Landlords Legal Obligations & the PRTB

Cosgrove Gaynard Solicitors

The Residential Tenancies Act 2004 (the “Act”) sets out the current tenancy obligations for both landlords and tenants.

Landlords Legal Obligations & the PRTB

The Residential Tenancies Act 2004 (the “Act”) sets out the current tenancy obligations for both landlords and tenants.

Summary of Obligations under the Act:

  • The Private Residential Tenancies Board (the “PRTB”) was established under the Act to deal with disputes between landlords & tenants (residential only). Landlords must register with the PRTB to be able to avail of this service however tenants have access irrespective of whether it is registered.

  • Landlords must register all new tenants with the PRTB within one month. The current registration cost is €90. The fee doubles for late registrations. ( Registration form: http://public.prtb.ie/forms.htm)

  • Landlords must provide a lease to tenants

  • Landlords must carry out any necessary repairs to the property

  • After an initial 6 month period, tenants are entitled to remain in the property for a total of 4 years ie Part 4 Tenancy

  • Termination of a lease can only be carried out under certain circumstances and minimum notice periods must be adhered to depending on the length of the tenancy :

 

Duration of Tenancy                               Notice by Landlord

Less than 6 months                                         28 days

6 or more months but less than 1 year        35 days

1 year or more but less than 2 years            42 days

2 years or more but less than 3 years          56 days

3 years or more but less than 4 years          84 days

4 or more years                                                 112 days

Termination of a tenancy for serious anti social behaviour only requires 7 days notice. Termination for non payment of rent can also result in a shorter notice period. A proper notice of termination must be served in all cases and if the correct format is not

  • Rent can only be reviewed once a year, unless there have been improvements to the property to justify another review.

  • Landlords must insure the dwelling. Contents are a matter for the tenants unless the Landlord decides otherwise.
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