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
The minimum standards prescribed for rented houses are contained in the Housing (Standards for Rented Houses) Regulations, 2019 (S.I. 137 of 2019).
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.
Note: Landlords providing long-term leases (minimum of 10 yrs) do not have to provide white goods, but must provide facilities to install white goods.
Private Rented Housing Complaints
Tenants occupying accommodation not meeting the minimum standards prescribed for rented houses as set out in the Housing(Standards for Rented Houses) Regulations 2019 should, in the first instance, contact the landlord in order to give the landlord an opportunity to put the matter right.
If a tenant has notified the landlord regarding the need to adhere to above Regulations, but the problem has not been rectified by the landlord, then the tenant can choose to refer the matter to the Housing Section for investigation.
When contacting the Housing Section, the tenant should provide their full name, address and telephone number/mobile number along with full details of their concerns/query. The name, address and contact details for the landlord should also be provided.
If it is the opinion of the Housing Section that the complaint requires further investigation, then an appointment will be made to inspect the relevant property and further action initiated if warranted.
[email protected] or Donegal County Council, Housing Section, Public Service Centre, Gweedore Road, Dungloe, Co.Donegal
Useful Links
Minimum Standards in Rental Accommodation March 2024 Click here
Residential Tenancies Board – www.rtb.ie
Threshold – National Housing Organisation – www.threshold.ie
