Updated on 21 October 2020

Tenancy law

The new legislation was introduced on 1st August 2020, the Residential Tenancies and Valuations Act 2020.
The main pieces of legislation that cover landlords’ rights and obligations are: The Landlord and Tenant Acts 1967 to 1994, The Residential Tenancies Act 2004, The Residential Tenancies (Amendment) Act 2015, The Planning and Development (Housing) and Residential Tenancies Act 2016, The Residential Tenancies (Amendment) Act 2019 and The Residential Tenancies and Valuations Act 2020.

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Residential Tenancies Board – RTB

The Residential Tenancies Board’s (RTB) main role is to regulate the rental sector, resolve disputes between landlords and tenants, initiate an investigation into conduct by a landlord.

The RTB cannot get involved, if a tenant live with a landlord under the “rent a room” scheme.

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.

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. Rents in these areas can only rise by up to 4% each year.

When a new tenancy commences in a Rent Pressure Zone (RPZ), a landlord is required to set the rent in accordance with the RPZ formula, 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.

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 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.

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,
  • 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 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 within 28 days of the expiration of the tenancy termination date as listed on the notice.

The notice periods to end a tenancy

Notice period for Landlord
Duration of TenancyNotice by Landlord
Less than 6 months28 days
6 months – 12 months90 days
1 year – 3 years120 days
3 years – 7 years180 days
7 years – 8 years196 days
8 years and more224 days
Notice period for Tenant
Duration of TenancyNotice by Tenant
Less than 6 months28 days
6 months – 12 months35 days
1 year – 2 years42 days
2 year – 4 years56 days
4 years – 8 years84 days
8 years and more112 days

You can find more information here:

Landlords vs Tenants – Rights and Obligations

The Residential Tenancies Board’s: www.rtb.ie