Misc. Regulation

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 of the letting from the Residential Tenancies Board on the basis of having an interest. The registration fee is €70 per tenancy with a cap of €200 where there are several tenancies of a number of units in one building.

Each new tenancy must be registered.   The required details include the PPS number of the landlord, the name and PPS number of tenants, details of the property, the commencement date, the term and rent under the lease and other requisite information.

Within one month of every change in the rent, the landlord is obliged to advise the Board of the renewed rent. Certain important changes such as cessation of tenancies must be registered as must cessation of the property being a rented property. It is an offence not to register where required.

Registration Issues

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.

Acknowledgement & Statement of Rights

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 including that in relation to

• the setting of rent,
• security of tenure,
• termination of tenancies,
• matters which may be referred to the Board,
• redress that may be granted by the board,
• procedures for complaints,
• functions of board to disclose information to the Revenue

If the registration is incomplete the Board may notify the applicant and give a deadline by which the omissions and errors must be rectified.

Particulars Required

The particulars to be specified include

• the address of the dwelling,
• the name, address where the landlord ordinarily resides,
• any other address for correspondence the landlord may wish to provide and the personal public service number (if any) of the landlord and, where the application is made by his or her authorised agent, the name, address for correspondence and personal public service number (if any) of the agent,
• if the landlord is a company, the registered number and registered office of that company,
•  if (where the application is made by the landlord’s authorised agent) the authorised agent is a company, the registered number and registered office of that company,
• the name and, unless it cannot be ascertained by reasonable inquiry, personal public service number of the tenant, or (as the case may be) of each of the tenants, of the dwelling,
• the name of the housing authority in whose functional area the dwelling is situated,
• if the dwelling is one of a number of dwellings comprising an apartment complex, the name of the management company (if any) of the complex and the registered number and registered office of that company,
• a statement as to which of the following categories it belongs namely, a whole or part of a house, a maisonette, an apartment, a flat or a bedsitter and, in case it falls within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi­detached or terraced, and the number of bedrooms,
• the date the tenancy of the dwelling commenced,
• the amount of the rent payable under that tenancy, the frequency with which it is required to be paid and any taxes or other charges required to be paid by the tenant,
• if the tenancy is for a fixed term, the period of that term,
• if the tenancy consists of a sub-letting, an indication to that effect,
• the number assigned  in respect of a previous tenancy that was registered  in respect of the dwelling (but only if the particulars provided in respect of that tenancy were the same as those that are being provided,  in respect of the immediate tenancy), and
  such other matters as may be prescribed.

Changes

The landlord must notify the Board of changes in the rent within one month. No fee is payable. The landlord is also to notify the Board of other material changes in the registered particulars.

If the Board is of the opinion that the landlord has failed to comply with its obligations may serve a notice requiring compliance. Failure to comply with the notice is an offence.

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

Rent Books

There is a requirement for a landlord to furnish a tenant with a rent book. There is a prescribed format. The regulations require that the rent books must include;

• details of the  property;
• name and address of landlord and tenant
• rent and when and how it is paid;
• amounts for services;
• amount and purpose of deposit;
• date of commencement;
• particulars of  furnishings and appliances provided

The rent book must contain a prescribed statement of tenant’s rights in a specified format.

Multi-Unit Regulation

The Multi Unit Development Act 2011 was designed to deal with perceived abuses and shortcomings that arise with developers and management companies. It regulates management companies in multi-unit developments where more than five units are designed for residential use.

A management company must be set up and ownership of the common areas must be transferred to it. In the case of existing multi-unit developments, the developer must transfer ownership of the common parts within six months of commencement to the Act. The developer must complete the common areas if they are uncompleted.

The legislation imposes specific obligations on management companies. There must be an annual report, accounts and general meetings. Certain notices must be given to the owners. Management companies must establish a scheme for annual service charges to fund expenditure and maintenance of the common areas. It may not be used to defray matters which are at the responsibility after the developer unless more than 90 per cent of members approve.

There is an obligation to establish a sinking fund for refurbishment, improvements and maintenance of a non-recurring nature. Owners must be make contributions to the sinking fund.  It must be held in separate accounts.

There will be a power for the owner’s management company to make house rules. They must be approved by a management meeting of which not less than 21 days’ notice has been given in advance.

Letting Agreements

A letting agreement for a term of one year or more must be in writing and signed by the parties. Verbal lettings for a shorter period are valid. The DSBA has produced a draft letting agreement, consistent with the Residential Tenancies Act. Any older forms in use are inconsistent with the Act so some it the terms and conditions are overridden.

Energy Rating Certificate

A BER (Building Energy Rating) certificate rates the energy rating of dwellings. “A” rated homes are the most energy-efficient and G the least efficient. From the 1st of January 2009, a BER certificate is compulsory for all homes being sold or rented. All new homes (even when not for sale) must have a BER certificate before they are occupied.

BERs will be carried out by BER Assessors, registered by Sustainable Energy Ireland (SEI).  A list of BER Assessors is available on the SEI. It is an offence for persons not registered with SEI as BER Assessors to purport to carry out a BER assessment service for the purposes of the Regulations. BERs cost in the region of €250.