Proposed changes to the Residential Tenancies Act – April 2017
- Criminal Offence
It would become a criminal offence for landlords to increase rents in rent pressure zones above the four per cent allowed annually. The level of fines that can be imposed on landlords would also increase.
- Changes to notice periods
For those with tenancies of six months or less, the notice period will remain at 28 days. For tenancies between six months and a year, the notice period will increase from 35 days to 90 days. It will rise to 120 days for all tenancies between one and five years.
- Rent transparency
The average rent paid in certain areas published on a register by the Residential Tenancies Board (RTB)
- RTB Powers
Changes would increase the powers of the RTB to investigate cases , as it stands a case must be taken to the RTB before any action can be taken.
Determination Orders – 26th February 2018
From the 26th February 2018, the enforcement of RTB Determination Orders will move from the Circuit Court to the District Court. As there are more District Courts nationwide which sit more often than the Circuit Court, this will provide for quicker access to the Courts at a significantly reduced cost.
A guide to the taking enforcement proceedings can be found here
Substantial Change – 23rd November 2017
The RTB have issued clarification on the meaning of substantial change in the nature of accommodation, in the exemption under the Rent Pressure Measures.
Current Rent Pressure Zones – April 2018
- Ballincollig – Carrigaline, Co. Cork
- Galway City Central
- Galway City East
- Galway City West
- Celbridge – Leixlip, Co. Kildare
- Naas, Co. Kildare
- Kildare – Newbridge
- Ashbourne, Co. Meath
- Laytown – Bettystown, Co. Meath
- Rathoath, Co. Meath
- Bray, Co. Wicklow
- Wicklow, Co. Wicklow
- Dublin City Council
- South Dublin County Council
- Dun Laoghaire/ Rathdown County Council
- Fingal County Council
- Cork City Council
- Greystones, Wicklow County Council
- Drogheda, Louth County Council
Click here for information on the RTB Website
RTB Rent Calculator
RTB have developed a rent increase calculator – for use click here
Minister Murphy’s announcement – September 2017
Link to Ministers Murphy’s outline
- New licensing system to properly regulate this relatively new “home-sharing” market.
- RTB to be given the powers and resources to take on a regulatory responsibility in the rental sector.
- An offence to implement rent increases that contravene the law and the RTB will be given the powers to investigate and prosecute landlords who implement such increases.
- RTB will move towards annual registration, rather than one-off registration when a tenancy is registered-
- Introduce legislation to allow those currently charging abnormally low rents and who have been caught by the RPZ laws, an increase that is greater than the 4% and that takes into account the level of rent they are currently charging.
- Deposit Protection Scheme will be established, operated by the Residential Tenancies Board, to handle deposits, the RTB will be able to define a deposit at one month’s rent.
- Landlords required to notify the RTB when they issue a notice of termination.
- Receivers to fulfil landlord’s obligations under legislation
Housing Standards – January 2017
New Regulations entitled the Housing (Standards for Rented Houses) Regulations 2017 (S.I. 17/2017) came into force on the 1st of July 2017.
The main provisions are contained in those provisions dealing with structural condition, heating facilities and fire safety, – Articles 4, 7 and 10.
• Article 4 amends the regulations to include the provision:
Where a window which has an opening section through which a person may fall and the bottom of the opening section is more than 1400mm above the external ground level, suitable safety restrictors shall be fitted.
• Article 6 provides that:
All bathrooms and shower rooms must have adequate heating, the revised regulations also make a provision for the detection and alarm of carbon monoxide and that all heating appliances shall be maintained in a safe condition and in good working order and repair.
• Article 10 has been reworded in order to avoid confusion around the need for interconnecting alarms and regulations covering common areas.
Notice of Termination Periods
The current notice of Termination periods are outlined in the table below:-
Duration of Tenancy Landlord Number of Days Tenant Number of Days
Less than 6 months 28 28
6 months or more but less than a year 35 35
1 year or more but less than 2 years 42 42
2 years or more but less than 3 years 56 56
3 years or more but less than 4 years 84 56
4 years or more but less than 5 years 112 84
5 years or more but less than 6 years 140 84
6 years or more but less than 7 years 168 84
7 years or more but less than 8 years 196 84
8 years or more 224 112
Residential Tenancies Act – Changes
Guidance notes on recent legislative changes attached 2017-1-13 Guidance Notes on Legislative Changes
Planning and Development (Housing) and Residential Tenancies Bill 2016
Signed on the 23rd December, new provisions commence;
- Rent Predictability Measures
- 4 year tenancies to be replaced by 6 year tenancies
- Quarterly publication of Dispute Resolution Timelines.
The remaining amendments come into force by commencement orders January 2017.
Action Plan for Housing and Homelessness
Issued in July 2016 the plan can be viewed Rebuilding Ireland_Action Plan for Housing Homelessness.
Licensing of Property Service Providers
The Property Services Regulatory Authority was established on a statutory basis on 3 April 2012. One of the main functions of the Authority is the licensing of Property Services Providers.
A person does not need a licence from this Authority to let or sell their own property/land. Not requiring to be licensed extends to partners where a partnership is involved, and to the Directors of company where a company is involved. Employees of a partnership or company would require to be licensed if they let the property.
A Guide to Licensing is available on PSRA website www.npsra.ie
It is vitally important that people are aware of their responsibility when letting property, and if in doubt contact the PSRA
- Section 42 PRTB Mediation Service for disputes between landlords and tenants is free.
- Section 30 (minor omission) in a Notice of Termination applies to notice served after this period.
From 1st January 2016 a landlord cannot discriminate against a person in receipt of rent supplement, housing assistance or any payment under the Social Welfare Acts.