Residential Tenancies Act 2004 & Residential Tenancies (Amendments) Act, 2009 and 2015 Presentation at BOI, Waterford on 4 March 2019 by Tim Ryan, former RTB Board Member

Figures : 340,000 Tenancies 173,725 Landlords registered down from 175,250 at end of 2016 (down 1,525) 86% own 1 – 2 units Source: RTB Residential Tenancies Acts 2004 - 2015

Equality Status Act 2014 There are 9 grounds of discrimination recognised in Irish law. Landlords should be aware that they should not discriminate under any of these grounds Gender Civil status Family status Sexual orientation Religion Age Disability Race (includes race, colour, nationality or ethnic or national origins) See: https://employmentrightsireland.com/category/equality-and-discrimination/ Residential Tenancies Acts 2004 - 2015

Lease v Licence Lease requires tenant to have exclusive occupation. Room cannot be changed during the tenancy. Lease agreement can be oral as well as written. Cannot contract out of the Residential Tenancies Act (RTA) but additional conditions can be added e.g. a fixed term Residential Tenancies Acts 2004 - 2015

Landlord’s Rights Set the rent and receive the full rent from the tenant. End the tenancy in the first 6 months without reason if there is no fixed term lease. Be told who is living in the property. Be told about any repairs needed and be given reasonable access to fix them. Refer disputes to the RTB. Residential Tenancies Acts 2004 - 2015

Landlord’s Responsibilities Register a tenancy with the RTB Provide tenant(s) with records of payments. Provide a point of contact for tenant(s). Carry out repairs and maintain the dwelling. Reimburse the tenants for repairs which you have been advised of but not carried out within a reasonable period of time (21 days deemed best practice) Residential Tenancies Acts 2004 - 2015

Landlord’s Responsibilities (contd) Give written notice of any rent review. Provide a valid written notice of termination (ie in compliance with the RTA) Give notice of any inspections. Refund any deposit promptly. Insure the structure. Meet minimum Building Standards. Residential Tenancies Acts 2004 - 2015

Security of Tenure (Part 4 tenancies) Arises once a Tenant has been in occupation for a continuous period of 6 months (and a valid Notice of Termination has not been served), he/she is entitled to remain in dwelling for a further 5 ½ years. For tenancies that commenced before 24th December 2016 rights will continue for 3 ½ years Once in place, there must be a reason for termination – 6 grounds provided for under Section 34 of the RTA . Tenant may avail of a Further Part 4 Tenancy provided no valid notice is served during the last six months of the Part 4 Tenancy. Residential Tenancies Acts 2004 - 2015

Notice of Termination (NOTs) It must be.. in writing. It must be.. signed by the Landlord or Agent. It must state... the Termination Date. It must state... the date of service (Note: Day 1 of the notice period is the day after it is served). It must state... the reason for the Termination (if over 6 months). It must state... that the Tenant has the whole of the 24 hours to vacate. It must state...any issue as the validity must be referred to the RTB within 28 days of receipt of the notice. Residential Tenancies Acts 2004 - 2015

Current Notice Periods Residential Tenancies Acts 2004 - 2015

Notices of Termination Sample Notices of Termination and Statutory Declarations are available on the RTB website https://onestopshop.rtb.ie/ Residential Tenancies Acts 2004 - 2015

Ending a Part 4 Tenancy (S34) Breach of obligations. No longer suitable to the accommodation needs. Sell the property. Landlord requires the property for own or family use. Substantially refurbish or renovate the dwelling Change the use of the dwelling. Further Part 4 Residential Tenancies Acts 2004 - 2015

Breach of Obligations: Rent Arrears Tenant to be notified and given 14 days’ notice that rent overdue and that a Notice of Termination may be served. 28 days’ Notice of Termination may be served once 14 days elapse from receipt of rent arrears notice. If rent is repaid within the 14 days, the Notice cannot be served and a fresh notice is to be served if further arrears occur. If rent is repaid on the 15th day or later, the Notice can still be served since the condition of S 67(3) requires it to be repaid within 14 days. Residential Tenancies Acts 2004 - 2015

Breach of Obligations: Anti-Social Behaviour (S17) Prior notification not required where terminating on grounds of very serious anti-social behaviour – 7 day notice to vacate Three paragraphs First two [paragraphs (a) & (b)] are ‘serious’ and would qualify for a seven day notice and no prior warning. Paragraph (c) is a less serious breach with a 28 day notice and prior warning required. A high burden of proof required. Residential Tenancies Acts 2004 - 2015

Notices of Termination Accommodation Needs - a statement The bed spaces in the dwelling, and the grounds on which the dwelling is no longer suitable having regard to the bed spaces in the dwelling and the size and composition of the household in occupation. Residential Tenancies Acts 2004 - 2015

Notices of Termination Intention to Sell - statutory declaration (S34.3 & S 35) intends within 3 months of termination to enter into an enforceable agreement. Be aware of the Tyrellstown clause. Own or Family Occupation - statutory declaration Identify the relationship and the duration. Give option to tenant to re-let within 6 months of termination. Residential Tenancies Acts 2004 - 2015

Notices of Termination (S34.5) Substantially Refurbish or Renovate - a Statement: (About to change) The nature of the intended works / copy of planning. Planning not required: name of the contractor, the dates the works are to be carried out and the proposed duration. Option to re-let within 6 months. Residential Tenancies Acts 2004 - 2015

The Slip Rule (S64.A) A minor slip or omission in a notice of termination will not invalidate the notice if the slip or omission does not prejudice the recipient in a material way. The slip or omission may be contained in the notice or have occurred during service. The notice itself must otherwise be in compliance with the Act. Residential Tenancies Acts 2004 - 2015

Rent Reviews 24 month rent review period (1 year in RPZs) Market Value Notice must be in a prescribed format 90 days Three comparables Residential Tenancies Acts 2004 - 2015

Dispute Service Informal discussion. Mediations (Telephone). Adjudications. Tribunals (Findings Binding other than on appeal on a point of law to the High Court) Preparation is vital. Evidence, evidence, evidence....... Residential Tenancies Acts 2004 - 2015

Enforcement RTB MAY enforce a Determination Order (DO). Discretion of Board. You may enforce a DO yourself in the District Court (formerly the Circuit Court). Residential Tenancies Acts 2004 - 2015

Self-enforcement If a Determination order is not complied with you can take enforcement proceedings yourself Step 1: Issue a pre-litigation letter stating you will begin District Court proceedings if the Order is not complied with within 7 days Step 2: Draft a “Notice of Application” Step 3: Draft a “Grounding Affidavit” including details of the background to the dispute, the determination made and confirmation Step 4: Take the Notice of Application, and Grounding Affidavit to the Stamping Office Step 5: Take them to the District Court Office Step 6: Serve the respondents with the Notice of Motion, Grounding Affidavits and Exhibits Step 7: Swear an Affidavit of Service Residential Tenancies Acts 2004 - 2015

And finally.......... RTB facilities include: Opening hours (8:30-6:30pm Monday to Friday) Key forms and information – see https://onestopshop.rtb.ie/forms- documents Web chat facility Residential Tenancies Acts 2004 - 2015