Landlord and
Tenant Rights in Ireland
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 4th 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
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