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Faculties & Departments
Residence Office
Tenants' Rights Information
A Guide to Your Rights as a Tenant
The following information is a guide for tenants and does not constitute formal legal advice.
As a tenant in private rented accommodation you will have both legal rights and duties. Verbal agreements are binding but written agreements are obviously easier to clarify at a later date if required.
There have been some changes to tenant/landlord law in recent months. One of the main changes relates to the length of tenancies and the amount of notice to be given. The following is a brief rundown of some of the changes.
You may also like to look at www.threshold.ie for more information or www.environ.ie where you will find a quick guide under the landlord and tenant information section
Terminating a Tenancy
Terminating within the first six months.If a tenancy is terminated within the first six months, not due to any fault on the tenant and there is no fixed-term lease, the landlord must serve notice to quit of at least 28 days. The landlord does not have to provide a reason for terminating the tenancy.
Landlord terminating a Part 4 tenancy
The notice period required to terminate a Part 4 tenancy is regulated by the length of the tenancy. The period required can be found in the following table:
| Notice Period | Duration of Tenancy |
|---|---|
| 28 days | Less than 6 months |
| 35 days | 6 months or more but less than 1 year |
| 42 days | 1 year or more but less than 2 years |
| 56 days | 2 years or more but less than 3 years |
| 84 days | 3 years or more but less than 4 years |
| 112 days | 4 or more years |
The landlord must provide a reason for terminating the tenancy.
Grounds for terminating a Part 4 tenancy
A landlord may terminate a Part 4 tenancy but only on the grounds specified below:
- Where the tenant has not complied with their obligations, the tenant has been notified of the breach and has not righted the breach.
- Where the dwelling is no longer suitable to the needs of the tenant.
- Where the landlord is selling the property.
- Where the landlord requires the dwelling for his own occupation or for a member of his family to occupy
- Where the landlord intends to substantially refurbish or renovate the dwelling and planning permission has been obtained, if necessary.
- Where the landlord intends to change the use of the dwelling and planning permission has been obtained, if necessary.
The landlord may terminate a Part 4 tenancy with 7 days notice on the grounds of the tenants’ anti-social behaviour. The landlord may terminate with 28 days notice where the tenant is in default. If the default is non-payment of rent, the landlord must notify the tenant in writing that the rent is owing and give them 14 days to pay the rent prior to serving 28 days notice to quit.
A tenant surrendering a tenancy must serve their landlord with the relevant notice period.
| Notice Period | Duration of Tenancy |
|---|---|
| 28 days | Less than 6 months |
| 35 days | 6 months or more but less than 1 year |
| 42 days | 1 year or more but less than 2 years |
| 56 days | 2 years or more but less than 3 years |
| 84 days | 3 years or more but less than 4 years |
| 112 days | 4 or more years |
Registration
The majority of tenancies will have to be registered with the Private Residential Tenancies Board. It is the responsibility of the landlord to register the details with the Board. Either the landlord or the tenants are entitled to a copy of the details entered on the register.
When to register
All existing tenancies must be registered by the landlord with the board by December 1st 2004. All new tenancies must be registered within one month of the commencement of the tenancy.
What details must be supplied
The following details must be supplied with the registration application:
- The address of the dwelling
- The name, address and PPS number of the landlord and any authorised agents
- The number of occupants of the dwelling
- The name and PPS number(if known) of the tenants, or tenants.
- A description of the dwelling including the number of bed spaces
- The date the tenancy commenced
- The amount of rent payable
Fee Payable by Landlord for Registration
The fee payable to register a tenancy will be €70. If a landlord is registering a number of tenancies in a single dwelling, the fee will be €300.
Private Residential Tenancies Board
The Private Residential Tenancies Board (PRTB) has been set up to resolve disputes between Landlord and Tenants, operate a system of tenancy registration and provide information and policy advice. From December 6th 2004 landlords and tenants will be able to refer disputes to the Private Residential Tenancies Board for resolution by mediation, adjudication or tribunal hearing.
The residential Tenancies Board will deal with:
* The refund or retention of deposits that are currently dealt with by the Small Claims Court
* Alleged breaches of tenancy obligations, by either Landlords or Tenants
* Timing of rent reviews and the determination of rent levels following a review
* Failure to follow the correct procedure to terminate a tenancy
* Invalid reason for terminating a tenancyDetermining proper notice periods
* Tenants vacating tenancies in the absence of a valid notice
* Tenants and sub-tenants remaining in occupation despite the receipt of a valid notice
* Claims for costs and damages from either the Landlord or the Tenant arising from failures to comply with their obligations
* Claims for costs or damages or both by a landlord or tenant alleging improper termination of a tenancy
* Failure to comply with a determination order made by the Board
* Penalisation of Tenants by Landlords
* Claims for rent arrears or other charges
*A landlord will only be able to access the services of the PRTB when they have registered their tenancies. Landlords are prohibited from penalising a tenant for referring a dispute to the PRTB.
Market Rent
Landlords are restricted from charging rent that is above the market rate. After the first twelve months of a tenancy, landlords can seek a rent review. Reviews cannot take place more frequently than annually unless there has been a substantial change in the nature of the accommodation during that period.
Further Information
The Act is available online at http://www.oireachtas.ie/documents/bills28/acts/2004/a2704.pdf
A hard copy is available for purchase from the Government Publications Office, Molesworth Street, Dublin 2. 01- 647 6000
Contact Details
Private Residential Tenancies Board 01 – 888 2960
Canal House, Canal Road, Ranelagh, Dublin 6.
Tenants' Rights
As a tenant you have rights within the law. You also have duties. These include paying the rent, keeping the accommodation in good condition and avoiding damage to the property which you are renting. You are also required not to cause nuisance or annoyance to those around you. If you have any special terms in your lease you should comply with them also.
It is inadvisable to withold rent if there are problems with the accommodation such as faulty appliances etc. You will usually be in a better position to assert your rights when you have kept to your side of the bargain, i.e. have paid your rent.
Deposits
It is usual for a landlord to look for a security deposit, be it a few weeks rent or a month's rent. The deposit must be recorded in your rent book or you should have a receipt for the amount. Keep your receipt for future reference and/or in case of a disagreement regarding the deposit.
You may lose some or all of your deposit if you:
1. do not give adequate notice that you are leaving or if you leave before the end
of a lease or tenancy agreement.
2. cause damage to the property which is above normal wear and tear.
3. .leave without paying all your rent or leave bills unpaid.
Remember to insist on a receipt for your deposit or make sure that it is written into your rent book.
Some landlords will allow you use your deposit in lieu of the final month's rent but this is unusual. It is more common to pay your rent as normal for the last month and receive the deposit back when finally moving out.
Make definite arrangements with your landlord well in advance of moving out regarding the refund of your deposit. Don't wait until the day you are leaving to sort it out. Arrange a time when your landlord can come around to your house, preferably when all the tenants are there, to settle any bills etc. and refund your deposit. If you are moving out of your accommodation in late May/early June, contact the landlord at least a few weeks beforehand to sort things out.
If you think that some or all of your deposit has been unfairly witheld please drop in to the Residence Office where we will give you any advice we can.
You may also be able to recover witheld deposits through the Small Claims Court. Information on the small claims procedure is available from the Residence Office.
Rent Book
As a tenant you are legally entitled to a rent book. Rent payments shoud be recorded in the rent book. This saves both confusion and dispute at a later stage. If your landlord issues you with receipts staple them into your rent book in order to have a proper record of your rent payments. Again this will come in useful if there is ever any confusion regarding payment. Make sure that deposits paid are recorded in the rent
book.
Your rent book should contain the following information:
1. .the address of the rented house/apartment/flat
2. the name and address of your landlord or her/his agent
3. .the name of the tenant(s)
4. the length of the tenancy
5. the amount of rent you pay and how often you pay it e.g. weekly, four weekly or calendar monthly etc. The means by whihc you pay the rent should be recorded - do you pay in cash, bank draft, standing order etc.?
6. other payments such as ESB, telephone etc.
7. .the amount of deposit paid. It should also mention how and when the deposit is to be returned.
8. a statement of fundamental rights and duties of landlord and tenants in relation to the tenancy.
Rent books are available from the Residence Office
.
Visitors
As a tenant living in your own rented home you are entitled to enjoy your home as you wish (within reason of course). Visitors to your home are your business. Overnight guests are also your own business. The exception to this is if you have signed an agreement by which you agree to forgo the right to have visitors in your home (popular in apartheid-era south africa).
Make sure you know the difference between having a friend stay over and moving a new person in to the house. Excercise your judgement. Also take into account the views of the other tenants. You are entitled to have overnight guests but moving someone in is another thing altogether.
Privacy
You are entitled to the peaceful enjoyment of your home. Your landlord is not entitled to enter your home without your permission. Equally if your landlord constantly calls around to your home you are under no obligation to invite him/her in. You are paying rent to enjoy your home in privacy. Make sure that landlord access is agreed before you move in. If the landlord wants to make inspections, the frequency of these inspections should be agreed beforehand. If repairs need to be made to the property, the landlord must also agree with you when they are to be carried out. It is usually in your interest to have repairs carried out as quickly as possible.
If the property is up for sale or if there is to be a re-letting your landlord should let you know viewing times in advance.
If you have difficulties regarding privacy please contact the Residence Office.
Remember that as you want peace and quiet in your own home so do your neighbours so keep the noise to an acceptable level.