RTB

22nd February 2017

Rent increase calculator now available on RTB Website  Link

Rosalind Carroll, Director RTB addressing IPOA Members  in the Red Cow Moran Hotel on 22nd February 2017.

Rosalind Carroll Director RTB addressing IPOA Members 22/2/17

27th January 2017

New Rental Zone Designated Areas effective from the 27th January 2017

1. Ballincollig-Carrigaline, Co Cork
2. Galway City Central
3. Galway City East
4. Galway City West
5. Celbridge-Leixlip, Co Kildare
6. Naas, Co Kildare
7. Kildare-Newbridge
8. Ashbourne Co Meath
9. Laytown-Bettystown, Co Meath
10. Ratoath, Co Meath
11. Bray , Co Wicklow
12. Wicklow, Co Wicklow

Maps have been issued to clarify the zones and can be accesses RPZs_All Maps_26 January 2017

Update 18th January 2017

2016 Act Amendment to Residential Tenancies 2004 Act     Commencement Date
Section 33 New landlord obligation under Section 12 of the 2004 Act – the requirement for a landlord of a tenancy in a rent pressure zone, which commences on or after 24 December 2016, to inform the tenant in writing of the amount and date the rent was last set under a tenancy for the dwelling and how the rent was set having regard to section 19(4) and the new rent predictability formula          24 December 2016
Section 34 New Section 19(4) – rent predictability formula         24 December 2016
Section 35 Amendment to section 22 (Rent Review Notice) and the requirement to state the new rent and how the rent was set having regard to section 19(4) and the new rent predictability formula         24 December 2016
Section 36 New Section 24A, 24B and 24C in respect of Rent Pressure Zones         24 December 2016
Section 37 Extension of Part 4 tenancy cycle from 4 years to 6 six years         24 December 2016
Section 38 Amendment to Section 34, with cross reference to the new Section 35A         17 January 2017
Section 39 Amendment to Section 35(8) in respect of certain information to accompany a Notice of Termination where a landlord relies on the intention to sell ground when terminating under section 34.  This amendment reflects the requirement to furnish a tailored Statutory Declaration to accompany a notice of termination where 10 or more dwellings in a development, which are the subject of tenancies, are being terminated.         17 January 2017
Section 40 New Section 35A – restriction on terminating certain tenancies (10 or more units in a development).  Where a landlord is seeking to sell 10 or more units within a single development in a period of six months, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances (which must be reflected in the statutory declaration)         17 January 2017
Section 41 Repeal of Section 42 – abolition on terminating in first six months of Further Part 4 tenancy for no stated ground     17 January 2017
Section 42 Amendment to Section 62 to reflect the changes to terminating in the first six months of a Further Part 4 tenancy     17 January 2017
Section 43 Amendment to Section 100 – reducing the time period for appeals to a Tribunal of the RTB from 21 days to 10 working days     17 January 2017
Section 46 Insertion of a new Section 114A relating to the quarterly publication of certain statistics by the RTB     24 December 2016
Section 47 Amendment to Section 115 and redress that may be granted in a Determination Order to reflect changes to rent reviews in a Rent Pressure Zone     24 December 2016
Section 50 Amendment to Section 151 and additional functions of the RTB in respect of making reports to the Minister on rent pressure zones and the publication of certain statistics by the RTB on a quarterly basis     24 December 2016
Schedule – Part 1 Consequential amendments to reflect changes to Part 4 and six year tenancy cycles       17 January 2017
Schedule – Part 2 Consequential amendments to reflect changes arising from the repeal of Section 42 and the abolition on terminating in the first six months of a Further Part 4 tenancy for no stated ground       17 January 2017

 13th December 2017

Guidance notes on recent legislative changes attached 2017-1-13 Guidance Notes on Legislative Changes

23rd December 2016

The President signed the Planning and Development (Housing) and Residential Tenancies Bill 2016 on the 23rd December, as of midnight on the 23rd a number of 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 will come into force by commencement orders after Christmas.

More information

 

9th May 2016

Changes have been made to Notices.  Rent increases notices have become more complex.

Terminating Tenancies – additional requirements

Amendments Sections 34 and 35  as detailed below:
(i) Insufficient Bedspaces – a written statement must accompany the Notice of Termination specifying the bed spaces in the dwelling and setting out grounds as to why the dwelling is no longer suitable having regard to the bed spaces and the size and composition of the occupying household.
(ii) Selling within 3 months of the termination of the tenancy – the three month period must be set out in the Notice and the Notice must be accompanied by a Statutory Declaration confirming this intention. The Statutory Declaration must contain a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.
(iii) Property needed  for own or family use – the Notice must be accompanied by a Statutory Declaration confirming the intended occupant’s identity and (if not the landlord) their relationship to the landlord and the expected duration of that occupation. The statutory declaration must also confirm that the landlord is required to offer a tenancy to the tenant if the contact details under Section 35 of the Act are provided and the dwelling is vacated within a period of 6 months from the termination date (or if there is a dispute, within 6 months of the final determination of the dispute), and the tenancy has not otherwise been validly terminated by virtue of grounds 1, 2, 3, or 6 of the Table to Section 34.
(iv) Substantially refurbishment or renovation reason – a written statement must accompany the Notice of Termination specifying the nature of the intended works to be carried out and where planning permission is required a copy is to be provided. Where not planning permission is required the statement must set out the name of the contractor (if any), the dates on which the works are to be carried out and the proposed duration of those works. The statement must also confirm that the landlord is required to offer a tenancy to the tenant if the contact details under Section 35 of the Act are provided and the dwelling is vacated within a period of 6 months from the termination date (or if there is a dispute, within 6 months of the final determination of the dispute), and the tenancy has not otherwise been validly terminated by virtue of grounds 1, 2, 3, or 6 of the Table to Section 34.
(v) Change of Use reason – a statement must accompany the notice of termination specifying the nature of the intended use and where planning permission is required to provide a copy of the permission. The statement must provide details of the works to be carried out, identify the contractor, if any, and the dates and expected duration of the works.
(vi) Breach of Obligations reason – one of the parties has failed to comply with their obligations, they must first be notified of the breach and given an opportunity to remedy it.

Rent Reviews
Parts of  Section 26 of the Residential Tenancies (Amendment) Act 2015 are to be enacted,  26(1)(a)(ii) & (iii), 26(1)(b)
The rent review notice is required to comply with;-
• State the amount of new rent and the date from which is to have effect.
•  Include a statement that a dispute in relation to the setting of the rent must be referred to the Residential Tenancies Board before the date stated in the notice as the date from which the new rent is to have effect or the expiry of 28 days from the receipt by the tenant of that notice, which ever is later.
• Include a statement by the landlord that it is their opinion that the new rent is not greater than market rent having regard to –
o The other terms of the tenancy
o Letting values of dwellings of a similar size, type and character and situated in a comparable area
• Specify the rent amount for three comparable dwellings of a similar size, type and character and situated in a comparable area
•State the date on which the notice is signed
• Signed by the landlord or his/her authorised agent

3. Anti-Social Behaviour
Section 36 which amends section 77 of the principle act.
A third party may refer a case to the RTB in relation to anti-social behaviour where the following conditions are met:
 The third party are or were directly and adversely affected by the landlords failure to enforce their tenants obligations in relation to anti –social behaviour
 The third party took all reasonable steps to resolve the matter by
o Communicating or attempting to communicate with the landlord or former landlord or
o Requesting one of the following to communicate with the landlord or former landlord on their behalf
 An owners’ management company in a multi-unit development
 A body corporate
 A body of persons who have as one of their principle objectives the promotion of the safety and security of the dwellings and the persons residing in the vicinity of the dwelling containing the tenancy concerned, such as a residents association or a neighbourhood watch group.

Update 7th April 2016

Approved Housing Bodies (AHB) (include Housing Associations and Co-operatives) are now under the remit of the Residential Tenancies Board.  The name changed because they no longer deal solely with private rented tenancies.

Update 1st March 2016 

More Amendments Commenced

The main ones include
• The 2 step notice of termination for rent arrears;
• An award of costs not to exceed €1,000;
• The option to refuse jurisdiction on “frivolous” grounds;
• 10 day cooling-off period for agreements reached at mediation and adjudication and insertion of a new Section 96 (procedures to follow after mediation);
• Allowing, on application, a reduction in the Tribunal hearing notification period where a party indicates there is financial or other hardship;
• Board membership at a maximum of 12;
• Quorum for Board meetings reduced to 4;
• Separation of governance and dispute resolution function of the Board and DRC (excluding the Chairperson);
• DRC shall now consist of 45 members, including the Chairperson;
• Legal costs, expenses and other professional costs shall not exceed €5,000;
• The awarding of costs in the PRTB’s favour under Section 115(2)(i) and Section 190(2)(b) has been repealed;
• Section 126 has been repealed – criminal sanction in respect of a failure to comply with a DO;
• Section 88 is amended providing the Board will discretion to extend time to permit an Appeal under Section 100 on receipt of good grounds for financial or other hardship

Update 2016-1-18 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.

Update 16th December 2015  Rent Increase 

Rent Increases can only be every 24 months for the next 4 years and the notice period of the rent increase has changed from 28 days to 90 days; give a few days more to be sure of compliance.

There is no change to the mechanism for setting/reviewing rents as yet. The new requirements in relation to the similar properties etc. are expected to commence in the first quarter of 2016.

The new requirements include:-
 Amount of new rent and date of effect.
 Statement that a dispute on rent can be referred to PRTB by the date of effect or 28 days from receipt.
 Include a statement as to why it is not greater than market rent with regard to
• a) terms of tenancy
• b) letting value of similar size, type and character
• ii) comparable area
 Specify the rent sought for 3 similar dwellings advertised in the previous 4 weeks
 Be signed by the landlord / agent

 

Notice of Termination Periods

The notice of Termination periods   as of the 4th December 2015 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

 

10th November 2015  The Government have announced new measures for the Private Rental Sector.  The unwarranted interference in the private rental market will cause long term damage to the sector.  More details can be found here Stabilising Rents Boosting Supply

 

Report on the Future of the Private Rental Sector

This report was prepared for the Housing agency on behalf of the PRTB in September 2014, and deals with the difficulties facing both landlords and tenants in the sector. An extensive number of suggested recommendations are included in the report and it can be read on Link to the report.

Report on Rent Stability in the Private Rented Sector

The report was prepared for the Housing agency on behalf of the PRTB, and addresses areas such as rent stability, rent supplement, taxation, and rent regulation. It is a lengthy and detailed report but does not recommend Rent Control. This report is available on the PRTB website at www.prtb.ie/media-research/news-centre/future-of-the-private-rented-sector-in-ireland-published

Below is an excerpt from the summary of the report.

“The private rented sector has experienced significant growth in the past number of years with one in five households now renting in the private rented sector. However, recent trends indicate that the sector is becoming increasingly constrained, as evidenced by trends in rising rents, which in turn are impacting on affordability, particularly in Dublin. The mortgage arrears problem is one of the biggest remaining challenges from the financial crisis, particularly for the BTL sector which continues to show an escalation of the number of arrears cases and currently lacks any resolution strategy. While the impact of rent regulation is uncertain, given where the Irish housing market is at present, the introduction of rent regulations in Ireland is likely to exacerbate the current problems being experienced in the market.

Survey of Rental Sector

The private rental sector is to be surveyed. The survey has been commissioned by the PRTB following a request from Jan O’Sullivan, Minister for State for Housing. It is required to help formulate the Government’s Social Housing Strategy, which is expected in the autumn. The Board’s report to Government will also seek to profile property owners and tenants, with research being carried out by DKM Economic Consultants, the ESRI, Red C Research and Marketing, and Ronan Daly Jermyn Solicitors. Elements of the research will include rental property in mortgage arrears, and the increasing role of the sector in the provision of State supported accommodation (Rent Supplement and the Rental Accommodation Scheme), the social rented sector, and the new Housing Assistance Payment (HAP) scheme. The impact of changes in regulations regarding accommodation standards, including the outlawing of traditional bedsits last year, will be a further element. An assessment of the likely future of the sector will form part of the study and will look at best practice abroad, including how to ensure a supply of “affordable rented accommodation into the future, particularly in high demand areas”. In this context, the operation of the private rented sector in other countries (e.g. Germany, Belgium, Holland, Sweden, Switzerland, France, the UK or the US) will be examined.

The IPOA have met with DKM and the ESRI as part of the research and discussed the problems faced by landlords. The unfair taxation treatment and problems with the Residential Tenancies Act were outlined. It is essential that the tenancies of anti-social tenants and non-paying tenants can be terminated efficiently and quickly to protect both landlords and tenants. The legislation needs amendment to be effective and the PRTB needs to be adequately resourced with sufficient staff to avoid needless delays.

PRTB ADDRESS – CITY CENTRE

The Private Residential Tenancies Board are located in Dublin city centre.

Floor 2,
O’Connell Bridge House,
D’Olier Street,
Dublin 2.

01-6350600
Registration Queries 081-8303037
Enforcement Queries 081-8303038

Registrations are out-sourced to Cork.

Residential Tenancies (Amendment) (No 2) Bill 2012

The Minister for Housing and Planning, Jan O’Sullivan T.D., published the Residential Tenancies (Amendment)(No. 2) Bill 2012 which will see:

Those tenancies in the voluntary and cooperative housing sector that most closely parallel private rented tenancies being regulated under the Act.  The agency responsible for regulation of the tenant-landlord relationship, the Private Residential Tenancies Board (PRTB), being re-named as the Residential Tenancies Board (RTB).  Formal effect given to the merger of the Rent Tribunal with the Residential Tenancies Board.  A reduction in the size of the Board, from 15 to 12 members.
Measures to increase the take-up of mediation as a key dispute resolution mechanism.
Amendments to the Residential Tenancies Act 2012 have been long waited by the private rental sector and the IPOA have been lobbying for amendments since 2004.

The Programme for Government commits to the creation of a deposit protection scheme to address the issue of illegal retention of tenants’ deposits. A Custodial Deposit Protection Scheme is currently being drafted.

The Minister is also determined to address the issue of non-payment of rent by tenants who remain in situ and she confirmed that an amendment to address the matter is currently being drafted and will be ready in time for consideration when the Bill is presented to the Oireachtas.

The Bill will now go before the Dáil and Seanad, commencing in Autumn 2012, and can be downloaded here.

Rent Arrears Update – What to do

Members feedback indicates that there is a growing level of rent arrears being experienced by landlords. It should be noted that when bringing a case for rent arrears on part 4 tenancies (or further part 4 tenancies), the following steps should be adhered to:

2 Steps are required to Terminate a Tenancy for Rent arrears

1. Issue the notice for non-payment of rent, 14 day notice.            A notification in writing should be made to the defaulting tenant advising them that they are in rent arrears in the sum of (amount outstanding) and further advising that in the event of the arrears not being brought up to date within 14 days the tenancy will be terminated.   

2. Serve a notice of termination for rent arrears

Ensure that you keep identical copies of each notice for your records – you may need them if a case has to be taken to the RTB.  Termination of Tenancy for Rent Arrears after 2016-3-1

If you have any queries or need copies of the letter or notice of termination please contact the office.


RENT TRIBUNAL

The secretariat and administrative functions are carried out by the RTB.

The Rent Tribunal, established in August 1983, was set up to fix the terms of tenancy including the rent of the dwellings formally controlled under the Rent Restrictions Acts 1960-1981. The Tribunal may determine new cases or may review cases previously determined by the District court or by the Tribunal itself. The Tribunal determines applications on the basis of written submissions made and can include oral hearings.