Tenancies Regulation

Table of Contents

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 and tenant was heard by the small claims court, the District Court or the Circuit Court. After the 2004 Act, all claims, except those over relatively high thresholds (€20,000 or higher) must be brought before the Residential Tenancies Board (RTB).

The Board may appoint an adjudicator or mediator to resolve the dispute amicably. The Board may make legally binding orders. It is necessary to go to court to enforce the order. Even claims for possession for non-payment of rent or breach of a tenant’s covenant must go through this process.

The 2004 Act sets out the rights and duties of the landlord and tenant. Most of these cannot be changed by an agreement otherwise. Any term and condition in a letting agreement inconsistent with the Act is void, unless it improves the tenant’s protections. No matter what is in the letting agreement, the minimum tenant protections will apply.

Scope of Act

This Act does not apply to

rent controlled premises (pre-1966 Rent Controlled)
long occupation lease tenancies (see section on business rights) (later modified)
holiday lettings
business lettings.
social housing lettings by housing authorities and approved housing bodies (but see below)
owner-occupied letting where the landlord resides
where the landlord’s spouse, child or parent is a resident and no lease or written tenancy agreement has been entered into.

2015 Reform

The Residential Tenancies (Amendment) Act 2015 made a number of significant changes to residential tenancy protection. It increased the permitted rent review period to two years. It increased the notice period for review period from 28 days to 90.The 2015 Act increased the termination notice period for tenancies more than four years in duration.

The Private Residential Tenancy Board was renamed as the Residential Tenancies Board. The register of tenancies was re-designated as the Residential Tenancies Register. The Board’s jurisdiction was expanded to cover approved housing bodies.

The Tenancy Tribunal was amalgamated with the Rent Tribunal under the older protected tenancies legislation.

The legislation introduced a Deposit Protection Scheme. However, these provisions were never commenced.

Residential Tenancies Board

The Board is established as a body corporate under the Residential Tenancies Act. It has functions to advise the Minister in relation to private rented sector policy, developing guidelines for good practice, collating and collecting relevant information on rent levels, conducting research and monitoring aspects of the private rented dwelling sector, reviewing the Act.

The 2015 Act changed the name of the Private Residential Tenancies Board to the Residential Tenancies Board. It was amalgamated with the older Rent Tribunal under the older protected tenancies legislation. The name of the register was re-designated, the Residential Tenancies Register.

RTB Functions

The Board was set up to support and develop a well-functioning rental housing sector. Its remit covers both the private rental sector and not-for-profit housing providers also referred to as Approved Housing Bodies. Its is to

regulate the rental sector;
provide information to tenants and landlords;
maintain a national register of tenancies;
resolve disputes between tenants and landlords;
conduct research and provide information to inform policy.

The Board provides information to tenants and landlords as well as to the general public to help them understand their rights and responsibilities. It also provides accurate and authoritative research and data on the rental sector, such as the RTB Quarterly Rent Index, which allows us to monitor trends in the rental sector and also allows individuals to compare rents in particular locations.

The Board may develop guidelines and publish a precedent model to lease which will contain provisions that is calculated to ensure harmonious relations between the parties to the lease as regards conduct to one another and their capacity as such parties.

Dispute Resolution

The Residential Tenancies Board resolves disputes in the private rented dwellings sector. This includes disputes relating to the level of rent, non-payment of rent and termination of a tenancy on the basis of the breach. It also hears disputes as to the existence of tenancies and the rights and obligations of the landlord and tenant.

There are two steps in the process. The first is mediation or adjudication, which is confidential. If this does not resolve the matter in dispute, it proceeds to a second stage which is a public hearing by the Tenancy Tribunal.

A dispute regarding termination must be referred within 28 days. Fees are payable to the Board in relation to the reference. Actions (such as a rent review) cannot take effect until the dispute (e.g. regarding the rent) has been determined by the Board or the parties agree.

The Board and the Tribunal act in a less formal manner than a court. The Board is entitled to communicate with the parties to ensure the parties fully understand the issues so that the dispute is not due to a misunderstanding of the legal position.

Registration

Private residential landlords and Approved Housing Bodies are obliged to register their tenancies. A public register is available on the RTB website.

The registration of tenancies enables the Board to collect important data on the sector, and is also a key part of regulating and supporting the sector and ensuring landlords and tenants are aware of their rights and responsibilities.

The fee for a composite application of up to 10 dwellings is at a reduced rate. A reduced fee applies in respect of social housing dwellings .The fees may be increased by the Board in line with inflation.

Generally the tenancy must be registered within one month with the Board. In the case of certain student lettings in exclusively student accommodation a longer period applies.

The application is to be in the prescribed form and contain certain details. The prescribed fee is to be paid. Where the fee is paid late, a higher level fee applies. There is an additional charge for each month that the fee is late of to a maximum.

Where there has been a change registered within the previous 12 months and the returns have been made timely, fees are not payable twice within that period.

An acknowledgement is given of the fee by the Board both to the landlord and the tenant. This includes a statement of the rights and obligations of landlord and tenant under the legislation

Powers of an authorised officer

An authorised officer of the Board may

enter, inspect, examine and search any premises where he or she has reasonable grounds for believing that any activity in connection with the letting or tenancy of a dwelling is carried on and inspect and take copies or extracts from relevant records or remove them entirely for a reasonable period for the purposes of his or her investigation,
require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance as he or she may reasonably require for the purposes of his or her functions under this Part,
require a landlord to provide an explanation of a decision, course of action, system or practice or the nature or content of any records.

Where an authorised officer considers it appropriate, an oral hearing may be conducted to facilitate an investigation. Where a person fails to comply with this section, the authorised officer may apply in summary manner to the District Court for an order requiring compliance. A person shall be guilty of an offence, where he or she hinders an authorised officer’s investigation.

Investigation

The RTB is to cause an investigation to be carried out upon receipt of a complaint of improper conduct by a landlord under the Act. One or more than one authorised officer and a decision maker by the RTB may be appointed for the purposes of carrying out an investigation into a particular case of possible improper conduct and the imposition of a sanction, if warranted

There is provision for notifying relevant parties of an investigation and advising the landlord of his or her opportunity to acknowledge his or her improper conduct. Section

An investigation report is prepared by the authorised officer. A draft investigation report is provided to the relevant parties and submissions thereon are invited within 21 days. The authorised officer submits the final investigation report to the decision maker. The investigation report shall state the authorised officer’s view on whether the landlord has engaged in improper conduct but shall not contain a recommendation with regard to any sanction.

A decision maker may convene an oral hearing on the matter and/or cause a further investigation to be undertaken to assist in making a decision on whether or not to impose a sanction. A sanction may comprise any or all of the following:

a financial penalty of up to €15,000;
payment of RTB investigation costs of up to €15,000; and
a written caution

The legislation provides for issue of a RTB decision notice following the completion of an investigation . There is a provide for a right of appeal of RTB decisions on foot of these provisions to the Circuit Court and where no appeal occurs, provides for the RTB to apply to the Circuit Court to confirm the RTB decision

There is a right of appeal of a Circuit Court decision to the High Court on a point of law. There are specified matters which a decision maker or the Circuit Court shall consider in determining the nature of the sanction to impose.

The RTB is to publish particulars of the sanctions imposed. The RTB is to set out, in rules made with the consent of the Minster, the procedures to be followed in relation to an investigation.

Authorised officers and decision makers are required to perform their functions without undue formality. Where a sanction has been imposed for improper conduct, criminal proceedings cannot be taken on foot of the same conduct and vice versa.

Improper Conduct

Improper conduct in relation to a landlord means—

the commission by the landlord of certain breaches of the legislations including charging more than the market price increasing rent in breach of the act in a rent pressure zone and breaching certain associated requirements
the seeking by the landlord to rely on certain rent review provisions in respect of a dwelling that does not comply with the requirements o,
the seeking by the landlord of a payment to him or her of an amount or amounts in contravention of the deposit limitation provisions
the citing by a landlord in a notice of termination of a reason for the termination of the tenancy concerned that is, and that he or she knows to be, false or misleading in a material respect,
the failure by a landlord, who has served a notice of termination that cites various grounds to comply with certain of the obligations concerned

Revenue

The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions.