Landlords Support

You are here: Landlords » Landlords Support

Residential Tenancies Act 2004 – summary of major changes introduced.

Part 4 Tenancy

One of the major changes introduced on the 1st of September 2004 is the concept of the tenant gaining the right to remain in occupation after a six-month probationary period. After the initial six months, the tenant may remain in occupation for a period up to 3 and a half years. The tenancy becomes known as a Part 4 Tenancy. The landlord may terminate the tenancy during this period on specified grounds only and these are outlined below.

Terminating a Tenancy

Terminating within the first six months –

If a tenancy is terminated within the first six months, not due to any fault on the tenant and there is no fixed-term lease, the landlord must serve notice to quit of at least 28 days. The landlord does not have to provide a reason for terminating the tenancy.

Landlord terminating a Part 4 tenancy-

The notice period required to terminate a Part 4 tenancy is regulated by the length of the tenancy. The period required can be found in the following table:

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

The landlord must provide a reason for terminating the tenancy.

Grounds for terminating a Part 4 tenancy

A landlord may terminate a Part 4 tenancy but only on the grounds specified below:

  1. Where the tenant has not complied with their obligations, the tenant has been notified of the breach and has not righted the breach.
  2. Where the dwelling is no longer suitable to the needs of the tenant.
  3. Where the landlord is selling the property.
  4. Where the landlord requires the dwelling for his own occupation or for a member of his family to occupy.
  5. Where the landlord intends to substantially refurbish or renovate the dwelling and planning permission has been obtained, if necessary.
  6. Where the landlord intends to change the use of the dwelling and planning permission has been obtained, if necessary.

The landlord may terminate a Part 4 tenancy with 7 days notice on the grounds of the tenants’ anti-social behaviour. The landlord may terminate with 28 days notice where the tenant is in default. If the default is non-payment of rent, the landlord must notify the tenant in writing that the rent is owing and give them 14 days to pay the rent prior to serving 28 days notice to quit.

A tenant surrendering a tenancy must serve their landlord with the relevant notice period.

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

Need help in terminating a tenancy? We can help by having the termination notice drafted and served on your behalf. Contact us here.

Registration

The majority of tenancies will have to be registered with the Private Residential Tenancies Board. It is the responsibility of the landlord to register the details with the Board. Either the landlord or the tenants are entitled to a copy of the details entered on the register.

When to register

All tenancies must be registered with the Private Residential Tenancies Board (PRTB). All new tenancies must be registered within one month of the commencement of the tenancy.

What details must be supplied

The following details must be supplied with the registration application

  1. The address of the dwelling
  2. The name, address and PPS number of the landlord and any authorised agents
  3. The number of occupants of the dwelling
  4. The name and PPS number(if known) of the tenants, or tenants.
  5. A description of the dwelling including the number of bed spaces
  6. The date the tenancy commenced
  7. The amount of rent payable

Fee

The current fee payable to register a tenancy is €70. A late fee of €140 applies if registration takes place after one month of the commencement of the tenancy.

Private Residential Tenancies Board

The Private Residential Tenancies Board (PRTB) has been set up to resolve disputes between Landlord and Tenants, operate a system of tenancy registration and provide information and policy advice. Landlords and tenants may refer disputes to the Private Residential Tenancies Board for resolution by mediation, adjudication or tribunal hearing.

The Board deals with:

  1. The refund or retention of deposits
  2. Alleged breaches of tenancy obligations, by either Landlords or Tenants
  3. Timing of rent reviews and the determination of rent levels following a review
  4. Failure to follow the correct procedure to terminate a tenancy
  5. Invalid reason for terminating a tenancy
  6. Determining proper notice periods
  7. Tenants vacating tenancies in the absence of a valid notice
  8. Tenants and sub-tenants remaining in occupation despite the receipt of a valid notice
  9. Claims for costs and damages from either the Landlord or the Tenant arising from failures to comply with their obligations
  10. Claims for costs or damages or both by a landlord or tenant alleging improper termination of a tenancy
  11. Failure to comply with a determination order made by the Board
  12. Penalisation of Tenants by Landlords
  13. Claims for rent arrears or other charges

*A landlord will only be able to access the services of the PRTB when they have registered their tenancies. Landlords are prohibited from penalising a tenant for referring a dispute to the PRTB.

Need registration forms? We are happy to provide you with these free of charge.

Market Rent

Landlords are restricted from charging rent that is considered higher than the market rate. After the first twelve months of a tenancy, landlords can seek a rent review. Reviews cannot take place more frequently than annually unless there has been a substantial change in the nature of the accommodation during that period.

Further Information

The Act is available online at http://www.oireachtas.ie/documents/bills28/acts/2004/a2704.pdf
A hard copy is available for purchase from the Government Publications Office, Molesworth Street, Dublin 2. 01- 647 6000

The Department of Environment, Heritage and Local Government have produced a quick guide to the Act. The guide is clear and concise and is available by telephone from The Department at 01-888 2707 or 01-888 2902.

Contact Details

Private Residential Tenancies Board 01 – 888 2960
Canal House, Canal Road, Ranelagh, Dublin 6.

Contact Details

If you would like to contact an agent from Easylet, you can drop into our store or call us today.

Easylet
176 Lower Rathmines Road, Rathmines, Dublin 6

Telephone
+353 (0) 1 496 8111

Fax
+353 (0) 1 496 8798

Email
info@easylet.ie

Contact Us Today

Get in touch today by simply sending us a brief message using the form below. Alternatively you can use the contact details to the right of this message. Like to arrange a confidential meeting? Why not call to our office at O'Connor Shannon, 176 Lower Rathmines Road, Rathmines, Dublin 6.

We look forward to hearing from you.