The Residential Tenancies Act 2004 confers rights and responsibilities for both Landlords and Tenants:

Landlord Rights –

A landlord has the right to:

·          Receive the rent on the due date

·          Issues a notice of termination without a reason within the first six months of the tenancy

·          Refer a dispute to the Private Residential Tenancies Board (PRTB) if the tenancy is registered

·          Be informed of who is living in the property

·          Decide whether to allow sub-letting by the tenant

·          Be informed of any repairs needed and be granted reasonable access to fix them

·          Review the rent once a year, in line with current market rent, and on serving 28 days notice.

Tenant Rights –

A tenant has the right to:

·          Be provided with a dwelling in good condition

·          Be provided with full contact details of the Landlord and/or agent

·          Be entitled to peaceful occupation – landlords can only enter with permission unless it is an emergency

·          Be provided with a rent book, written contract or lease

·          Be given 28 days notice of a rent increase

·          Be given a prompt refund of their deposit

·          Be given proper notice of termination of the tenancy

·          Refer disputes to the Private Residential Tenancies Board (PRTB)

Landlord Responsibilities –

A landlord has the following responsibilities:

·          To register the tenancy

·          To provide a rent book (if no written lease is in place) and receipt of payments

·          To ensure the property is in good condition and undertake all necessary repairs

·          To insure the property

·          To provide tenant with details and contact information of any agency who deals on their behalf

·          To provide the tenant with the landlord’s contact details if not dealing with an agent

·          To give tenants 28 days notice of a rent review

·          To give the tenant a written notice of termination of tenancy

·          To refund deposits promptly if appropriate

·          To give tenants notice of any impending inspections of the property

·          To pay any charges related to the property e.g. taxes and duties

Tenant Responsibilities –

A tenant has the following responsibilities:

·          To pay rent on time

·          To maintain the property in good order

·          To inform the landlord when repairs are needed

·          Not to engage in any activities that may harm other parties or the property

·          To allow the landlord access to do routine inspections/repairs

·          To inform the landlord of who is living in the property

·          To give the landlord written notice of termination of the tenancy

·          To keep a record of all payments and dealings with the landlord

·          Not to do anything that could affect the landlord’s insurance premium on the dwelling

Landlords must register the tenancy with the PRTB within one month of renting a property in order to avoid penalties. Failure to register may result in a fine of up to €3,000 and/or up to 6 months imprisonment.

In addition, failure to register the tenancy will preclude the landlord from claiming interest relief on any interest paid on the property in determining taxable rental income.