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Private Rented Accommodation

 

Privately rented accommodation must be registered by the landlord with the Residential Tenancies Board and a registration fee paid. Each registration must be renewed after 4 years, but if the tenancy changes within that period a new registration fee applies. 

 

Under the terms of the Residential Tenancies Act 2004 landlords must:

 

  • allow the tenant to enjoy peaceful and exclusive occupation,

  • carry out repairs, subject to tenant liability for damage beyond normal wear and tear,

  • insure the dwelling, subject to the insurance being available at a reasonable cost,

  • provide a point of contact,

  • promptly refund deposits unless rent is owing or there is damage beyond normal wear and tear,

  • reimburse tenants for expenditure on repairs that were appropriate to the landlord,

  • enforce tenant obligations, 

not penalize tenants for making complaints or taking action to enforce their rights.

 

There are further provisions in the act in relation to terms of rent and security of tenure.

 

For further information visit www.rtb.ie  

 

Housing Inspections

 

In December 2016, the Minister for Housing, Planning and Local Government launched the Strategy for the Private Rented Sector.  Arising out of this strategy, new consolidated regulations prescribing minimum standards for rented houses, the Housing (Standards for Rented Houses) Regulations 2017 (S.I. 17/2017), were published, with commencement on the 1st July 2017.

 

Responsibilities of Landlords and Tenants

 

Landlords are legally required to provide tenants with a property that provides a safe and healthy environment to live in.  That means regularly reviewing the condition of the property and carrying out repairs when needed.  Landlords are responsible for the maintenance and repair of the dwelling and the equipment provided with it, arising from the wear and tear associated with normal use.

 

Tenants must also take responsibility for the property.  They are required to exercise due care when using the dwelling and the equipment in it and to promptly inform the landlord when repairs are needed.  Tenants are responsible for the repair of damage, either accidental or deliberate, that is not attributable to normal use.

 

Housing Authorities are responsible, through inspection, for determining whether a property meets the standards for rental accommodation and, where the property does not, for ensuring compliance through the use of improvement and prohibition notices and legal proceedings.  Landlords and tenants are required to allow the Housing Authority access to the property to undertake inspections.

 

Where it is not clear from an inspection that a rental property is in compliance with the Regulations, the Housing Authority may require the landlord to provide such evidence as is necessary to establish that they have complied with the requirements of the Regulations.

 

Tenants may report suspected non-compliance with the standards to the Housing Authority, request that inspections be carried out and are entitled to be informed of the outcomes of inspection and enforcements processes.

 

Useful Links

 

The Department of Housing, Planning and Local Government – www.housing.gov.ie

 

Residential Tenancies Board – www.rtb.ie

 

Threshold – National Housing Organisation – www.threshold.ie

 

Guide to Minimum Standards in Rental Accommodation September 2017 click here

 

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