Residential Tenancies Flashcards
(21 cards)
RTA 2004
Establishes the Residential Tenancies Board as the regulator for the sector, providing mandatory dispute resolution services.
RTB dispute resolution process
- Mediation
- Adjudication (up to €60k damages, determination order)
- Appeal to the Tenancy Tribunal
(de novo) - Enforcement of determination orders by District Court
- Appeal to High Court (on a point of law only), or judicial review.
Scope of the RTB scheme
‘every dwelling the subject of a tenancy.’
Includes housing built by public bodies and student accomodation.
Landlord’s Obligations (ss. 12 and 14 RTA 2004)
Several, such as:
1. Allow tenant peaceful enjoyment of property
2. Make repairs to meet housing standards
3. Insure the property
4. Provide rent info where rent is in a rent pressure zone
s. 14 - not to penalise tenants for referring disputes to the RTB.
Obligations of the Tenant (s.16)
Such as:
1. Pay the rent
2. Comply with Housing Act 1992
3. Allow inspections
4. Don’t alter dwelling w/o landlord’s consent
5. Notify the landlord as to each person resident in the dwelling.
S.18 RTA 2004
- Obligations are mandatory terms read into every contract. Cannot exclude them.
- Can only modify s.12 duties if they are favourable to the tenant.
- Can only modify s.16 duties if they are consistent with the Act.
S.19 RTA
Rent cannot be set above a market rent.
Landlords cant take one month’s rent in advance, and one month as a security deposit.
Rent Pressure Zones
Introduced in 2016 as a emerfency measure, but still in place. More than half the country is in a RPZ.
Frequency: can review annually (every two years if not in an RPZ).
Rent: set for 2 years at market rate. Cannot charge above market rate.
Exempt if the dwelling has undergone substantial renovations (tightly defined).
Rent reviews
Max 12 months for RPZ, 24 months if not.
Cannot review to set above market rate (for both RPZ and not).
RPZ: cannot increase by more than 2% per annum (or the HICP, whichever is lower).
Duration of part 4 tenancy
Landlord has 6 months in which they can terminate a lease for any reason.
Thereafter, security of tenure as a Part 4 tenancy.
Termination rules
s.58 RTA 2004 - must be by Notice of Termination only.
Contents of a valid termination are in s.62.
Slip rules
S.64A RTA 2004 allows an RTB adjudicator to apply a slip rule to one error in a notice of termination which is otherwise valid.
Notice periods for landlord
S.66 RTA 2004
6 months - 90 days
6-12 months - 152 days
and so forth…
Notice periods for tenant
6 months - 28 days
6-12 months 35 days
and so forth…
Grounds of termination
Only apply to Part 4 tenancies (> 6 months)
- Breach of tenants obligations
- Dwelling no longer suitabel for tenant
- Landlord intends to sell property
- The landlord requires the dwelling for his own use or that of a nuclear family member
- Intends to substantially refurbish the dwelling and has obtained planning permission
- Intends to change the use of the dwelling
Termination for breach of tenant’s obligations
- Must give a warning letter before the notice of termination setting out the breach and allowing a reasonable time for it to be remedied.
Canty v RTB - Laffoy J held that time must be proportionate to the work needed to remedy the breach.
28 day warning if eviction is for failure to pay rent.
Termination for intention to sell the property
Must be for ‘full consideration’ and must be sold within 9 months of termination. Cannot lie - perjury. If not, tenant has a right to resume tenancy.
Perjury
S.6 of the Statutory Declarations Act 1938.
Termination for use of dwelling for own use or family member
Must be within 12 months.
Jurisdiction of the RTB
Termination but through one of these grounds is unlawful. Goes to a legal action in the District Court.
