Originally, under the Residential Tenancies Act 2004 and now under the Residential Tenancies (Amendment) Act 2015, all landlords must register all residential tenancies with the Residential Tenancies Board (RTB).
What landlords need to know:
The
RTB acts as an independent body to help monitor and regulate the residential
rental sector. Primary functions are as
follows:
·
To
enforce the Residential Tenancies Acts 2004-2015
·
To
provide dispute resolution between landlords (both housing bodies and private
landlords) and tenants
·
To
maintain a database of tenancies in Ireland
·
To
use and share that data for the purposes of research
The
RTB supports both landlords and tenants, although that is not always perceived in
the marketplace. It can get involved in
issues such as antisocial behaviour or non-payment of rent.
Costs:
There
is a registration charge of €90 per tenancy. Landlords who fail to register
within the prescribed time can be fined up to €3,000, and or face up six months
imprisonment.
The Acts do not apply to the following types of rented
property:- Business lettings
- Holiday lettings
- Formerly rent-controlled dwellings or long-occupation lease tenancies – separate legislation applies to them
- Owner-occupied accommodation (for example, if you rent a room in your landlord's home)
- Dwellings in which the spouse, parent or child of the landlord lives. This applies to informal family arrangements where there is no tenancy agreement in writing. However, the Acts do cover formal agreements between family members, for example where a lease has been signed
- Social housing provided by local authorities (though, as noted above, the voluntary housing sector has been included since 7 April 2016)
- Employment-related lettings – these are sometimes called ‘tied’ houses as they are tied to the job and you must leave the dwelling when the job ends, and
- Section 50 student accommodation (pdf)
- Tenancies in a landlord’s home in a flat or apartment that was originally part of the main house, where the landlord has chosen to opt out of the provisions of Part 4
As a
landlord, if you require any information about registering with the RTB or if
you have any questions about rent reviews or tenancy termination, please
contact me directly on Michael@KinsellaEstates.ie
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