1. 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

2. 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

3. 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:
Residential Tenancies Acts

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. Current Notice Periods
Residential Tenancies Acts

11. Notices of Termination
Sample Notices of Termination and Statutory Declarations are available on the RTB website
Residential Tenancies Acts

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

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