Equal Status Legislation & The Private Rented Sector

The provision of private rented accommodation is considered a service under the Equal Status Acts 2000-2015. This Act prohibits discrimination, directly or indirectly. It applies to lettings and accommodation. Landlords or those acting on their behalf such as Agents cannot discriminate against potential tenants. Please Click HERE for the Equal Status Acts 2000-2015. Grounds for Discrimination There are 9 protected grounds outlined below in which you cannot discriminate: Gender Civil Status Family status (for example being pregnant, parent of child under 18, parent or carer of person over 18 that has a disability) Sexual orientation Religion Age Race Membership of the
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Categories: Landlord Legislation and Property Management.

Landlord Query Of The Week: RPZ Exemption – 2 Year Vacant – Covid-19?

26th May 2020 Question: There has been no tenancy in my property since January 2017, the property is in a rent pressure zone. I now wish to re-let the property. I understand that as there has been no tenancy for the immediate past 2 years I can set the rent at market rate. Does the emergency legislation now in place have any impact on this?   Response: With regards to the following RPZ Exemption: no tenancy existed in respect of the dwelling during the two years immediately prior to this current tenancy beginning We have referred to the RTB and understand that
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Categories: Landlord Query of the Week and Uncategorized.

Understanding Your Tenancy

What Is A Tenancy? A tenancy is a legal interest in land/property for a period of time. A tenancy agreement is the contract between the Landlord and the Tenant. The Residential Tenancies Act 2004 as amended defines a tenancy as follows: – “tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated.” What Is The Duration Of A Tenancy? A tenancy under the Act is for a four-year period or a six-year period.
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Categories: Property Management.

Anti-Social Behaviour – What Can I Do During The Covid-19 Emergency Period?

18th May 2020 Question: My tenant is engaging in persistent anti-social behaviour, I have received numerous complaints from the neighbours about continuous noise disturbance and threatening abusive behaviour, I understand this to be on a weekly basis. I have a duty to the neighbours – what can I do during the emergency period, am I allowed to serve a notice of termination? Response: No, no notices of termination can be served during the emergency period; however, tenants must continue to pay rent and observe the other normal terms and conditions of their lease. A landlord owes to each person who
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Categories: Landlord Query of the Week and Uncategorized.

Surplus Of Properties Will Be Shortlived – Long Term Supply Is Still An Issue

The Daft report released today outlined information on the rental market for the first quarter of 2020, it also included some information on the situation that has developed since the Covid-19 Emergency. IPOA’s view is that the effects of the current Covid-19 situation is unlikely to change any of the long-term housing needs. While the immediate indication might be a lowering of rents, there is a continued danger of private landlords leaving the sector and in the long term we will continue to see a shortage of rental properties. Landlords and tenants are now facing challenging and problematic situations. Foreign
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Categories: News and Uncategorized.

IPOA Practical Guide to Assignment

Important to Note A tenant must get the landlords written permission to assign a tenancy. A landlord does not have to give permission for an assignment.   Understanding Assignments Assignment is where a tenant transfers their entire interest in a tenancy to a third party.  The original tenant then ceases to have any interest or involvement in the tenancy and the assignee becomes the tenant who now deals directly with the landlord and is responsible for the tenancy. When does an Assignment Happen? It can occur when a tenant in a fixed term tenancy wants to relinquish and leave the
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Categories: Property Management and Uncategorized.

New Tenancy; New Rent – Covid-19

7th May 2020 Question: (a) My Tenants have vacated my property and I am putting the property back up for rent.  The property is outside an RPZ.  Does the emergency legislation prevent me from charging market rent to the new tenant? (b) I have tenants who have left a property, the property is in a Rent Pressure Zone. Can the 4% be applied as per the formula increasing the rent for the new tenants? Response: We have received guidance from the RTB, we understand that any rent set in respect of a new tenancy may, in accordance with the Residential
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Categories: Landlord Query of the Week and Uncategorized.