Landlords Legal Obligations & the PRTB
The Residential Tenancies Act 2004 (the “Act”) sets out the current tenancy obligations for both landlords and tenants.
Summary of Obligations under the Act:
- The Private Residential Tenancies Board (the “PRTB”) was established under the Act to deal with disputes between landlords & tenants (residential only). Landlords must register with the PRTB to be able to avail of this service however tenants have access irrespective of whether it is registered.
- Landlords must register all new tenants with the PRTB within one month. The current registration cost is €90. The fee doubles for late registrations. ( Registration form: http://public.prtb.ie/forms.htm)
- Landlords must provide a lease to tenants
- The property must meet certain minimum standards (Further details are set out at : http://www.environ.ie/en/DevelopmentHousing/Housing/PrivateRentedHousing/ )
- Landlords must carry out any necessary repairs to the property
- After an initial 6 month period, tenants are entitled to remain in the property for a total of 4 years ie Part 4 Tenancy
- Termination of a lease can only be carried out under certain circumstances and minimum notice periods must be adhered to depending on the length of the tenancy :
Duration of Tenancy Notice by Landlord
Less than 6 months 28 days
6 or more months but less than 1 year 35 days
1 year or more but less than 2 years 42 days
2 years or more but less than 3 years 56 days
3 years or more but less than 4 years 84 days
4 or more years 112 days
Termination of a tenancy for serious anti social behaviour only requires 7 days notice. Termination for non payment of rent can also result in a shorter notice period. A proper notice of termination must be served in all cases and if the correct format is not
- Rent can only be reviewed once a year, unless there have been improvements to the property to justify another review.
- Landlords must insure the dwelling. Contents are a matter for the tenants unless the Landlord decides otherwise.
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