Housing Assessment Housing authorities have ongoing duties to assess housing needs within their area. The legislation sets out the factors which they must take into account. If housing is obsolete, overcrowded and unfit, it’s likely obsolescence and loss to the housing stock must be considered. Authorities must consider the number of homeless persons or persons living in temporary or movable accommodation. They must consider the […]
Overview Housing Associations provide for a significant amount of social housing needs. They date back to the 19th century, preceding local authority housing provisions. Most Housing Associations provide a relatively limited number of housing units, particularly for older persons. There may be a significant voluntary input. In some cases, additional social services and activities accompany the provision of housing services. A 1991 Report on social […]
Housing Authorities Local authorities are designated housing authorities by the Housing Acts. The principal function of a Housing Authority is to provide housing for persons who cannot do so by their own means or due to a disability. They also have functions in terms of improving, increasing and maintaining housing standards of the housing stock. Housing authorities have the power to provide houses directly. They […]
Part V Planning Requirements Part V of affordable housing arose from housing units or sites set aside by developers as a condition of planning permission. This arose under part V of the Planning and Development Act. The local authority could designate certain houses as affordable housing. Persons are eligible to buy affordable houses, potentially, if 35 per cent of their income would not cover the […]
Original Scheme The Shared Ownership Schemes were initiated by the Housing (Miscellaneous Provisions) Act 1992. The local authority may grant a shared ownership lease geared in such a way that the local authority and the lessee have valuable respective interests in the property. The local authority s charges a rent in respective of the retained share of ownership and the tenant pays a mortgage on […]
Home Renovation Scheme The Home Renovation Scheme was announced in Budget 2013. It provides a tax credit of 13.5 per cent of qualifying expenditures that can be set against income tax over two years. The work must be done prior to 2016. The applicant must be an owner-occupier who carries out work on a principal private residence. LPT and household charges must be paid up […]
Land Purchase Acts In the mid to late 19th century, two-thirds of the land in Ireland was owned by less than 2,000 people. Tenant farmers had minimal and very precarious rights. A combination of agitation and the growing strength of the Irish party in the UK Parliament led to radical legislation in the latter part of the 19th century and early 20th century, which led […]
Legislation In a number of cases in the mid-1990s taken under the Housing Act 1988 clarified the duty of local authorities to provide halting sites. In broad terms, the local authority was held to have a duty to provide sites for travellers. Under the 1988 Act, development plans must include objectives for the provision of traveller accommodation. The Housing (Traveller Accommodation) Act 1998 made more […]
Powers of Sale Local authorities have the power to sell or lease dwellings under a purchase scheme to another housing authority or to other persons where the dwellings are not occupied. Regulations may be made in relation to the classes of houses to which a purchase scheme may apply the determination of the discount, allowance to be deducted from the purchase price and other terms […]
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 Act, a dispute between landlord […]
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 the minimum housing regulations standards; […]
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; not to do or omit […]
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 there has been a substantial […]
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 whether, in so far as […]
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 by this commitment. Therefore from […]
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 Not less than 7 years […]
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 notified and given time to […]
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 created before 24/12/2016) cycle, termination […]
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, which is then the subject […]
General The Urban Regeneration and Housing Act 2015 provides for the vacant site levy. The land to which the levy provisions may apply shall be either “residential land” or “regeneration land”. It applies to land in both public and private ownership. Residential land means land included by a planning authority in its development plan or local area plan with the objective of zoning for use solely or primarily for […]
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 be able to obtain details […]
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 leases after the stage, were […]
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 safety and refuse facilities. The […]
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 in relation to the tenancy […]