For a landlord who is renting out a residential home or an individual who is contemplating moving into the residential rental sector, it is is important that they are aware of their rights and duties. The same applies to tenants and would be tenants.
The 2004 Residential Tenancies Act sets out the rights and duties of landlords and tenants in Ireland
Landlords must:
1) provide contact details
2) give the tenant peaceful and exclusive occupation of the premises
3) carry out any repairs necessary
4) insure the premises
5) refund any deposit promptly
6) not penalise tenants if they resort to action to enforce their rights
Tenants must:
1) pay the rent
2) make good any damage other than normal wear & tear
3) notify the landlord of any repairs needed
4) allow the landlord access for repairs and routine inspections
5) not to alter or sublet house without the landlords permission
6) inform the landlord of who the occupants are
7) avoid anti-social behaviour and not act in a way that would invalidate the landlords insurance
The rent can only be reviewed once a year and must not be greater than the open market rate unless there has been a substantial change to the property.
The tenant is entitled to 28 days notice of any change in the rental payment
The 2004 Act also specifies the length of notice required to be given by either party on terminating the lease subject to the terms in the letting agreement:
Notice Period |
Duration of Tenancy |
| 28 days | Less than 6 months |
| 35 days | 6 months or more but less than 1 year |
| 42 days | 1 year or more but less than 2 years |
| 56 days | 2 years or more but less than 3 years |
| 84 days | 3 years or more but less than 4 years |
| 112 days | 4 or more years |
To settle disputes between landlords and tenants, either party can avail of the PRTB’s dispute resolution service . If this service is availed off, a fee will be charged, but legal representation should not be needed. The PRTB may award damages of up to €20,000 for any breaches in the 2004 Act.
For more information or application forms for the PTRB dispute resolution service or on the above information, visit prtb.ie