reason | Notice by Tenant |
| Landlord’s behaviour poses an imminent danger of death or serious injury or imminent danger to the fabric of the Property / the building containing it | 7 days |
| Other breach of obligation | 28 days |
Minimum Standards for Rented Accommodation
Some examples of minimum standards include:
- The building must be free from damp and in good structural repair (internally and externally).
- There must be hot and cold water available to the tenant. Sanitary facilities should be separated from other rooms in the house, and must be in a safe condition, well ventilated and in good working order.
- All rooms must have adequate ventilation and heating, which tenant(s) can control.
- Appliances must be in a good and safe working order for leases of less than 10 years; a 4-ring hob, oven, grill, fridge/freezer, microwave and sink that supplies safe drinking water, hot water and adequate draining must be provided. There must also be adequate storage to separately store food and cleaning products. For leases of more than 10 years, the above applies and dwellings must provide facilities to install white goods, but white goods do not have to be provided.
- Electrical wiring, gas and water pipes should be in good repair. Properties should, where necessary, have a carbon monoxide alarm. These should be in suitable locations and in good working order.
- Access access to a fire blanket and fire detection and alarm system. In multi-unit buildings, there must be a fire detection and alarm system, an emergency evacuation plan and emergency lighting in common areas. It is important that fire safety equipment is maintained.
- Where there is no access to a yard / garden, access to communal laundry facilities, such as a washing machine and a dryer, must be provided.
- All habitable rooms must have natural lighting and adequate artificial lighting.
- Access to refuse bins.
- There must be suitable safety restrictors attached to a window which has an opening through which a person may fall, and the bottom of the opening is more than 1400 mm above the external ground level. Suitable safety restrictors must secure the window sufficiently to prevent such falls. Lockable restrictors that can only be released by removable keys or other tools should not be fitted to window opening sections.
- Each bathroom or shower room should contain a permanently fixed heater that is properly maintained. The room should be properly ventilated.
- Information must be provided to tenants on the property, building services, appliances and their maintenance requirements.
You can find more information here:
Source and more information: The Residential Tenancies Board’s: www.rtb.ie
PDF document by RTB, The Good Landlord Tenant Guide
Before renting a property you can search if a tenant or a landord is involved in RTB dispute in the RTB Dispute search.