Landlord and Tenant Rights

 

       Landlord and Tenant Rights in Ireland

 

INTRODUCTION

Knowing ones rights when renting property is essential, but lets be honest, many people dread the thought of having to research various Acts and Statutes relating to property rights and would much rather spend their time doing anything but study land law. Luckily enough, we at GCD FLAC are more than happy to do the work and inform you of the general rights relating to both Landlords and Tenants, all the while keeping it short and sweet, what more could you want?

This article will primarily address the general rights of Landlord and Tenants in regards to residential tenancy, as opposed to those of a commercial nature. The majority of us will rent property at some point in our lives, therefore, it really is essential to know your rights and ensure they are not breached. So, without further adieu, lets get started.

 

THE BASICS

The main legislation governing this area of law is the Residential Tenancies Act 2004, and before looking at the rights of landlord and tenants under this legislation, it must first be determined that your particular lease will satisfy the requirements to enjoy such rights. Generally they are as follows:

1)    You must have a residential tenancy, which is essentially a lease for the purpose of residential occupation. This type of tenancy enjoys more protection than any other due to its ability to facilitate the formation of a family home.

2)    Section 3 states that the Act applies to every dwelling (except those set out in s 3(2)), which is the subject of a tenancy.  What does this mean? Section 4 defines a dwelling as a property let for rent or some other valuable consideration as a self contained residential unit. 

So basically, you have to have what is considered a residential tenancy, and you must provide some kind of valuable consideration for the renting of such property.

 

PRIVATE RESIDENTIAL TENANCIES BOARD

The role of the Private Residential Tenancies Board (“PRTB”) should be briefly considered. Landlords are required by law to register tenancies with this board. The establishment of the boards dispute resolution service has had much success, and as a result now replaces the courts in the majority of disputes reported between landlord and tenants. You are able to register tenancies online at www.prtb.ie. Failure on the landlord’s part to register tenancies is in breach of the Act and therefore, can lead to penalties. Also, the board cannot deal with any dispute between a landlord and tenant where the tenancy is not registered.

 

LANDLORD GENERAL RIGHTS:

1)    Rent

 

·         As a landlord you have the right to set the rent, however section 19 of the Act states that this cannot exceed market rates.

·         Under Section 21, both landlord and tenant have the right to request that a rent review is carried annually, as a landlord you must give the tenant twenty-eight days notice of any such review.

·         Right to receive rent in full, on the day it is due.

 

2)    Access to premises/information on residents:

 

·         You have the right to know who is ordinarily residing within the property. Note: this does not include individuals that may stay overnight.

·         The right to be informed of any repairs needed and therefore, the right to be given reasonable access to the premises in order to carry out set repairs.

 

3)    Deposits:

 

·         You have the right to retain any deposits where: there has been damage done to the property, the tenant has not given sufficient notice, or there are unpaid bills, including rent.

 

4)    Termination of tenancy:   

 

·         A landlord can terminate a tenancy at any time and section 63 of the Act provides the requirements for doing so, these include:

                                                                   I.      Must be in writing.

                                                                II.      Must state reason for termination, but only where the tenancy has lasted at least six months.  The tenancy can only be terminated if it is for one of the reasons set out in Section 34. They are as follows:

a.      Tenant did not comply with tenancy obligations and had already been given notice of this and therefore a chance to rectify the situation.

b.     Landlord intends to sell the property within three months.

c.      Property no longer meets the requirements of the occupying tenants.

d.     Landlord requires property for personal use.

e.      Refurbishment of the property is needed and thus, must be vacant.

f.        The landlord plans to change the use of the dwelling.

                                                             III.      Must be signed by landlord or authorized persons.

                                                              IV.      Must specify the date of service.

                                                                 V.      Must specify the date that the tenant must vacate the premises.

                                                              VI.      Must state that any issue with the service should be reported to the PRTB dispute resolution service within twenty days of receiving the notice.

·         The minimum notice periods have been set out by the Act and are as follows:

Duration of the Tenancy	Min. Notice Period
Less than six months	28 days
Six months or more but less than one year	35 days
One year or more but less than two years	42 days
Two years or more but less than three years	56 days
Three years or more but less than four years	84 days
Four years or more	112 days

 

TENANT GENERAL RIGHTS:

1)    Right to certain minimum standards of accommodation

 

·         The landlord must ensure that the property meets minimum standards of accommodation including, but not limited to; Hot/cold water available, fixed heating appliance in each room, adequate ventilation, Fire blanket and smoke-alarm.

·         Landlord must also carry out all the necessary repairs.

 

2)    Right to peaceful and exclusive occupation of the property

 

·         A landlord is obliged to allow the tenant of a property to enjoy peaceful and exclusive occupation of the property, regardless of whether the tenant is in breach of their obligations

 

3)    Repayment of deposit

 

·         The tenant has a right to receive any deposit paid to his landlord. However, there are two exceptions to this obligation:

i)                   Failure to pay the rent or any charges or payments set out in the lease or tenancy agreement. In this case landlord has a right to deduct amount needed for the rent from deposit given by the tenant.

ii)                 Damage to the property beyond normal wear and tear, in this case landlord is again entitled to deduct amount needed for the repair of the property.

 

6) Right to a rent book

 

·         Landlords are obliged to provide a rent book, which is a document used to record payments made by the tenant.

 

8) Reimbursement for repairs

 

·         The Residential Tenancies Act 2004 states that a tenant can carry out the repairs to the structure or to the interior of the property if:

i)                   The landlord has refused to carry out the repairs at the time the tenant requests him or her to do so, and

ii)                 The postponement of the repairs to some subsequent date would have been unreasonable having regard to either:

a) A significant risk that the matters requiring repair posed  to the health or safety of the tenant or other lawful occupants in the dwelling, or

b) If the matters requiring repairs caused a significant reduction in the quality of the tenant's or other occupants living environment.

 

9) Right to a notice of the termination of your tenancy

 

·         Landlords are obliged to provide a notice if they want the tenant to leave.

·         Length of the tenancy determines the length of notice issued (see table above)

 

 

In conclusion, if you think any of your rights as a landlord or tenant have been breached, we’re here to help! Our next GCD Free Legal Advice Clinic is November 4^th at 6:00pm. Please note: clinics are subject to availability, to make an appointment please email FLAC@gcd.ie.

                                                                 

 

Gita Karpaviciute and Grace Hogan, GCD FLAC

OUR EMPLOYMENT RIGHTS

OUR EMPLOYMENT RIGHTS

“Choose a job you love, and you will never have to work a day in your life!

Confucius

 

Every individual who is currently engaged in the work force and those who intend to, have rights that are protected and upheld by law. Before we get into these rights, it would do us good to first understand the various classes of workers there are.

TYPES OF WORKERS

1.          Agency Workers:

An agency worker is an individual who is under a contract with an employment agency to work for another individual or company. An agency is a service provider that is authorised to act on behalf of others; in the context of employment, an employment agency is one that engages in hiring staff on behalf of companies.

 

Agency workers have had it tough of all other classes of workers in relation to employment protections; however, The European Union Directive on Temporary Agency Work 2008/104/EC that came into force in December 2011 has put agency workers all over the European Committee, in a better position. It is still noticeable that although agency workers do not have all the same employment rights as regular workers, they do have the right to equal treatment in basic working and employment conditions.

 

2.         Part–Time Workers:

A part-time employee is one whose normal hours of work are less than the normal hours of a comparable employee.

 

Part time workers are protected by the Protection of Employees (Part-Time Work) Act 2001 which provides that:

a)             A part-time employee cannot be treated in a less favourable manner than a comparable full-time employee in relation to conditions of employment unless it can be justified on objective grounds.

b)            All employee protection legislation applies to part-time employees in the same manner as it applies to full-time employees. Any qualifying conditions (excluding the thresholds of hours) applying to full time employees in any of that legislation also apply to part-time employees.

 

Part-time employees may be treated less favourably than a comparable full-time employee in relation to any pension scheme or arrangement when his or her normal hours of work constitute less than 20 per cent of the normal hours of work of the comparable full time employee.

An objective ground for treatment of a less favourable manner would be those based on considerations other than the status of the employee such as being a part-time worker. This must be for the sole purpose of achieving a legitimate objective of the employer that such treatment is necessary.

 

3.         Comparable Workers:

A comparable employee is a full-time employee with whom a part-time employee may compare him or herself:

a)             Where comparable and part-time employee are employed by the same or associated employer, and one of the conditions referred to (i), (ii) or (iii) below is met; or

b)            Where (a) does not apply [including when the part-time employee is the sole employee of the employer], the full –time employee is specified in a collective agreement to be a comparative employee in relation to the part-time employee; or

c)             Where neither (a) nor (b) applies, the full-time employee is employed in the same industry or sector of employment as the part-time employee, and one of the conditions referred to below is met.

 

i)               Where both employees perform the same work under the same or similar conditions, or each is interchangeable with the other in relation to work;

ii)              Where the work performed by one of the employees concerned is of the same or similar to that performed by the other, and any differences between the work performed or the conditions under which the work is performed by each are either of small importance in relation to the work as a whole or occur with such irregularity as not to be significant; and

iii)            The work performed by the part-time employee is equal or greater in value to the work performed by the other employee concerned, having regard to such matters as skill, physical or mental requirements; responsibility and working conditions.

It is important to note that a part-time agency worker can only compare him or herself to another comparable agency worker; a part-time employee who is not an agency worker cannot compare him or herself to an agency worker.

 

4.         Fixed-Term Work Employees:

A Fixed-Term employee is a person who enters into a contract of employment with an employer which contains a specific start and end date. This is usually based on an objective condition such as arriving at a specific date, completing a specific task or the occurrence of a specific event, or the continuity of whose contract is dependent on a particular event such as the availability of continued funding from an external source. An example would be Summer Sales Season positions. This class does not include employees in vocational training or internships.

Fixed-term employees are protected by the Protection of Employees (Fixed-Term Work) Act 2003. It provides that:

                i.                   A fixed-term employee cannot be treated in a less favourable manner than a comparable permanent employee in relation to conditions of employment.

              ii.                   All employee protection legislation, other than unfair dismissal in certain circumstances, applies to fixed-term employees in the same manner as it applies to permanent employees. Any qualifying conditions applying to permanent employees in any of that legislation also apply to fixed-term employees.

             iii.                   A fixed term-employee may be treated in a less favourable manner than a comparable permanent employee where such treatment can be justified on objective grounds.

            iv.                   A fixed-term employee may be treated less favourably than a comparable permanent employee in relation to any pension scheme or arrangement when his or her normal hours of work constitute less than 20 per cent of the normal hours of the comparable permanent employee.

In this case, objective grounds for treatment in a less favourable manner would also be based on considerations other than the status of the employee as a fixed term employee, and the less favourable treatment is for the purpose of achieving a legitimate objective of the employer and such treatment is necessary for that purpose.

It would be useful to note that as pointed out by the Workplace Relations website, “employees should not remain on a series of fixed-term contracts indefinitely”.

 

5.         Permanent Employee:

This is simply an employee that is not in a fixed-term contract. The term “Permanent Employee” is quite useful to us in understanding the concept of “Comparable Permanent Employee”.

As provided by the Protection of Employees (Fixed-Term Work) Act 2003, an employee is a comparable permanent employee in relation to fixed term-employees if:

a)             The permanent employee and the relevant fixed-term employee are employed by the same employer or associated employers, and one of the conditions referred to in (i), (ii) or (iii) below is met,

b)             Where (a) does not apply [including a case where the relevant fixed-term employee is the sole employee of the employer], the permanent employee is specified in a collective agreement, being an agreement that for the time being has effect in relation to the relevant fixed-term employee, to be a comparable employee in relation to the fixed-term employee, or

c)             Where neither (a) nor (b) apply, the employee is employed in the same industry or sector of employment as the relevant fixed-term employee, and one of the conditions referred to below is met.

 

i)               Both of the employees concerned perform the same work under the same or similar conditions or each is interchangeable with the other in relation to the work,

ii)             The work performed by one of the employees concerned is of the same or a similar nature to that performed by the other and any differences between the work performed or the conditions under which it is performed by each, either are of small importance in relation to the work as a whole or occur with such irregularity as not to be significant, and

iii)            The work performed by the relevant fixed-term employee is equal or greater in value to the work performed by the other employee concerned, having regard to such matters as skill, physical or mental requirements; responsibility and working conditions.

THE BASIC EMPLOYMENT RIGHTS AND CONDITIONS

Now that we have an understanding of the various classes of employees there are, we can now go through the various basic rights of an employee.

“Basic working and employment conditions” as defined under Section 2.1of The Protection of Employees (Temporary Agency Work) Act 2012; “means terms and conditions of employment required to be included in a contract of employment by virtue of any enactment or collective agreement, or any arrangement that applies generally in respect of employees, or any class of employees, of a hirer, and that relate to—

1.        Pay:

Pay rates are usually determined by the contract of employment. Rates may also be incorporated expressly or by implication in an employee’s contract where there are specific agreements between trade unions and the employer.

The National Minimum Wage as of the 1^st of July, 2011 is €8.65 per hour.  This National Minimum Wage applies to all employees, including full-time, part-time, temporary and casual employees, except the following categories or employees who are excluded from its provisions:

a)             Employees who are close relatives of the employer, such as a spouse, father, mother, son, daughter, brother or sister; and

b)             Employees undergoing structured training such as an apprenticeship (other than hairdressing apprenticeships)

 

There are other National Minimum Wage rates that apply to certain employees are available on the Workplace Relations website:

<http://www.employmentrights.ie/en/What_You_Should_Know/Wages_and_Methods_of_Payments/>

 

2.       Working Time:  

The Organisation of Working Time Act, 1997 is the main piece of legislation that regulates the Working Time of employees.

‘Working hours’ is whichever is the greatest is of:

i)               The hours set out in the employment contract, collective agreement or statement of terms of employment. Or

ii)              Actual hours worked or available for work and pay.

 

These ‘working hours’ also include:

i)               Overtime,

ii)              Travel time where the journey is part of the job, and

iii)            Time spent training during normal working hours.

 

These ‘working hours’ do not include:

i)               Time spent on standby other than at the workplace, or

ii)              Time spent on leave, lay-off, strike or after payment in lieu of notice, or

iii)            Time spent travelling to and from work.

 

3.      Rest Periods:

a)             An employee is entitled to a daily rest period of not less than 11 consecutive hours per 24 hours period during which he or she works for his or her employer.

b)             An employee is entitled to a break of at least 15 minutes after working for a period of more than 4 hours and 30 minutes.

c)             An employee is entitled to a break of at least 30 minutes after working for a period of more than 6 hours

d)             The Minister of Jobs, Enterprise and Innovation may by regulations provide, as respects, a specified class or classes of employee that the minimum duration of the break to be allowed to such an employee shall be more than 30 minutes (but not more than 1 hour)

e)             A break allowed to an employee at the end of the working day shall not be regarded as satisfying the ‘rest during the working day requirement’.

 

4.       Nightly Working Hours:

Night Time Working Hours refer to the period between midnight and 7 a.m. on the following day.

Night Work refers to whatever work is carried out during the night time working hours.

A Night Worker refers to an employee who works at least 3 hours of his or her daily working time during night time.

A night worker should not be made to work more than an average of 8 hours over a period time.

 

5.       Overtime:

There are no legislative protections covering overtime. Hence, most employees do not have a statutory entitlement to overtime pay.

Policies in relation to overtime pay may be decided by the employer and agreed as part of the employee’s term and conditions of employment, or through collective agreements negotiated between employers and the employee’s representatives.

 

6.       Annual Leave:

This right is also protected by the Organisation of Working Time Act, 1997.

All employees are entitled to annual leave, whether they are full-time, part-time, temporary or casual workers. Most employees are entitled to four weeks’ annual leave per year.

The employer determines whether an employee get his annual leave when it has been applied for, taking into consideration work and personal requirements and should consult him/her or the relevant union in advance.

 

7.       Public Holidays:

In Ireland there are nine public holidays each year which all classes of employees are entitled to;

New Year’s Day (1st January)

St. Patrick’s Day (17th March)

Easter Monday

The first Monday in May

The first Monday in June

The first Monday in August

The last Monday in October

Christmas Day (25th December)

St. Stephen’s Day (26th December)

 

For further information in respect of these basic rights, visit <http://www.employmentrights.ie/en/>.

THE EQUALITY RIGHTS

The Employment Equality Acts 1998 to 2011 shield employees in the public and private sectors as well as applicants for employment and training. These rights are dealt in detail on the ‘Guide to the Equal Status Acts-2000 – 2008’ that can be found on <http://www.equality.ie/Files/Guide-to-the-Equal-Status-Acts-2000-2008.pdf>.

There should be no discrimination through harassment or victimisation at the workplace on either of the following grounds;

Gender – refers to your being a man, a woman or a transsexual person.

Civil status – refers to your being single, married, separated, divorced, widowed, or even in a civil partnership.

Family status – refers to your being pregnant, a parent of a person under 18 years or the resident primary carer or parent of a person with a disability.

Sexual orientation – refers to your being gay, lesbian, bisexual or heterosexual.

Religious belief – refers to your having a different religious belief, background, outlook or none at all.

Age – this refers to your being part of a particular age group.

Disability – this refers to your having a disability whether it be a physical, intellectual, learning, cognitive or emotional disability; and also covers your having a range of medical conditions.

Race, Skin Colour, Nationality, Ethnic or National Origins – this refers to your being from either of these classifications.

Membership of the Traveller Community – this refers to one being who are identified as one with a shared history, culture and even traditions, that are seen as a nomadic way of life.

 

CONCLUSION

In conclusion, the various rights enlisted above should be upheld at most times except where the employer is allowed by legislation to encroach on ones rights.

If you are currently employed or are currently seeking a job, it is advisable to read up on the various employment rights one is entitled to in more detail on the Workplace Relations website at <http://www.employmentrights.ie/en/> or the Equity Authority’s website at <http://www.equality.ie/en/>.

If you have read this article and are now concerned that your rights are being stepped upon by your employer – do contact FLAC GCD at flac@gcd.ie and book an appointment and you will be consulted on this matter.

And if you have a complaint to make in relation to your rights and equality status, or would like to refer a dispute, do follow the link below for information;

<http://www.employmentrights.ie/en/Referring-a-Dispute/Refer_a_Dispute_Make_a_Complaint/>

 

Beulah Allotey, FLAC GCD.