landlord tenant

July 2014

landlord & tenantbasic rights & duties

FLAC Legal LANDLORD & TENNANT 24pp_Layout 1 03/07/2014 15:56

Introduction

The rights and obligations oflandlords and tenants are basedon law and on any written ororal agreement made betweenthe two parties. This leaflet setsout the law, highlights severalissues that may arise during thecourse of a tenancy and explains how tofollow the correct legal procedure to resolveany disputes. Tenancy is an agreementbetween two parties, where one party (thetenant) undertakes to occupy a propertyowned by another party (the landlord) for aspecified length of time (lease/tenancy period)and for a specified amount of money (rent).

Important: If you rent a room in a housewhere the house-owner is resident, you arenot covered by landlord/tenant legislation inIreland. The information in this leaflet will notapply to you. In such cases, you can take acase to the Small Claims Court if your depositis withheld or for breach of contract.

What state body is responsible forlandlord and tenant matters?

Established in 2004, the main role of thePrivate Residential Tenancies Board (PRTB) isto provide a dispute resolution service forlandlords and tenants of the private rentedhousing sector and to operate a nationaltenancy registration system. Any disputes thatarise in a tenancy that cannot be resolved

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l and lord & tenant – bas ic r ights & dut ies

The mainlaw in thisarea is theResidentialTenanciesAct 2004


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informally by the parties must be referred tothe PRTB through their online facility or bypost. The registration of a tenancy agreementis a legal requirement on the landlord. Land -lords must be registered in order to avail ofthe PRTB dispute resolution service. Tenantswill have access to the service regardless ofwhether or not the tenancy is registered.

Are there minimum standards for privaterented accommodation?

Yes. All privately rentedproperties must meet theminimum standards set out inthe Housing Regulations. Thereare new minimum standardswhich include private bathroomfacilities, private cooking andfood storage facilities and control over theheating of the property for all tenancies aswell as other matters.

There are also minimum legal standards forthe property's structural condition, ventila -tion, lighting and fire safety. There are furtherstandards set for the provision of wastedisposal facilities as well as electricity and gas.Responsibility for enforcing these standardsrests with the relevant local authorities.

What do I do if the dwelling doesn’tmeet these standards?

If your landlord fails to ensure that thedwelling complies with the minimumstandards, this is a breach of the Residential

Housing(Standardsfor RentedHouses)Regulationsof 2008 &2009


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Tenancies Act 2004. If you are unsure as towhether the property meets minimumstandards, you can request an inspection fromyour local authority to verify it. The localauthority may issue an Improvement Notice,where appropriate, setting out exactly whatthe landlord must do to bring the property upto the required standard. If the landlord doesnot comply, the local authority may issue aProhibition Notice that orders the landlordnot to re-let the property until the breach ofthe regulations has been rectified. You canget a copy of the local authority report, usingthe Freedom of Information Act, if necessary.

The landlord must maintain the dwelling tothe standard it held at the start of the tenancy(except for any damage caused by the tenant).If there is deterioration in the condition of theproperty, and the landlord fails to maintain it,you can raise this with the landlord and referthe matter to the Private ResidentialTenancies Board if necessary.

Note: You are strongly advised to always takephotos of the dwelling at the start of yourtenancy; then if there is a problem later, youcan take fresh photographs as evidence of anychanges.

Security of Tenure: The right to stay in a dwelling

If you have been living in rentedaccommodation for longer than 6 months,you automatically gain the right to stay(‘security of tenure’) in the property for a


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further 3.5 years. This is known asa 'Part 4 Tenancy'. When a tenanthas Part 4 security of tenure, thelandlord can only terminate thetenancy on certain grounds, suchas the tenant failing to meet theconditions of the tenancy, anintention to sell the property, thelandlord needing the propertyfor his or her own use, or wheresubstantial works/refurbishment need to becarried out. However, if there is a fixed-termlease, a landlord cannot avail of thesestatutory grounds to end the tenancy.

Important: If you are on a Part 4 tenancy, youare not obliged to sign a new lease during thistenancy. If you are requested to, make sureyou are able to meet the requirements of thelease, as you will be bound by them. Youshould be sure, for example, that you intendstaying until the end of the fixed term.

If you have a fixed-term lease which is comingto an end and you wish to remain in theproperty under the rights acquired under Part4, you must notify your landlord of yourintention to stay in the property between 3months and 1 month before the end of thefixed–term. If you do not notify your landlord,you cannot be denied Part 4 security of tenure,but you may have to compensate the landlordfor any financial loss incurred because you didnot notify them of your intention to remain inthe tenancy, such as advertising costs to re-letthe property.

Part 4 of theResidentialTenanciesAct 2004

Theseconditionsare listed infull inSection 34of the RTA2004


My landlord is telling me I have to leave.What can I do?

In order to properly and legallyterminate a tenancy, a landlordmust serve a valid notice oftermination on the tenant.

For a notice to be valid it must:

l Be in writing.

l Be signed by the landlord orhis or her agent.

l Specify the date the notice isserved to the tenant. (The daythe notice starts is the day afterit is served).

l State the reason for termination (where atenancy has lasted more than 6 months).

l Specify the termination date, stating thatthe Tenants have a full 24 hours to vacate.

l State that an issue as to its validity may bereferred to the Private ResidentialTenancies Board.

If a tenant does not vacate the dwelling bythe end of the valid notice period, thelandlord can refer this to the PrivateResidential Tenancies Board, as the tenant isthen what is known as 'overholding'.If the landlord or tenant is in breach ofobligations under the Residential TenanciesAct or the tenancy agreement, you shouldnotify them of the problem and if it is notrectified within a reasonable period, you can

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Section 34 ofthe ResidentialTenancies Act2004. Groundsfor ending atenancy includewhere thelandlord ismoving back into the dwelling,is selling theproperty or issubstantiallyrefurbishing it


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serve notice for 28 days. The notice period canbe reduced to seven days in some limitedcircumstances.

A landlord can never forcibly remove a tenantor compel him or her to leave a dwelling. Thismeans no changing of the locks or turning offutilities. While you are living in the property,

Duration of Ten

ancy

Not

ice by

Lan

dlord

Not

ice by

Ten

ant

Less

than

6 m

onth

s28

day

s28

day

s

6 m

onth

s to

1 y

ear

35 d

ays

35 d

ays

1-2

year

s42

day

s42

day

s

2-3

year

s56

day

s56

day

s

3-4

year

s84

day

s

4 or

mor

e ye

ars

112

days

What kind of notice must I give for ending a tenancy?


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your landlord cannot remove yourpossessions. The Gardaí also cannot assist inremoving a tenant from the property.

l If a landlord demands that you leave, youneed to clearly inform him or her that youhave a legal entitlement to stay; write aletter or send an email.

l If you are being physically evicted, youshould attempt to record the evictiondiscreetly.

l Seek legal remedies: Lodge a complaintwith the PRTB using its online facility or byasking it to post you out a disputeresolution application form. When lodgingthe application to the PRTB, ask forpriority status. Also seek help from anynon-governmental agency sourcesavailable (see end of leaflet).

My tenant is not paying her rent –what can I do?

If a tenant does not pay the rent, a landlordcan give a written warning notice to thetenant informing him/her of the amount ofrent that is due. If the rent due has still notbeen paid 14 days after written notification,the landlord can serve a 28-day notice oftermination, asking the tenant to leave.

Important: If a tenant does not pay the rentand the tenancy is a Part 4 Tenancy (that is,the tenancy has lasted for more than 6months), the landlord has to take an extra


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step before issuing a 14-day written warning.The landlord must first notify the tenant thathe or she:

1. Is in arrears of rent;

2. Is allowed a reasonable time to remedythat breach of obligation (what “areasonable time” actually means can varydepending on individual circumstances);and

3. That the landlord is entitled to terminatethe tenancy if the tenant fails to remedythat breach of obligation within theperiod specified.

This first notification does not need to be inwriting. However, because you may need togive evidence that you as a landlord havecommunicated this to the tenant, it is a goodidea to give this notice in writing. If thesituation has still not been rectified by thisstage, you can then issue the 14-day writtenwarning notice as outlined above.

If the tenant does not vacate by the end ofthe notice period, the dispute should bereferred to the Private Residential TenanciesBoard. Following a hearing, the PRTB willissue a Determination Order which is legallybinding. If a party does not comply with aDetermination Order, the landlord may seekenforcement through the Circuit Court or,alternatively, request that the PRTB seekenforcement.

If a tenant does not leave following aDetermination Order, possession of the


dwelling can only be obtained via court order,which is executed by the Sheriff.

I want to leave my house but I have afixed-term lease – can I terminate it?

A tenant cannot avail of the notice periodsabove when he/she has signed a fixed-termlease. They can, however, end the tenancywhere

(i) the landlord is in breach of an obligationunder the Act and has not remedied itwithin a reasonable time and despitewritten notice – in this case, 28 days’notice will suffice no matter what thelength of tenancy, or

(ii) there is a break clause in the lease whichcan be relied upon, or

(iii) both the tenant and thelandlord agree amongthemselves at the time toend the tenancy, or

(iv) the tenant offers to replace him/herselfand the landlord refuses this offer..

For iii) and iv) above, you will have to give inwriting the appropriate notice terms as listedin the previous table, specifying the reason fortermination. In all cases, you are entitled tohave your deposit back provided you followthese steps and where the issues arounddeposit retention discussed below do notarise.

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Section 186 ofResidentialTenancies Act2004


Deposits

What is a deposit?

A deposit is a sum of money (usually amonth's rent) paid over by the tenant to thelandlord before or on commencing a tenancy.The landlord holds the deposit as a kind ofguarantee until the end of the tenancy.

When can a landlord withhold a deposit?

A landlord may only withhold a deposit (orpart of a deposit) in the followingcircumstances:

l If the tenant has not given proper noticewhen leaving and the landlord has, as aresult, suffered a loss;

l If the tenant has left any outstanding billssuch as gas or electricity, or owes any rent;or

l If the tenant has caused damage to theproperty beyond normal wear and tear.

How does a tenant avoid a dispute aboutdeposits?

A deposit might be withheld because of anissue at the start, in the middle or at the endof a tenancy.

l Inventory: Both landlords and tenantsneed to have an accurate record of thecontents and condition of a dwelling atthe start of the tenancy. Both landlordsand tenants should take photographs!

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l Lease conditions: Ensure your leasecomplies with legislation and be clearabout the length of the lease, who isinvolved and who pays for what.

l Wear and tear: The law allows “normalwear and tear”, taking account of theduration of the tenancy and the nature ofthe occupation. Therefore a tenancylasting a number of years is entitled tomore wear and tear than a short one. Ahousehold with children would also beafforded a higher degree of wear and tear.Tenants need to think ahead – if an issuearises during the course of the tenancy,will you be able to show that it is normalwear and tear? This makes it essential totake photographs, especially at the startand end of the tenancy, and to keepreceipts for repairs or records ofundertakings promised.

l Rent payments: Keep acareful record of rentpayments using a Rent Book,bank statements or receiptsprovided by the landlord.Tenants have a legalentitlement to a Rent Bookor to receive receipts for rentpaid. This is a document thatrecords details about thetenancy and notes allpayments of rent that youhave made to the landlord. Your RentBook or lease should also contain thefollowing information:

Your right to arent book isset downunder section17 of the 1992Housing(MiscellaneousProvisions) Actand in SI146/1993Housing (Rent Book)Regulations1993


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4 The address of the flat orhouse.

4 Your landlord's name andaddress and that of thelandlord's agent (if any).

4 Your name.

4 The date the tenancy started.

4 The length of the tenancy.

4 The amount of deposit paid.

4 The amount of rent and how itis to be paid.

4 Details of any other payments for services,such as heating or cable television.

4 A statement on the basic rights and dutiesof landlords and tenants.

4 A list of furnishings and appliancessupplied by the landlord.

l Part 4 security of tenure – do tenantsneed to sign more than one lease? If atenant has been renting the property forsix months, they have the right to stay inthe property for a further three and a halfyears. He or she does not need to signanother lease – see above.

l Fixed-term leases: If you break the leasewithout a valid reason, you will notautomatically lose the deposit, but yourlandlord may be able to make deductionsfrom or keep the deposit to cover expensessuch as re-advertising. You may also be

Your right to a

rent book is

set down

under section

17 of the 1992

Housing

(Miscellaneous

Provisions) Act

and in sections

146/1993

Housing (Rent

Book)

Regulations

1993


14


liable for any losses the landlord suffersduring the void period until it is re-let.However, the landlord is obliged to try toreduce their losses by re-letting theproperty as soon as possible. If a disputearises, therefore, the tenant shouldinvestigate when/whether the dwellingwas re-let.

l Notice periods: You shouldserve notice of termination inwriting, giving the correctamount of notice. The daythe notice starts is the dayafter it is given. It is always agood idea to give a littlemore than the requirednotice to avoid any potentialdisputes about noticeperiods. A tenant does notneed to give notice if vacating thedwelling at the end of a fixed term lease,however it is always a good idea to do so.

l Holding deposits: Tenants are sometimesasked to pay a 'holding deposit' beforeentering into a tenancy contract, whichthen goes towards the actual rentaldeposit. Holding deposits are not coveredby the PRTB, as there is essentially notenancy yet – they are intended to 'hold' apotential tenancy for a person until thetenancy can actually commence. Disputesover holding deposits can be referred tothe Small Claims Court. (See the onlineprocedure at http://bit.ly/smallclaimsct )

You can

download the

notice form

from the PRTB

at

www.prtb.ie

or from

Threshold at

www.threshold.

ie


What can I do if my landlord withholdsmy deposit?

If your landlord withholds your deposit on thegrounds that there are rent arrears,outstanding utility bills that you have createdor damage to the property, you shouldrequest documentary evidence from him/herto back up such claims. If you cannot get your deposit back byyourself, you can make a complaint to thePrivate Residential Tenancies Board. The costof making a complaint is currently €25.

I don’t know who my landlord is or wherehe/she lives. Can I take a case to the PRTBagainst the letting agent instead?

When contacting the Private ResidentialTenancies Board, it is up to the tenant toprovide the landlord's address, as the PRTBwill not be able to process the case withoutthis information.

Tenants should note that a case can only betaken against a landlord, not his or her lettingagent. Tenants should seek the landlord's detailsfrom their lease and the letting agent. Tenantsare entitled to obtain this information under theRent Book Regulations mentioned above, whichare enforced by the relevant local authority.Tenants can make a complaint to the HousingDepartment of their local authority. If an agentdoes not give you the contact details so that youcan pursue a case then you may complain to theNational Property Services Regulatory Authority,the supervisory body for agents.

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Other issues

A receiver has been appointed to theproperty I am renting – what does thismean?

If your landlord/ property owner defaults onmortgage repayments, his/her lending institu -tion may appoint a receiver (often referred toas a ‘receiver of rent’ or ‘rent receiver’) tocollect the rental income from the propertyand pay it over to the bank or lendinginstitution. This will be done by Deed ofAppointment, which is a document signed bythe landlord’s bank and confirms the bank hasappointed a receiver.

Once you have been given a copy of the Deedof Appointment and you are happy that theyhave been properly appointed, the rent mustnow be paid to the receiver. You should getreceipts for all payments made. You shouldalso get clarification that the receiver will beresponsible for carrying out any necessaryrepairs. Unless otherwise agreed, the landlordremains responsible for returning your depositat the end of your tenancy.

It is hoped that existing legislation will beamended so that it clearly states that whereappointed, a receiver steps into the landlord’sshoes and all rights and obligations arisingunder the Act are preserved. In themeantime, the independent housing rightsorganisation Threshold has put together somehelpful points for when a receiver isappointed to your rented accommodation:


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1. Your tenancy continues and you have theright to remain in the property.

2. If you have a current lease, the receivershould honour the pre-existing tenancyterms and conditions.

3. There is no legal obligation on you to signa new lease if you do not wish to do so.

4. Your tenancy can only be ended by theserving of valid notice in accordance withthe Residential Tenancies Act 2004.

5. The receiver must provide you with a deedof appointment for your accommodation.

6. Get the receiver to confirm whether theywill take on the responsibility of returningyour deposit at the end of the tenancy.

7. Get confirmation from the receiver that inaddition to accepting the rent, that theywill take on responsibility for ongoingtenancy issues such as maintenance andrepairs.

8. If the receiver will not confirm that he/shehas become the landlord, and/or theoriginal landlord continues to demandrent or indicate that the receiver is to beignored, seek further guidance fromThreshold, FLAC or other body.

What is rent supplement?

Rent Supplement is a type of social welfarepayment to help tenants who are already inreceipt of a welfare payment to meet the costof rented accommodation. The tenant must


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make a contribution alongside the socialwelfare payment. Rent Supplement can bepaid directly to the landlord.

There are maximum rent levels over whichRent Supplement will not be awarded. It willonly be provided if the accommodation issuitable for your needs and the rent is belowthe maximum rent limit set for your county.You will not qualify for Rent Supplement ifyou are in full-time employment (30 hours ormore a week). To apply, you should contactthe Department of Social Protection'srepresentative (previously the CommunityWelfare Officer) at your local health centre.

Can I get Legal Aid for my tenancyproblem?

If you are a person of modestmeans, civil legal aid may beavailable from a Legal Aid BoardSolicitor on a landlord andtenant issue. Generally, the Legal Aid Boarddoes not provide legal aid (representationbefore a court) on rights or interests over landhowever, there are certain limited exceptions:

l Where a subject matter of the dispute isthe applicant's home (or what would bethe applicant's home but for the dispute)and

l Where the Legal Aid Board considers thatthe applicant

t suffers from an infirmity of mind orbody due to old age or to other

Civil LegalAct 1995.Section 28(9) (c) (iii) (I)


circumstances, or

t may have been subjected to duress,undue influence or fraud in the matter,and

l Where a refusal to grant legal aid wouldcause hardship to the applicant.

Everyone granted civil legal aid must pay a fee(called a contribution) to the Legal Aid Board.Its offices are called Law Centres and arelocated around the country. The minimumcontribution for legal information is €30 andfor legal aid is €130 but each fee is calculatedon a sliding scale based on your income – thelaw centre staff will advise you of the contri -bution in your case. For further information,call 1890 615 200 or go to www.legalaidboard.ieto find your local centre (see also FLAC's guideto the civil legal aid system atbit.ly/CLAflacsheet ).

What is anti-social behaviour?

Tenants have an obligation tonot behave, or allow occupiersor visitors to behave in a mannerthat is anti-social within therented dwelling or its vicinity.Anti social behaviour is where atenant or that tenant’s occupiersor visitors engage in behaviour which:

a) Constitutes an offence, which is reasonablylikely to have an impact on the well-beingor welfare of others;

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Anti-socialbehaviour isdefined insection 17 ofthe ResidentialTenancies Act2004


b) Causes or could cause fear, danger, injuryor damage to any person living, workingor otherwise lawfully in the vicinity,including violence, harassment,intimidation, coercion or obstruction of, orthreats to, any such person; or

c) Persistently prevents or interferes with thepeaceful occupation by another person inthe vicinity of their dwelling.

Examples of anti-social behaviour includedrug-dealing, intimidation or harassment,assault, vandalism, joyriding, excessive noiseand verbal abuse.

I am a landlord with tenantsengaging in anti-socialbehaviour. What should I do?

As a landlord, you are requiredunder the Residential TenanciesAct 2004 to enforce theobligations of a tenant, whichincludes not behaving in a waythat is anti-social. If you, as alandlord, do not take steps to enforce thisobligation, any person that is affected by yourtenant's anti-social behaviour can bring acomplaint against you to the PRTB.

You can terminate the tenancy due to anti-social behaviour by the tenants. As mentionedabove, a landlord can serve a 28-day notice oftermination on the tenants, or a seven-daynotice where the anti-social behaviour comesunder either a) or b) above.

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Landlord'sdutiesaround anti-socialbehaviour oftenants arein section 15of theResidentialTenancies Act2004


Discrimination and equality

Do tenancies come under equality law?

The provision of rentedaccommodation is considered aservice under the Equal Status Acts. Theseprohibit discrimination, directly or indirectly,on nine grounds:l Gender l Sexual orientation

l Family status l Religion

l Race l Civil status

l Age l Disability

l Membership of the Traveller community

I feel I have been discriminated against bymy landlord or an agent. What should I do?

If you feel you have been discriminatedagainst by a landlord or an agent, you shouldcontact the Equality Authority, an independ -ent State body which works to ensure thatdiscrimination on certain grounds does notoccur – more information at www.equality.ie

Useful contacts:

PRTBThe Private Residential Tenancies Board is astate body that operates a national tenancyregistration system and offers a disputeresolution service for landlords and tenants ofthe private rented housing sector. Address: PO Box 11884, Dublin 2Tel: 0818 30 30 37Web: www.prtb.ie

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Equal StatusActs 2000-8


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E-mail: For disputes: [email protected] registering a tenancy: [email protected]

ThresholdThreshold is an independent charity thatprovides a free advisory and advocacy serviceto landlords and tenants as well as up to dateinformation on all aspects of the privaterented sector.Address: Head Office, 21 Stoneybatter,

Dublin 7.Tel: 1890 334 334Web: www.threshold.ieE-mail: [email protected]

IPOAThe Irish Property Owners' Association is anorganisation offering advice and informationto property owners.Tel: 01 - 827 6000Web: www.ipoa.ieE-mail: [email protected]

NPSRANational Property Services RegulatoryAuthority. The main function of the Authorityis to control and regulate Property ServicesProviders (i.e. Auctioneers/Estate Agents,Letting Agents and Management Agents).Tel: 046-903 3800 Web: www.psr.ieE-mail: [email protected]


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Citizens InformationRun by the Citizens Information Board, thisstate service provides information online, overthe phone and via its extensive countrywidenetwork of offices on public services andentitlements in Ireland.Tel: 0761 07 4000Web: www.citizensinformation.ie

Legal Aid

For further details on financial eligibilityrequirements or for details of otherallowances, contact your local Law Centre. Afull list is available at www.legalaidboard.ie.FLAC has prepared a guide to the state legalaid system which you can download atbit.ly/CLAflacsheet.

Need more information?

Legal information leaflets are also available

from FLAC on a variety of other areas of

law. They are free to download as PDFs

from the FLAC website or in print from your

local FLAC centre or Citizens Information

Centre.


FLAC Mission Statement

FLAC (Free Legal Advice Centres) is a human rightsorganisation which exists to promote

equal access to justice for all.

FLAC (Free Legal Advice Centres) is a human rightsorganisation which exists to promote equal accessto justice for all.

While every effort has been made to ensure theaccuracy of this leaflet, it is provided for generallegal information only and is not intended as asubstitute for legal advice. The information itcontains is correct as of date of publication. FLACdoes not accept any legal liability for the contentsof this leaflet. People with specific legal problemsshould consult a solicitor.

FLAC is indebted to Kevin Baneham BL on whosework this leaflet is primarily based, and to Thresholdfor its comments and assistance, particularly BobJordan, Chief Executive and Andrew Guy, ProjectSupport Worker.

FLAC offers free, confidential basic legal informationvia its lo-call telephone information line at 1890350 250 and one-to-one legal advice through itsnetwork of voluntary advice centres countrywide –www.flac.ie/help

This publication was supportedand funded by ESB Electric Aid &Citizens Information Board

© FLAC – Free Legal Advice Centres, July 2014

LoCall: 1890 350 250 | www.flac.ie

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d an

d pr

inted by

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landlord tenant

Documents

whatthe landlord

legal requirement

tenant matters

tenancy agreementis

correct legal procedure

theminimum standards

private bathroomfacilities

tothe prtb