Latest Advice & Information

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.

RTB Guidelines for good practice on the substantial change exemption in Rent Pressure Zones (3)

Clarification around substantial change in the nature of accommodation was issued by RTB

 

Current Rent Pressure Zones – April 2018 

  1. Cobh
  2. Maynooth
  3. Ballincollig – Carrigaline, Co. Cork
  4. Galway City Central
  5. Galway City East
  6. Galway City West
  7. Celbridge – Leixlip, Co. Kildare
  8. Naas, Co. Kildare
  9. Kildare – Newbridge
  10. Ashbourne, Co. Meath
  11. Laytown – Bettystown, Co. Meath
  12. Rathoath, Co. Meath
  13. Bray, Co. Wicklow
  14. Wicklow, Co. Wicklow
  15. Dublin City Council
  16. South Dublin County Council
  17. Dun Laoghaire/ Rathdown County Council
  18. Fingal County Council
  19. Cork City Council
  20. Greystones, Wicklow County Council
  21. 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.

Housing (Standards for Rented Houses) Regulations 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;

  1. Rent Predictability Measures
  2. 4 year tenancies to be replaced by 6 year tenancies
  3. Quarterly publication of Dispute Resolution Timelines.

The remaining amendments come into force by commencement orders January 2017.

More information 

 

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

 

Free Mediation

  • 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.