Resedential Landlord And Tenant

Question 1

What Acts govern residential tenancies in Ireland?

Answer 1

Residential Tenancies Acts 2004–2015 and amendments, including the 2016 Act.

Question 2

Do the Residential Tenancies Acts apply retrospectively?

Answer 2

Yes, they apply to tenancies regardless of when they began.

Question 3

What types of accommodation are excluded from the Acts?

Answer 3

Owner-occupied homes, business premises, and holiday lets.

Question 4

What is a “dwelling” under the Acts?

Answer 4

A self-contained residential unit used as a home.

Question 5

What is covered under the term “tenancy”?

Answer 5

Fixed-term, periodic, oral, written, and implied tenancies.

Question 6

How must a residential tenancy be legally terminated?

Answer 6

By a written Notice of Termination, per Sections 59–62 RTA 2004.

Question 7

What are the key requirements for a valid Notice of Termination?

Answer 7

In writing

Signed

State termination & service dates

State reason (if tenancy > 6 months)

Question 8

What is the minimum notice period for a tenancy of less than 6 months?

Answer 8

28 days (for both landlord and tenant)

Question 9

What is the notice period for a tenancy over 5 but under 6 years?

Answer 9

140 days

Question 10

What is the notice period for a tenancy over 8 years?

Answer 10

224 days

Question 11

What notice is required for anti-social behaviour?

Answer 11

7 days

Question 12

What notice is required for other breaches by tenant?

Answer 12

28 days

Question 13

What is the rule on maximum rent chargeable?

Answer 13

Rent must not exceed market rent.

Question 14

How often can rent be reviewed (post-2015)?

Answer 14

Every 24 months

Question 15

How much notice must a landlord give before changing rent?

Answer 15

90 days (s.22, amended by s.26, 2015 Act)

Question 16

What information must be in a rent book?

Answer 16

Rent amount, deposit, inventory of furniture/appliances, payments made.

Question 17

Are landlords required to give receipts?

Answer 17

Yes, especially for non-cash payments.

Question 18

Can a landlord contract out of repair obligations?

Answer 18

No – under s.12(1), RTA 2004.

Question 19

What governs minimum housing standards?

Answer 19

Housing (Standards for Rented Houses) Regulations 1993.

Question 20

When must a tenancy be registered with the RTB?

Answer 20

Within 1 month of commencement.

Question 21

What is the penalty for failing to register a tenancy?

Answer 21

Fine up to €3000 or 6 months imprisonment.

Question 22

Can an unregistered landlord initiate a dispute with the RTB?

Answer 22

No – but a tenant can.

Question 23

What are 3 key landlord obligations under s.12?

Answer 23

Peaceful possession

Maintain property

Refund deposits fairly

Question 24

What are 3 key tenant obligations under s.16?

Answer 24

Pay rent

Avoid damage

Allow access for repairs

Question 25

When does a Part IV tenancy arise?

Answer 25

After 6 months of continuous occupation.

Question 26

How long does a Part IV tenancy last (post-2015)?

Answer 26

6 years

Question 27

Name one reason a landlord can terminate a Part IV tenancy after 6 months.

Answer 27

Sale of property Landlord/family occupation Refurbishment Change of use Breach by tenant

Question 28

What is the main function of the RTB?

Answer 28

Dispute resolution, tenancy registration, rent data collection, and sector monitoring.

Question 29

Can third parties bring disputes to the RTB?

Answer 29

Yes, if they are affected (s.77(2)).

Question 30

What are the two initial methods of RTB dispute resolution?

Answer 30

Mediation Adjudication

Question 31

What follows if adjudication is appealed or complex?

Answer 31

A Tenancy Tribunal

Question 32

What is a Determination Order?

Answer 32

A legally binding decision issued by the RTB after resolution.

Question 33

How is a Determination Order enforced?

Answer 33

Via the Circuit Court.