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Tenant Info
How easily a landlord in Ireland can evict a tenant depends on the type of tenancy
the tenant has. Information on your rights and the correct procedure that must be
followed.
We would also like to assure you that our Agents are available from your first viewing
to the time you take up residence, as part of our professional personal service.
Our database system holds over 500 properties, with 100 available for immediate
occupation, ranging from a 1 bedroom apartment to a 6 bedroom corporate, detached
residence. We have city centre, suburban properties available to suit all budgets
from €450 to €2500 per calendar month. We would welcome your initial contact,
with guidelines on your requirements i.e. location, budget, property size and any
special needs you may have. Our staff will be on hand to give you information on
available properties, which match your criteria.
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Frequently asked questions.
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General Information about working in reland
The Irish economy has grown massively over the past decade and whilst currently
the economy faces a number of challenges there are still a lot of employment opportunities
in Ireland. The job market in Ireland is open to everyone with permission to work
in Ireland. Therefore you will often work with people from other countries as well.
For almost every job you need to speak English fluently. English language courses
are available in most major cities. In Dublin you will pay about 700 Euros for a
four weeks course. Because Ireland is part of the EU, EU citizens can live and work
in Ireland without any work permit. Persons who come from outside EU will need a
work permit or a Green Card to take up employment. The Irish work permit is an employment
permit which is issued by the Irish government for employees who are not entitled
to apply under the Green Card Scheme and earn less than 30,00 euros per annum. It
is valid for an initial period of two years and must then be renewed for a further
three years but after it can be issued indefinitely. The Green Card permit replaces
the work visa scheme and is for jobs with salaries over 60,000 Euro. It is valid
for an initial period of two years and will normally be renewed indefinitely after
that time. The Green Card permit is also available for people with salaries between
30,000 and 60,000 Euro where they have specific occupations.
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Finding a job in Ireland
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PPS Number – Personal Public Service Number
* What is a PPS-Number?
A PPS-Number is the Personal Public Service Number is your unique reference number
and will help you to access benefits and information from public service agencies
(Social Welfare, Revenue, Public Healthcare and Education) more quickly and easily.
If you found a job in Ireland, it is necessary to obtain a PPS No as soon as possible.
*Where can I get it?
You can get your PPS No in your Local Office of the Department of Social and Family
affairs. Here is a list of the local offices:
http://www.welfare.ie/topics/ppsn/ppsncontact.html To get a PPS Number you
have to bring your passport and your evidence of address in Ireland. For more information
about the PPS-Number click here:
http://www.welfare.ie/topics/ppsn/index.html
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Opening an Irish Bank Account
To open an Irish Bank account you need a photo ID as well as a utility bill as proof
of residency. If you are living in a hostel or a shared house you need a letter
of your first employer to the bank in which he confirms your address and asks to
open an account for you.
Here is a list of the current Irish Banks with many branches all over Ireland:
o Acc Bank
o Allied Irish Bank
o Bank of Ireland
o First Active
o National Irish Bank
o Permanent TSB Bank
o Ulster Bank
In comparison to other countries, the charges at Irish Banks are quite high and
there are additional Irish government taxes for all bank transactions including
the issue of a bank card. Sometimes there are discounts for students and senior
citizens.
You should consider the number of branches of the Bank when opening an account ant
at which one because most banks insist that you go to the branch where you opened
it when you want to cash foreign checks or similar transactions.
By problems with your bank that cannot be solved you should contact the Financial
Ombudsman (www.financialombudsman.ie).
Maybe they can help but don’t expect much help.
If you want to leave Ireland it is advisable to keep your bank account to pay any
outstanding bills because it is easier to pay them from an Irish Bank Account than
from your home country.
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Taxes in Ireland
If you are living and working in Ireland you have to pay income taxes only on the
income you earned in Ireland. The taxes are given to the Revenue Commissioners,
which is caring about the taxes in Ireland (www.revenue.ie).
The income tax levels in Ireland are amongst the lowest in the world.
Below you can see the individual income tax rates (single) of 2007:
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Tax base (EUR) |
Tax (%) |
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0-34,000 |
20 |
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34,001 and over
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41% on base exceeding 34,000
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Health Insurance
If you are a visitor in Ireland and holding a European Health Insurance Card, you
are entitled to free maintenance and treatment in public beds in Health Service
Executive and voluntary hospitals.
For more information about the European Health Insurance Card click on
http://ec.europa.eu/employment_social/healthcard/index_en.htm
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Living Costs in Ireland
These livings costs are covering the costs as a student and are attended to be an
outline guide. No two people living in the same way so it is impossible to say exactly
what everyone needs to live in Ireland.
Here are some examples of monthly expenditures:
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Accommodation |
€ 500 and more |
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Food |
€250 - €350 |
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Leisure expenses |
€300 |
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Transportation in Dublin |
€73 |
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Heating and lightening |
€54 - €140 |
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There are thousands of new people moving to Ireland every month and that's causing
a shortage of rentals. Do you know what happens when there's a shortage of rental
property? People become prime targets for rental scams.
You see a newspaper or online ad for a rental. You make an appointment to look at
the apartment. You decide to rent it. You make a deposit and get a receipt. A few
days later, you notice someone else living in the apartment. You try to find the
person who took your deposit. The phone has been disconnected. You come to find
out the person who showed you the apartment had no authority to rent it. He simply
rented it for a day , and he cheated you.
In a desirable neighborhood, a con man can take 20 deposits in one day. Think about
that! Ten deposits at €1500 each – that's €3000, a hefty take for
one day's work.
These con men always offer great deals on rent and insist on cash deposits. Beware.
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Frequently asked questions. This section questions asked about renting properties
in Ireland
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Q. Is my landlord registered?
A. Landlords are required by law to register any property that they intend to rent
within four weeks of renting, with the local authority. To check whether your landlord
is registered, ring your local authority and ask to be put through to the Register
of Private Rented Dwellings.
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Q. Can my landlord 'drop-in' whenever he
or she likes?
A: No. The landlord has to notify the tenant when he wishes to call. Minimum notice
period required is 24 hours, unless it's an emergency.
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Q. Can the landlord increase my rent?
A. If you have a periodic tenancy then you have to pay the increase or try to persuade
the landlord not to put the rent up. Legally the landlord can put up the rent as
much and as often as he/she likes as long as you are given a week's notice if you
pay rent weekly, or a month's notice if you pay rent monthly. Unfortunately, you
have no option but to pay the increased rent or find somewhere else to live.
If you have a lease then the landlord cannot increase the rent during the period
of the lease unless it contains a condition that specifically states he may do so.
If you are in this position and the landlord still puts up the rent, you can refuse
to pay the increase. It would be sensible to get legal advice before doing this.
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Q. Where can I get information on tenant
rights?
A. Threshold advice centres and the Threshold website www.threshold.ie. There is
also a new tenancy board that has been set up by the government under The Residential
Tenancy Bill 2003
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Q. Am I entitled to rent relief?
A: If you pay income tax, you may be eligible for tax relief. Contact your local
tax office.
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Q. Can I be evicted at any time?
A. No. The landlord must serve notice to quit in writing, no less than four weeks
in advance. However if you have a fixed term contract and you feel that you have
been unjustly treated you must seek legal advice regarding the impending eviction.
If you are in breach of your contract (e.g.: consistent non payment of late payment
of rent, damage to the property, causing annoyance to neighbours etc.) the landlord
has every right to seek eviction.
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Q. Can I have Pets?
A. If your contract specifically states that pets are not permitted, the answer
is no. However, if this is not the case and you wish to have a pet you must first
consult with the landlord and then your fellow tenants.
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Q. Can I have friends stay over?
A. Yes. But you cannot sublet, unless it is specified in the lease, or allow more
than the specified number of people in the contract to reside in the property over
night for any period of time.
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Q. Who is responsible for repairs?
A. It is best to establish from the outset, when you make the tenancy agreement,
which repairs are the landlord's responsibility and which are your own. Bring any
repairs to your landlord's attention as soon as they arise.
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Q. What is a Managed Property?
A. Property management is normally undertaken by an agent. Features of this service
include rent collection and being the point of contact for any maintenance requirement
that the property requires.
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Tenants know your right when renting in Ireland
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Do you know what type of tenancy you have?
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Periodic tenancy
With this type of tenancy, your landlord can evict you legally at any time without
giving any reason as long as he/she follows the correct procedure.
First, your landlord must serve you with a notice to quit, which must be in writing
and must give you at least four weeks notice.
If you do not leave by the end of the four week period, your landlord cannot throw
you out immediately but must first go to court for an eviction order. However, if
you have no legal reasons for staying in your accommodation, you could end up paying
your landlord's legal costs, which might be very expensive. As long as the correct
procedure has been followed, the court has no discretion over whether to grant your
landlord an eviction order. So, for example, the fact that you have nowhere else
to go cannot stop the court granting your landlord an eviction order.
If your landlord is going to take you to court, you should get advice about your
situation from Threshold, a Citizens Information Centre or a solicitor.
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A Lease
During the period of the lease, you can normally only be evicted if you have broken
a condition of the lease. If you have done this (for example, you haven't paid the
rent) the landlord may be able to evict you if he/she follows the correct procedure.
Your landlord must first serve you with a notice to quit, which must be in writing
and must give you at least four weeks notice.
The landlord can generally only get an eviction order if the court decides that
you have broken a condition of the lease.
If your landlord is going to take you to court, you should get advice about your
situation from Threshold, a Citizens Information Centre or a solicitor.
At the end of the lease, your landlord can evict you legally without giving any
reason, again as long as the correct procedure is followed. The landlord doesn't
have to serve you with a notice to quit since legally the tenancy comes to an end
at the end of the lease. If you do not leave by the end of the four week period,
your landlord cannot throw you out immediately but must first go to court for an
eviction order. However, if you have no legal reasons for staying in your accommodation,
you could end up paying your landlord's legal costs, which might be very expensive.
As long as the correct procedure has been followed, the court has no discretion
over whether to grant your landlord an eviction order. So, for example, the fact
that you have nowhere else to go cannot stop the court granting your landlord an
eviction order.
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Are you eligible for Social Welfare Assistance
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Q. Am I eligible for Social Welfare
Assistance?
A. If you are getting a social welfare or health board payment, you may qualify
for a rent supplement from your local health board.
The amount of rent supplement will be worked out by the health board's Community
Welfare Officer and will generally ensure that your income after paying rent does
not fall below a minimum level. This level is the Supplementary Welfare Allowance
minus 7.62 euro (10 euro for social welfare pensioners).
Rent supplement is paid by a weekly or a monthly cheque, usually in arrears.
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Q. What regulations govern eligibility?
* You are not in full-time education (with some exceptions)
* You are not in full-time employment
* You are not involved in a trade dispute You are a tenant and the accommodation
is suitable to your needs Your income after you have paid your rent is less than
the basic Social Welfare Allowance minus 7.62 euro.
* You have, if required to, applied for local authority housing
* You have not left a local authority home without good reason
* You have not been excluded from a local authority housing list because you refused
to accept a reasonable offer of accommodation
* You have not been refused housing, evicted or excluded by a local authority on
the grounds of anti-social behaviour
* You need accommodation, you cannot afford to pay rent, and the rent is reasonable
compared with similar accommodation in the area.
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Q. How can I appeal decision made by
the health board?
A. If you are not satisfied with a decision made in relation to rent supplement,
first find out why the decision was made by asking the Community Welfare Officer.
If you have any extra documentation to back up your case, give this to the Community
Welfare Officer.
Then talk to the Senior Community Welfare Officer about the decision. He/she can
change the decision if your case deserves it.
If the decision is not changed, then ask for an appeal form. Put in as much detail
as possible and keep photocopies of everything.
If your appeal is not successful, you are entitled to have the appeal referred to
the Chief Appeals Office in the Social Welfare Appeals Office. You can ask for a
face-to-face hearing and you can bring along a representative to help you argue
your case.
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The Act provides for reform of residential landlord and tenant law, based on the
recommendations of the Commission on the Private Rented Residential Sector
Foreword by Minister for Housing and Urban
Renewal
1st September 2004 is “commencement day” for the Residential Tenancies
Act. This will herald a new era for landlords and tenants in Ireland. The full Act
will be implemented in phases over the next few months. The Act provides for reform
of residential landlord and tenant law, based on the recommendations of the Commission
on the Private Rented Residential Sector. This Guide provides a short summary of
some of the main elements of the new legislation. It does not cover all the provisions
of the Act, but it should be helpful in giving tenants, landlords and their representatives
a broad picture of the new legal code. I would urge all concerned to inform themselves
as fully as possible of the new provisions and contact details for further information
are given below. The new legislation will govern the operation of residential tenancies
in the future and will, of course, also need to be reflected in leases and tenancy
agreements. I believe that these reforms will greatly enhance the operation of the
private rented sector and enable it to play an increasingly vibrant role in meeting
a wide range of housing needs.
Noel Ahern, T.D., Minister for Housing and Urban Renewal
Further information
The Act is available online at:
www.oireachtas.ie * Legislation * Acts: 1997 – 2004 * 2004 * 27
of 2004 (Residential Tenancies Act 2004 – PDF document)
Copies of the Act can be purchased directly from:
Government Publications Sales Office, Sun Alliance House,
Molesworth Street, Dublin 2
Or by mail order from
Government Publications, Trade Section, 51 St. Stephen’s
Green, Dublin 2 Tel: 01 6476834
Further information can be obtained from:
Private Residential Tenancies Board Tel: 01 8882960
Canal House, Canal Road, Ranelagh, Dublin 6.
Email: Tenancies_Board@environ.ie (case sensitive)
Scope (Part 1)
The Act applies to the mainstream private rented sector so it does not apply to:
- owner-occupied accommodation
- social housing
- the formerly rent-controlled sector
- long occupation equity tenancies
- business lettings
- holiday lettings
- "rent a room" or other arrangements whereby the landlord also resides in the dwelling
However, it will apply to rented dwellings where the landlord’s
spouse, child or parent is a resident and a lease or written tenancy agreement has
been signed. The security of tenure provisions do not apply to employment-related
and ‘section 50’ student accommodation.
Tenancy Obligations (Part 2)
Tenants must:
- pay the rent and any other specified charges,
- avoid causing or make good any damage beyond normal wear and tear,
- notify the landlord of any repair requirements,
- allow access for repairs to be carried out and by appointment for routine inspections,
- keep the landlord informed of the identity of the occupants
- not engage in or allow anti-social behaviour
- not act, or allow visitors to act in a way that would invalidate the landlord’s
insurance,
- not cause the landlord to be in breach of statutory obligations,
- not alter, improve, assign, sub-let or change the use of the dwelling without written
consent from the landlord.
Landlords must:
- allow the tenant to enjoy peaceful and exclusive occupation,
- carry out repairs, subject to tenant liability for damage beyond normal wear and
tear
- insure the dwelling, subject to the insurance being available at a reasonable cost
- provide a point of contact,
- promptly refund deposits unless rent is owing or there is damage beyond normal wear
and tear
- reimburse tenants for expenditure on repairs that were appropriate to the landlord
- enforce tenant obligations
- not penalise tenants for making complaints or taking action to enforce their rights.
These respective obligations must be adhered to whether or not there is a lease
or written agreement - landlords and tenants cannot contract out of them. Additional
obligations, however, can be included in a lease. If the landlord does not enforce
the tenant’s obligations, any other person who is adversely affected as a
result can bring a complaint to the Private Residential Tenancies Board (PTRB) about
the failure. Prohibited anti-social behaviour includes behaviour that interferes
with other people’s peaceful occupation as well as more serious behaviour
that causes fear, danger, injury, damage or loss. .
Rents (Part 3)
Rent may not be greater than the open market rate and may be reviewed (upward or
downward) once a year only unless there has been a substantial change in the nature
of the accommodation that warrants a review. Tenants are to be given 28 days notice
of new rents. Tenants may ask their landlord to review the rent if they feel it
exceeds the market rate for the property - if more than a year has elapsed since
the last rent review, tenants may seek a review. Disputes about any aspect of rent
may be referred to the PTRB.
Security of Tenure (Part 4)
Security of tenure is based on 4-year cycles from the date Part 4 of the Act comes
into force (i.e. 1st September 2004). The landlord can terminate without specifying
grounds during the first 6 months, but once a tenancy has lasted 6 months, the landlord
will be able to terminate that tenancy (known as a "Part 4 tenancy") during the
following 3½ years only if any of the following apply:
- the tenant does not comply with the obligations of the tenancy
- the dwelling is no longer suited to the occupants accommodation needs (e.g. overcrowded)
- the landlord intends to sell the dwelling in the next 3 months
- the landlord requires the dwelling for own or family member occupation
- the landlord intends to refurbish the dwelling
- the landlord intends to change the business use of the dwelling.
The grounds for recovery of possession listed above are subject to certain procedures
to prevent their abuse. At the end of the 4 years, a new tenancy will commence and
the cycle begins again on the same basis as outlined above. The following are other
key features of Part 4 tenancies:
- Tenants may opt to continue in occupation after a fixed term tenancy that has lasted
6 months or more expires, but they must notify the landlord of an intention to remain,
between one and three months before the fixed term lease is due to expire.
- Where a tenancy is assigned to a new tenant (i.e. transferred with the landlord’s
consent), a new tenancy cycle will commence.
- Where a tenancy is sub-let (i.e. tenant moves out and becomes landlord to a new
sub-tenant with the landlord’s consent), the sub-tenancy will be deemed to
have commenced on the same date as the head-tenancy out of which it was created,
and the cycle will continue. Further detail relating to sub-tenants is contained
in the Schedule to the Act.
- In the case of multiple occupants, the cycle will run with the earliest tenant and
Part 4 protection will, therefore, last less than 4 years for those who join in
at a later stage. Multiple occupant tenancies will continue for the full four years
so long as there is at least one person who is a tenant of the Part 4 tenancy in
occupation (not necessarily one of the original tenants).
- Licensees (i.e. additional occupants brought in by a resident tenant who are not
tenants themselves) may request the landlord to become tenant and the landlord may
not unreasonably withhold written consent.
- The tenant will be free to terminate the tenancy at any time, subject to any fixed
term lease or agreement.
Tenancy Terminations (Part 5)
Tenancies will be terminated by means of a notice of termination, regardless of
why the termination is happening. If the termination is by the landlord and the
tenancy has lasted more than 6 months, one of the 6 reasons on the previous page
must be cited. Tenants do not need to give a reason for terminating. The notice
period to be given depends on the length of the tenancy as follows:
Shorter notice periods apply where termination is for non-compliance with tenancy
obligations (7 days for serious anti-social behaviour, 28 days for other breaches)
and the parties may also agree a shorter notice period at the time of termination
(but not earlier). Longer notice may be given, but not more than 70 days where the
tenancy has lasted less than 6 months.
Duration of Notice by Notice
Tenancy Landlord by Tenant
Less than 6 months – 28 days
6 or more months but less than 1 year – 35 days
1 year or more but less than 2 years – 42 days
2 years or more but less than 3 years – 56 days
3 years or more but less than 4 years – 56 days
4 or more years – 112 days
Where a landlord refuses consent to assign or sub-let a fixed term tenancy, the
tenant may terminate the tenancy before the expiry of the fixed term.
Dispute Resolution (Part 6)
Disputes arising between landlords and tenants are generally to be referred to the
PRTB instead of the courts. Examples of disputes that will be dealt with by the
Board include issues relating to;
deposit refunds, breaches of tenancy obligations, lease terms, termination of tenancies,
market rent, rent arrears, complaints by neighbours regarding tenant behaviour,
etc.
Either the landlord or tenant can initiate the process. The person who initiated
the process will have to pay a fee (to be decided by the PRTB) which will not be
expensive. Legal representation should not be necessary as the dispute resolution
process will operate informally and is intended to minimise expense and stress for
all parties concerned. Cost of legal or other professional representation at PRTB
proceedings will not be awarded except in exceptional circumstances as determined
by the Board.
The dispute resolution process consists of two stages:
- Stage 1: Either mediation or adjudication as chosen by the parties and is confidential
- Stage 2: A public hearing by a three-person Tenancy Tribunal.
A mediated agreement or the decision of an adjudicator or of a Tribunal will result
in a determination order of the Board. A Tribunal decision may be appealed to the
High Court on a point of law only. The enforcement of determination orders of the
Board that are not complied with will be through the Circuit Court. The Board may
award damages of up to 20,000 and arrears of rent of up to 20,000 or twice the annual
rent, whichever is greater (but a maximum of 60,000 applies to rent arrears awards).
Cases involving amounts greater than these will have to be taken through the courts.
The Board will have power to apply to the courts for injunctive type relief in the
case of very serious emergency cases coming before it, e.g. illegal evictions, threat
to life, etc.
Registration of Tenancies (Part 7)
Landlords will have to register details of all their tenancies with the PRTB but
from the commencement of the new registration system will no longer have to register
with local authorities. The Board will use the registration data for its information
provision function and for resolving certain types of disputes.
Registration Procedures
- In future new tenancies will have to be registered within a month, existing tenancies
will have to be registered within 3 months of Part 7 of the Act coming into force
(i.e. by the 1st of December 2004).
- Landlords currently registered with local authorities must re-register with the
PRTB giving details required by the Act but will not have to pay a fee.
- The requirement to register arises only where a new tenancy is created.
- While a revised rent must be updated in the register within a month of taking, that
notification will not require to be accompanied by a fee. Other relevant changes
that occur in the details of the registered tenancy need only be notified as part
of a rent review update.
- Tenants must supply landlords with the information they need to complete the registration
form, including their Personal Public Service Number.
- The registration fee is 70 per unit and a composite fee of 300 is available where
a number of units in the one property are being registered at the same time.
- There are exceptions in certain limited circumstances i.e. 2 fees already paid in
respect of the dwelling within the previous year.
- A double fee applies for late registrations.
- In a case where a tenancy lasts for 4 years, a new registration application and
fee will apply where a further Part 4 tenancy commences immediately afterwards.
- The fees will keep pace with inflation. Other Registration Functions of the PTRB
- The PTRB will exchange data on tenancies with local authorities and the Department
of Social and Family Affairs and will provide particulars to he Revenue Commissioners
as requested.
- The PTRB will rigorously pursue compliance by landlords with the registration requirement.
Failure to do so is an offence and the penalty on conviction is a fine of up to
€3,000 or up to 6 months imprisonment or both.
- Landlords must be registered in order to avail of the PRTB dispute resolution service.
- Tenants will have access to the service irrespective of whether or no the tenancy
is registered.
- When registered, the PTRB will issue the landlord and tenants with a registration
number.
- An extract from the register will be available to the public. It will not contain
information that would disclose the identity of the landlord or tenant or the rent.
Private Residential Tenancies Board (Part
8)
The Private Residential Tenancies Board will be established as a statutory body.
As well as its dispute resolution and tenancy registration functions, the Board
will review the operation of the legislation and provide policy advice, research
and information on the sector. Queries regarding these functions or in relation
to the legislation generally can be addressed to the Private Residential Tenancies
Board (see contact details end of page 1 of guide .
Other Provisions
Long occupation equity leases
The Act provides for the abolition, 5 years after the commencement of Part 4 (i.e.
on 1 September 2009) of the entitlement to apply, for the first time, for a long
occupation equity lease under the 1980 Landlord and Tenant Act. It allows a voluntary
renunciation option in relation to the entitlement during those 5 years. An information
note containing further details regarding the changes in relation to long occupation
equity leases is available on request from the PRTB or from the Department of the
Environment, Heritage and Local Government, Custom House, Dublin 1.
Management of apartment complexes
The Act gives tenants certain rights in relation to management companies of apartment
complexes. Management companies will be identified in tenancy registration details.
Landlords are required to convey tenants’ complaints to the management company,
which must have regard to the complaint and furnish the landlord with a written
statement, which must be forwarded to the tenant, of steps taken to deal with the
complaint. Tenants may request the management company to supply written particulars
of service charges and how they were calculated and the company must comply to the
extent that it would be obliged to comply with such a request from apartment owners.
Anti-social behaviour - local authority powers Local authority powers under the
Housing (Miscellaneous Provisions) Act 1997 to deal with anti-social behaviour in
their estates have been strengthened. Excluding order powers, whereby the District
Court can exclude individuals engaging in anti-social behaviour from social housing
dwellings or areas, have been extended to occupants of tenant-purchased homes (other
than the owner). Existing powers to refuse sale of local authority housing on grounds
of anti-social behaviour have also been applied to sales under affordable housing
and shared ownership schemes.
Penalties
The penalty applicable on conviction for an offence under the Act is a fine of up
to €3,000 or 6 months imprisonment or both and up to 250 per day where the
offence continues after conviction. The fines for conviction of an offence under
the Housing Acts relating to standards or rent books have also been increased to
these levels.
Technical provisions and miscellaneous amendments
Part 9 of the Act contains a number of other ancillary technical provisions and
consequential amendments to specific provisions in housing and landlord and tenant
legislation .
Implications for leases and tenancy agreements generally
The provisions of the legislation will need to be reflected, as appropriate, in
any future tenancy agreements, leases, etc.
Tenancy agreements or leases can provide for matters not dealt with in the Act.
However, in relation to matters that are covered in the Act, a tenancy agreement
or lease cannot take away from rights and obligations provided for in the Act and
if it purports to do so, that provision is rendered void. The landlord or tenant
cannot contract, or be contracted, out of the rights or obligations of the Act.
- The Act allows for leases to provide greater security of tenure for tenants, and
allows leases to specify longer notice-periods. However a lease cannot detract from
the security of tenure measure specified in the Act. A landlord and a tenant can
agree shorter notice periods, but only at the time the tenancy is being terminated.
- The PRTB's function in dealing with disputes relating to tenant or landlord tenancy
obligations also includes obligations of a tenancy agreement or lease not specified
in the Act.
- A tenant’s right to request a rent review annually cannot be contracted out
in a lease.
- Notwithstanding the existence of a fixed term tenancy and despite anything to the
contrary in a lease or tenancy agreement, where a landlord withholds consent to
assignment or sub-letting, the tenant may terminate the tenancy.
Accommodation Standards and Rent Books
Local Authorities continue to have responsibility for the enforcement of the Regulations
under the Housing Acts relating to rent books and standards of private rental accommodation
.
Commencement Schedule
The Act will come into operation on a phased basis, as follows:
1st September 2004: Parts 1, 4, *5, 7, *8 & *9.
November/December 2004: Parts 2, 3 & 6 and remaining
sections
* Other than sections 71, 72, 151(1), 182, 189, 190, 193(a) and (d), and 195 (4)
and (5)
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Find out more about getting rent allowance in Ireland.Download the relevant forms.
If you are living in private rented accommodation in Ireland and receive a social
welfare or Health Services Executive (HSE) payment, you may qualify for a rent supplement
from your local Health Services Executive (HSE).
Rent Supplement is paid to people living in private residential accomodation who
cannot provide for the cost of their accomodation from their own resources. Prior
to 1st February 2005 there was a requirement that applicant had to be renting for
six months in the preceding twelve months to qualify for rent supplement. This requirement
has been discontinued. From 1st February 2005 applicants must currently be renting
accomodation, they must have been able to afford the rent from their own resources
when they started to rent and should have had a reasonable expectation that they
would continue to be able to afford the rent into the future. This provision does
not apply to all applicants. See 'Rules' below for more information on eligibility.
The amount of rent supplement will be calculated by the HSE's Community Welfare
Officer and will generally ensure that your income after paying rent does not fall
below a minimum level. This level is the Supplementary Welfare Allowance minus 13
euro (26 euro for social welfare pensioners aged over 65).
Some income is not taken in account by the Community Welfare Office when calculating
the amount of Rent Supplement you will receive. The following is not taken into
account:
* Family Income Supplement,
* 60 euro of additional income from part-time employment including Community Employment
Schemes. From January 2006, If your earnings from employment are between 60 euros
and 90 euros only half of your earning between 60 euros and 90 euros is taken into
account. For example, if you are earning 90 euros only 15 euros is taken into account.
* 60 euro of additional income from participation in approved training courses,
for example a FAS skills training courses. From January 2006, If your earnings are
between 60 euros and 90 euros only half of your earning between 60 euros and 90
euros is taken into account. For example, if you are earning 90 euros only 15 euros
is taken into account.
* Childcare allowances for participants in approved training courses, for example
FAS skills training courses.
* 120 euro from rehabilitative training or employment if you are in receipt of Disability
Allowance,
* If you are on a One Parent Family Payment, up to 95.23 euro of maintenance payments
can be deemed for rent, half of the amount above this in taken into account as means
and will effect your One Parent Family Payment. The 95.23 euro of maintenance is
taken into account when calculating the rent supplement, but maintenance above 95.23
euro up to a limit of 60 euro can be disregarded for rent supplement,
* Income from employment by a Health Board as a Home Help,
* Living Alone Allowance,
* Over 80 Allowance,
* Domiciliary Care Allowance.
Rent supplement is paid by a weekly or a monthly cheque, usually in arrears
Rental Accomodation Scheme (RAS)
The Rental Accommodation Scheme (RAS) is a new scheme for people who have been receiving
long-term rent supplement (usually for more than 18 months) and who need long-term
housing. The scheme is run by local authorities (all local authorities should implement
the scheme by the end of 2005). Under the scheme local authorities draw up contracts
with landlords to provide housing for people with a long-term housing need for an
agreed term. The local authority pays the rent directly to the landlord (tenants
may continue to contribute to rents but they pay this contribution to the local
authority not to the landlord).
The key elements of the scheme are:
* Local authorities will pay the full rent to the landlord on behalf of the tenant
* Landlords must register tenancies with the Private Residential Tenancies Board
(PRTB) and the tenancies are governed by the Residential Tenancies Act 2004 (pdf).
* The property must meet minimum standards for private rental accommodation.
* Deposits are not required since the local authority has entered into a contract
with the landlord.
The Department of the Environment, Heritage and Local Government has published two
explanatory leaflets; a leaflet on the Rental Accommodation Scheme for tenants (pdf)
and a leaflet on the Rental Accommodation Scheme for landlords (pdf). A general
overview of the scheme is also available.
Rules
You may be eligible for rent supplement if you are:
* assessed by a Housing Authority as having a housing need,
* regarded by a Housing Authority as being homeless,
* a tenant of accommodation provided under one of the Social Housing Schemes,
* over 65,
* on certain disability payments, i.e. Disability Allowance, Invalidity Pension,
Blind Pension and the equivalent payments from other EU countries or countries that
Ireland has a bilateral social security agreement,
* pass a habitual residence test
* and the accommodation is suitable for your needs and the rent is reasonable.
You will not qualify for rent supplement if you are:
* in full time employment (employment for 30 hours per week or more). In the case
of couples, if one of a couple is in full time employment both are excluded from
claiming rent supplement;
* have refused a third offer of local authority accommodation in an 18 month period,
starting from 31 January 2004, you will not be eligible to claim Rent Supplement
for 12 months;
* leaving local authority housing without reasonable cause.
Appealing a decision made by the Health Service Executive (HSE) Area
If you are not satisfied with a decision made in relation to rent supplement, you
should first find out why the decision was made by asking the Community Welfare
Officer. If you have any extra documentation to back up your case, give this to
the Community Welfare Officer.
Then discuss the decision with the Senior Community Welfare Officer. He/she can
change the decision if your case deserves it.
If the decision is not changed, then request an appeal form. Include as much detail
as possible in your appeal and keep photocopies of everything.
If your appeal is unsuccessful, you are entitled to have the appeal referred to
the Chief Appeals Office in the Social Welfare Appeals Office. You may request a
personal hearing and you can bring along a representative to help you argue your
case.
Rates
The amount of rent supplement will be worked out by the HSE's Community Welfare
Officer and will generally ensure that your income, after paying rent, does not
fall below a minimum level. This level is the Supplementary Welfare Allowance minus
13 euro (26 euro for social welfare pensioners). Family Income Supplement is also
disregarded in the standard means test for Rent Supplement.
Health Service Executive Areas set a maximum rent level for each area. This means
that if your actual rent is above this level, you will only get rent supplement
based on the local maximum set by the HSE. If your actual rent is significantly
higher than the local maximum, you may be refused rent supplement entirely.
This information was supplied http://www.oasis.gov.ie/
People receiving social welfare or a Health Services Executive payment may qualify
for rent supplement to ensure that after paying rent their income does not fall
below a minimum level.
Basis of the Relief
If a single person aged 50 pays rent of €4,000 in year 2002, the tax credit
is €254
If a widowed person aged 60 pays rent of €6,000 in year 2002, the tax credit
is €1,016
If a married person aged 40 pays rent of €4,000 in the tax year 2002, the tax
credit is €508
Accommodation to which relief applies
The rent must be paid for private rented accommodation used as a sole or main residence.
This will include rent paid for bedsitters, flats, apartments or houses. It will
not include rent paid:
* To Local Authorities or State Agencies or
* Under a lease agreement for 50 years or more.
To Claim Rent Relief
To claim Rent Relief, simply complete the details overleaf. If you have difficulty
in supplying any of the information requested, contact your tax office. Where rent
relief is based on the amount paid at the time the claim is made, relief will be
given on a provisional basis in your Certificate of Tax Credits and Standard Rate
Cut-Off Point and may be reviewed at the end of the tax year.
Receipt from Landlord
If your Landlord is resident in this country a receipt for rent paid must be provided
if and when it is requested. This will apply regardless of whether the rent is paid
directly to the Landlord or to an Agent on his/her behalf.
Rents, etc. payable to non-resident landlords
If your landlord resides outside the country and you pay the rent directly to him/her
or to his/her bank account either in the State or abroad, you must deduct tax at
the standard rate of tax (currently 20%) from the gross rent payable.
Download an application form
It is essential that someone looking for rented accommodation in Ireland knows where
to look, what questions to ask, and information on your rights. Find out more.
If you will soon be moving from one part of the country or city to another, or have
recently arrived in Ireland, looking for somewhere to live can be challenging. The
volume and range of rental accommodation available in Ireland will normally depend
on the part of the country you are moving to. Larger cities and towns may offer
greater options and price ranges than smaller towns and villages. On the other hand,
rental prices outside larger urban areas are generally lower.
Advertisements, accommodation websites and word of mouth
A good place to start looking for a flat, apartment or house is the accommodation
section of local and evening papers and accommodation websites. Try to buy the paper
as soon as it comes out. Accommodation may also be advertised in shop windows or
notice boards in supermarkets and colleges. Tell everyone you know that you're looking
for a place; word of mouth is surprisingly successful. Some places, especially if
they're being let through an estate agent, will have "To Let" signs outside.
You should make an appointment to see the flat or house and turn up early.
Using accommodation agencies
Accommodation agencies are commercial organisations that may charge a fee for helping
you find private rented accommodation. They normally deal with more expensive accommodation
than newspapers. If they charge a fee, it is normally about 50 euro. Before you
register with the agency and pay a fee, you should get answers to the following
questions:
* Is the agency licensed?
* What services are offered for the fee?
* In what circumstances will you be entitled to a refund?
* how many landlords who accept rent supplements does the agency have on its list?
If you decide to register, make sure you get a receipt for any money you pay.
Looking round a flat or house
Have a good look round the accommodation before making a decision. You might find
the following checklist helpful:
* Are there any signs of dampness?
* Do the windows open?
* What security is available (i.e., window locks, burglar alarm)?
* Is a smoke detector provided and is it functioning?
* Who pays for the heat? What hours is it on, and who controls it?
* Is hot water available all or some of the time?
* Are the cooker and fridge clean and in working order?
* What sort of condition is the bathroom in?
* Do you have to share the bathroom, if so, with how many others?
* Is there storage for bicycles, parking space etc?
* Is there a bus route or other public transport nearby?
* Are there shops and other facilities nearby?
Deposits
Landlords will usually ask for a deposit, which might be a week or month's rent.
If you are receiving social welfare payments, your Community Welfare Officer may
help with paying a deposit, although you may have to pay some of it yourself. Make
sure you get a receipt for any deposit you pay. You may lose your deposit if:
* You leave without giving proper notice or leave before the end of a fixed term
lease
* You cause damage to the accommodation beyond normal wear and tear
* You leave with bills or rent unpaid.
Before you agree to rent
Make sure you can afford the rent being asked.
If you will be claiming rent supplement, make sure you know the local maximum rent
level allowed by the Health Services Executive (HSE) Area. It is sensible to tell
the landlord at this stage that you will be claiming it, since not all landlords
will take tenants on rent supplement. Your local Health Services Executive (HSE)
Area will need your landlord's signature so he/she will have to know sooner or later.
Read more about rent supplement in 'Help with paying the rent'.
Be aware of your rights and your obligations and your landlord's rights and obligations.
Your landlord, for example, is obliged to provide you with a rent book. They are
also obliged to ensure that the accommodation meets certain minimum physical standards.
They should also register the tenancy with the Private Residential Tenancies Board,
an organisation set up by the government to register tenancies and mediate disputes
between landlords and tenants.
If the landlord wants to give you a fixed term lease of six months or a year, don't
agree to this unless you're sure you want to stay that long. If you leave before
the end of a fixed term lease, you may lose your deposit. Read more about types
of tenancy.
You should draw up and agree a list of furnishings and appliances provided, with
the landlord. This will help to prevent disputes during your stay and when you are
leaving. If there are any signs of damage by previous tenants, make sure this is
noted too. This list should be included in the rent book.
If there are outstanding repairs, ask the landlord to state in writing that s/he
will carry them out.
Threshold, the housing organisation, have published two useful leaflets for people
renting accomodation. They are 'SEEKING accomodation in the Private Rented Sector'
(pdf) and 'LIVING in the Private Rented Sector' (pdf).
Further information
Threshold is a charitable organisation that provides advice, information and support
to all citzens on housing rights in Ireland. The organisation has three national
offices (Dublin, Galway and Cork). Contact them for free, confidential advice and
information at:
Threshold,
21 Stoneybatter,
Dublin 7
Tel: (01) 6786 096
Free information and advice on housing is also available from any one of the many
Citizens Information Centres nationwide.
Private Residential Tenancies Board,
Canal House,
Canal Road,
Dublin 6.
Tel: (01) 8882960
Fax: (01) 8882819
E-mail: Tenancies_Board@environ.ie
This information was supplied http://www.oasis.gov.ie/
How easily a landlord in Ireland can evict a tenant depends on the type of tenancy
the tenant has. Information on your rights and the correct procedure that must be
followed.
Landlords in Ireland have to follow certain procedures before asking you to leave
rented accommodation. How easily you can be evicted by your landlord depends on
the type of tenancy you have, and how long you have been in the accommodation.
Most private residential tenancies are covered by the Residential Tenancies Act
2004 (pdf). A private residential tenancy means a tenancy that is agreed privately
between a landlord and a tenant. Tenants living in their landlord's homes and tenants
who are renting from a local authority or a social housing organisation (e.g. voluntary
housing association, or student accommodation let by a recognised educational institution)
are not covered by this legislation. See the 'Rent a Room Scheme' for more information
on tenants living in their landlord's homes and see Notice to Quit and Eviction
for more information on the rights of local authority tenants.
If you qualify for Rent Supplement, you are probably renting from a private landlord,
so you would be covered by these rules.
There may be a number of situations where a landlord wants a tenant to leave. You
can read more about these situations under ‘Terminating a Tenancy’ below.
Rules
Terminating a tenancy
Your landlord must always give you notice when asking you to leave. (Read more under
'Notice periods' and 'Notice of termination', below.) Landlords can ask tenants
to leave without giving a reason during the first six months of a tenancy. Landlords
can terminate a tenancy that has lasted between six months and four years (a Part
4 tenancy) only in the following circumstances:
* After 3 and ½ years.
* If the tenant does not comply with the obligations of the tenancy.
* If the property is no longer suited to the tenants’ needs (e.g. overcrowded).
* If the landlord needs the property for him/herself or for an immediate family
member.
* If the landlord intends to sell the property.
* If the landlord intends to refurbish the property.
* If the landlord plans to change the business use of the property (e.g. turn it
into offices).
You should note that if your landlord evicts you for a specific reason and subsequently
does not carry out the intention (e.g. to live there him/herself) you can report
him/her to the Private Residential Tenancies Board (PRTB). The PRTB will investigate
your claim and take further action as appropriate.
Notice periods
The length of notice depends on the length of the tenancy.
Length of tenancy Notice by landlord
Less than 6 months 4 weeks (28 days)
6 months to a year 5 weeks (35 days)
1 – 2 years 6 weeks (42 days)
2 – 3 years 8 weeks (56 days)
3 – 4 years 12 weeks (84 days)
4 years or more 16 weeks (112 days)
Landlords can give less notice if the tenants are not keeping their obligations
(28 days) or if there is serious anti-social behaviour (7 days). Anti-social behaviour
includes violence, threats or intimidation as well as any persistent behaviour that
interferes with neighbours.
Landlords and tenants can agree shorter notice periods but they can only do so at
the time they decide to terminate the tenancy. It is illegal to agree a shorter
notice period at the start of the tenancy. Landlords and tenants can also agree
longer notice periods but the maximum is 70 days when the tenancy has lasted less
than six months.
Notice of termination
If your landlord wants you to leave they must serve you with a notice of termination.
In order to be valid a notice of termination must
* be in writing.
* be signed by the landlord (or an authorised agent).
* specify the date of termination.
* state the reason for termination (if a tenancy has lasted more than six months).
* state that any issue with the notice must be referred to the PRTB within 28 days
from the receipt of the notice.
The notice can be posted to you, be given to you in person or left for you at the
property.
Illegal eviction
If your landlord locks you out or physically evicts you, you may be able to apply
for an injunction to force the landlord to let you back into the property or you
may apply to the PRTB to do so on your behalf. Similarly if your landlord cuts off
water, gas or electricity, you may be able to take legal action to restore the supply.
In either case, this is a big step and you should get legal advice and assistance
before you proceed. Your landlord cannot remove your possessions from your flat
or house without a court order. If your landlord is going to take you to court,
you should get advice about your situation from Threshold, a Citizens Information
Centre or a solicitor.
Where to apply
The Private Residential Tenancies Board is an organisation set up by the Government.
One of its functions is to mediate disputes between landlords and tenants in private
rented accommodation. They also provide information on tenants and landlord's rights
including a leaflet on 'Terminating a Tenancy' (pdf).
Private Residential Tenancies Board,
Canal House,
Canal Road,
Dublin 6.
Tel: (01) 8882960
Fax: (01) 8882819
E-mail: Tenancies_Board@environ.ie
Threshold is a charitable organisation that provides advice, information and support
to all citzens on housing rights in Ireland. The organisation has three national
offices (Dublin, Galway and Cork). Contact them for free, confidential advice and
information at:
Threshold,
21 Stoneybatter,
Dublin 7,
Tel: (01) 678 6096
Free information and advice on housing is also available from any one of the many
Citizens Information Centres nationwide.
Tools.
This information was supplied http://www.oasis.gov.ie/
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