The obligations of a landlord in a residential letting or tenancy
A landlord’s obligations in a residential tenancy and letting can be very onerous. A good working knowledge of your rights and obligations can be very important.
The governing legislation is the Residential Tenancies Act 2004.
The residential tenancies act 2004
The Residential Tenancies Act 2004 applies to every dwelling which is the subject of a tenancy.
There are some limited exceptions where the residential tenancies act will not apply but this report is intended for the vast majority of residential lettings which have arisen over the last 10 years in Ireland.
Part 4 Tenancy
One of the most important effects of the residential tenancies act is that where a person has been in occupation, under a tenancy, for a continuous period of 6 months then, provided no notice of termination has been served, then the tenancy will continue for 4 years.
This right of the tenant is of huge significance for many landlords and this tenancy is then called a Part 4 tenancy.
Landlord and Tenant’s obligations
All of these obligations are set out in the act and are incorporated in the standard letting agreement which is used by most solicitors in Ireland.
You can see this agreement at www.dsba.ie (Dublin Solicitors Bar Association) so if you are unsure as to your obligations as a landlord or tenant have a look there first or consult your existing agreement if you are currently a landlord/tenant.
Rent/Rent review
Rent may not be set at an amount greater than the market rent for the tenancy in question and any disputes can be referred to the Tenancy Tribunal of the Private Residential Tenancies Board (www.prtb.ie)
Termination of Residential Tenancies
Tenants of fixed term tenancies ie the standard 12 month letting agreement common in Ireland have security of tenure from the word go as a result of their 12 month agreement.
Termination of a residential letting by the Landlord
A landlord can terminate a Part 4 tenancy prematurely on one of 6 grounds laid down by the legislation and only then when he serves a notice of termination stating the ground and has served the notice in accordance with the notice periods laid down by the act.
The 6 grounds for premature termination of a Part 4 tenancy by the landlord are
1.The tenant has failed to comply with their obligations. However the landlord has to notify them of their failure and give them a reasonable time to remedy the failure.
2. The property is no longer suitable for the tenant.
3. The landlord intends entering into an agreement within 3 months to sell the property.
4.The landlord requires the property for his own use or for a family member (but he must specify who he needs it for and for how long)
5. The landlord intends refurbishing or renovating the property.
6. The landlord intends changing the use of the property to some other use.
If the landlord uses one of these grounds dishonestly then the tenant can make a complaint to PRTB and they can award compensation to the tenant.
PRTB awarded over €5,000 to a tenant who had been illegally evicted in Galway in 2006.
Termination of a residential letting by the tenant
The tenant may terminate by giving a notice of termination to the landlord with the required notice period.
Unlike the landlord the tenant can bring a Part 4 tenancy to an end without giving a reason.
The first 6 months
A landlord can terminate a tenancy, provided it is not a fixed term tenancy, within the first 6 months without giving a reason.
However he must give the statutory notice period.
12 month fixed term tenancy
The right to terminate prematurely in this instance is limited to situations where either party is in breach of the agreement or in breach of their statutory obligations.
Landlords need to be careful here as the fixed term tenancy gives more protection to the tenant than they would have if they only had a Part 4 tenancy as this can be terminated in the first 6 months without giving a reason.
Further Part 4 tenancies
Where a tenancy continues to the end of the 4 years of the part 4 tenancy and neither party serves notice of termination then a further Part 4 tenancy will arise and will last for 4 more years.
Multiple Occupants
Security of tenure applies to any premises occupied by multiple tenants from the earliest date at which any of them has 6 months occupation clocked up.
Contracting out
You can not contract out of Part 4 of the act which means no matter what you want to agree with the tenant he has his statutory entitlement to a Part 4 tenancy.
Notices
Notice must be served to terminate in all cases. The periods are different for tenants and landlords.
Termination notice
This must
Be written
Signed by the landlord/tenant
Specify the date of service
If the tenancy is for more than 6 months state the reason
The date of termination
Notice Periods
Where the landlord wants to terminate where the tenant is in breach the period depends on the default-anti social behaviour requires only 7 days notice.
For any other reason the period is 28 days and if it is non payment of rent then the landlord must first notify the tenant in writing that the rent is overdue. He must wait 14 days and then serve the notice of termination of 28 days.
Termination by landlord
Length of tenancy Notice period
Less than 6 months 28 days
>6 months and <12 months 35 days Between 1 and 2 years 42 days Termination by tenant Length of tenancy Notice period Less than 6 months 28 days >6 months and <12 months 35 days
Between 1 and 2 years 42 days
Time limit for disputing a notice of termination
Must be referred to PRTB within 28 days of receipt of the notice.
Residential Letting Agreement Template
