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Registration FAQ's

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Registration FAQ (General)

What is the tenancy registration system?

The Residential Tenancies Act 2004 provides that landlords must apply to register tenancies with the Private Residential Tenancies Board (PRTB). Part 7 of the Residential Tenancies Act 2004 which deals with the registration of tenancies has been in operation since 1st September 2004. Each application shall be contained in the Register of Tenancies which is maintained by the PRTB.

What is the Register of Tenancies?

The Register of tenancies is maintained by the PRTB in accordance with Part 7 of the Residential Tenancies Act 2004. Section 136 of the Residential Tenancies Act 2004 provides the information which must be contained in an application to register a tenancy with the PRTB. Please click here to access the Residential Tenancies Act 2004.

The information on the register will be used to provide aggregate data on the private rented sector. Personal details such as the tenant name, landlord name, rent, etc. will not be made public.

What is the published register?

The PRTB maintains a published register, which is available for public inspection at the Board's office. However, the published register will not contain any information that could lead to the disclosure of the identity of the landlord or tenant(s) or the rent payable. Click here to access Publish Register

What is an RT number?

Each tenancy registered with the PRTB will be allocated a unique identifier number (Registered Tenancy or RT number). When a complete application with the appropriate fee has been processed by the PRTB this RT number, will be issued in a confirmation letter, to both the landlord(s) and the tenant(s). This confirmation letter is important and it should be kept in a safe place. The RT number will be required when dealing with the PRTB. It may also be required by the Revenue Commissioners if claiming deductions for tax purposes. A new RT number will be issued for each new tenancy registered with the PRTB.

How do I check if a tenancy is registered with the PRTB?

The published register is available on the homepage of the PRTB website under publications.

This lists the addresses of tenancies registered with the PRTB at a particular point in time. 

 Click here to access Publish Register.

What happens if I don't register?

It is a legal requirement that landlords must register tenancies with the PRTB. Please see the penalties applicable under the Residential Tenancies Act 2004. You should also note that until such time as a tenancy has been entered onto the PRTB's register of tenancies, the PRTB is precluded from dealing with any dispute relating to the tenancy that may be referred to it by the landlord. Click here to go to the Registrations Enforcement FAQs for further information.

What is a further Part 4 tenancy?

Part IV (part 4) of the Residential Tenancies Act 2004 contains the security of tenure measure for tenants based on 4-year cycles whereby tenancies that have lasted more than 6 months become 'Part 4 tenancies'. Unless there is a breach of the tenancy obligations, they may only be terminated by the landlord during the following 3½ years where one or more of the 6 grounds listed in the Table to section 34 of the Act arises. Please click here to access the Residential Tenancies Act 2004.

At the end of the 4-year period, the tenancy is deemed terminated and a new tenancy comes into being where the dwelling continues to be let to the same tenant(s). This new tenancy is known a 'further Part 4 tenancy' and, if not terminated by the landlord within the following 6 months, may only be terminated during the remainder of the successive four years where one of the grounds in the Table to section 34 arises, or an actionable breach of obligations.

Each tenancy must be registered with the PRTB. When the Part 4 tenancy is deemed to be terminated at the end of the four year cycle and a further Part 4 tenancy comes into being, this tenancy must be registered with the PRTB.

Re-Registration of Tenancy (Further Part 4 Tenancy)

Registration lasts the length of the tenancy but subject to a maximum duration of four years.

"Further Part 4" refers to tenancies that have existed for 4 years (or longer). When a tenancy has been in existence for four years it must be re-registered with the PRTB. The landlord is obliged to register these tenancies.

The tenancy commencement date of a "Further Part 4" is the expiry of a four year period. For example the tenancy commencement date for a Further Part 4 when the original tenancy began on the 1st September 2006 will be the 1st September 2010. The original tenancy will have expired on the 31st August 2010.

For example if a tenancy commenced on the 25th November 2006 and lasted four years then on the 25th November 2010 the tenancy expired. The Landlord then has one month from the 25th November 2010 to re-register the tenancy and pay the standard fee. After the 24th December 2010 the application to register form will be late and the late fee is applicable.

How often do I have to register?

The PRTB registers tenancy agreements.Registration lasts the length of the tenancy. But it is subject to a maximum duration of four years. When a tenancy has been in existence for four years it must then be re-registered with the PRTB.

If, for example, a tenant occupies a rented dwelling under a one year lease but remains on in the dwelling after the one year period, there is no need to register that tenancy again with the PRTB. Registration is not an annual requirement.

What dwellings are exempt from registration with the PRTB?

The registration of some tenancies in certain dwellings (a “dwelling” means, a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden) is exempt

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business (the exemption does not apply to a dwelling that is for example above a retail unit)

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

(c) a dwelling let by or to— (i) a public authority, 

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only

(g) a dwelling within which the landlord also resides (i.e. landlord and tenant share the same self-contained property)

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling

(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter

Will the PRTB provide confirmation of exemption from the tenancy registration system

No, the PRTB will not routinely provide for individual confirmation of exemptions from the tenancy registration system.

What is an update?

If there is a change in one of the particulars of the tenancy after it has been registered with the PRTB this is considered to be an update to a tenancy.

For example, if some of the tenants are replaced by new tenants (but at least one of the tenants remain in the rented property) then this would be considered an update to an existing tenancy.

 However if there is a change of rent a landlord is required to notify the PRTB within one month of that change and when doing so, you are required to advise of any other change of the tenancy details that have arisen in the interim.

No fee is payable when providing an update of tenancy details. Please note you cannot update the tenancy commencement date. If the wrong tenancy commencement date was erroneously provided on the application to register then a correction must be submitted in writing to the PRTB.

What is a dwelling?

A "dwelling'' is a property let for rent or valuable consideration as a self-contained residential unit. It includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

It excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not).

What is a tenancy?

 

A tenancy includes a periodic tenancy and a tenancy for a fixed term. A tenancy may be oral or in writing or implied. It also includes a sub-tenancy. It can include a tenancy or a sub-tenancy that has been terminated.

Please note that since the 15 July 2009 the definition of tenancy under the Residential Tenancies Act 2004 no longer includes tenancies where the term of the tenancy is more than 35 years. If the term of a tenancy exceeds 35 years then it is not a tenancy which must be registered with the PRTB.

What is a lease?

A lease is an instrument in writing containing a contract of tenancy in respect of a dwelling. It does not matter whether the written instrument is under seal or not.

What is a licence?

A licence is not a tenancy and therefore (save for one exception) the Residential Tenancies Act 2004 does not apply to such an arrangement. A licence can be best described as a permission to enter onto and/or occupy a dwelling (without which a trespass would occur). Examples of a licence are a person staying in hotel, hostel or guesthouse or a person sharing a house with the owner.

For a detailed overview of licensees in private rented accommodation and the application of the Residential Tenancies Act 2004 to them, please click here to view a  PRTB leaflet on "Licensees in Private Rented Accommodation"

What is a sub-tenancy?

When a tenant moves out of a dwelling and becomes landlord (in effect) to a new sub-tenant. That tenant must obtain the consent of his or her landlord before creating a sub-tenancy.

The tenancy commencement date will be the same date as the date that the original tenancy commenced on.

Are landlords eligible for tax relief on interest paid on borrowing to purchase investment properties?

Landlords should be aware that the Finance Acts have been amended to explicitly provide that compliance with the registration provisions contained in the Residential Tenancies Act 2004 is a condition of eligibility for mortgage interest relief on residential properties.

It is a matter for individuals to satisfy themselves that they are in compliance with the Residential Tenancies Act 2004. The PRTB will not routinely provide letters confirming exemption from the 2004 Act.

The PRTB is obliged under legislation to supply the Revenue Commissioners with information.

Click here to view the Revenue Commissioners' website for further information.

Why have I not received a letter from the PRTB confirming registration?

Confirmation letters are being issued to landlords and tenants in all registrations processed by the PRTB generally on a fortnightly basis. However your application will be considerably delayed if you fail to complete the PRTB1 paper application fully and accurately and/or you fail to pay the correct registration fee.

Forms which require assisted completion by the PRTB will not receive a confirmation letter until registration has been possible.

What is a BER Certificate ?

From the 1st of January 2009 a BER certificate is compulsory for all homes being rented (barring those which are exempt but you should consult the SEI website for further information). A BER is similar to the energy label for a household electrical appliance like your fridge. The label has a scale of A-G. A-rated homes are the most energy efficient and G the least efficient.

Please click here to access the SEAI website.

I lease my property to a management company who in turn rent out the property to individual tenants; I have no relationship with the tenants of the management company. Do I need to register?

In the above scenario there are two actual tenancies and they both need to be registered. Under the Residential Tenancies Act 2004, the landlord is legally obliged to register the tenancy where the dwelling is leased to the management company and the management company is legally obliged to register the tenancy with the individual tenant(s). Each tenancy will then have a unique RT number assigned to it.

The above applies in all arrangements where the dwelling is sub-let and is ultimately a residential dwelling other than for those dwellings excluded in section 3 of the Residential Tenancies Act 2004 .

The consent of the landlord is required before the management company may sub-let the dwelling.

If the management company enjoys a Part 4 tenancy or further Part 4 tenancy, the management company must sub-let its entire interest in the property to the sub-tenant. Section 32 of the Residential Tenancies Act 2004 provides that a purported sub-tenancy of part only of a dwelling the subject of a Part 4 tenancy (or further Part 4 tenancy) is prohibited and will be deemed to be void pursuant to section 32(3) of the Residential Tenancies Act 2004.

If however a company is employed by the landlord merely to locate tenants and/or to manage aspects of the tenancy on behalf of a landlord then there is no requirement to register the contract (agreement) between the landlord and the company. The only agreement which must be registered in this instance is the agreement between the landlord and the tenant(s). The company is acting as an authorised agent on behalf of the landlord.

You should obtain legal advice as to whether your agreement falls into the first category of agreements requiring two separate registrations or the second category in which there is only one registration requirement.

Applying to Register a Tenancy

What is meant by an incomplete application to register a tenancy?

An application to register a tenancy must have all the mandatory (required) fields completed. The information provided on the application must be accurate and correct. If incorrect information is provided or information is missing from the application form then that application to register the tenancy will be incomplete. Equally if the incorrect fee is submitted that application to register a tenancy will be incomplete.

While the PRTB makes every effort to assist applicants in registering a tenancy ultimately it is the responsibility of the landlords to ensure that the application to register is complete and received on time by the PRTB. The PRTB cannot register incomplete applications and, as that tenancy will not be entered on the Register of Tenancies, an RT number (registration number) will not issue.

What is a draft application to register a tenancy ?

It is created when a landlord or an agent for a landlord has begun to fill in information on an online application but has not completed the application. This application has not been fully processed by the PRTB on-line. No payment has been deducted and no entry has been made in the Register in respect of that application.

Once the application has been submitted to the PRTB using the on-line application process it will be checked to confirm that it is complete. Once it has been verified as complete it will proceed to payment. Only when payment has been cleared will the application to register a tenancy be finalised with the PRTB and a RT number will issue.

What is meant by an active registration ?

This is an existing tenancy that is registered with the PRTB at a rented dwelling

What is meant by an inactive registration?

An inactive registration is a tenancy that is no longer in existence but has been registered with the PRTB. A tenancy will become inactive when: All of the tenants have moved out. The four year cycle has ended (if the tenancy continues then it must be re-registered as a further part 4 tenancy. The PRTB has been instructed that the tenancy no longer exists

How do I calculate floor area ?

When completing this question please give approximate floor area of the rental unit not the floor area of the full premises unless the full premises is the subject of this registration application. To convert from square feet to square metres the following values should be used: 1 sq. foot = 0.0929 sq. metres 1 sq. yard = 0.8361 sq. metres

Who is a landlord?

A landlord is the person entitled to receive the rent paid in respect of a dwelling by the tenant. For the purposes of the Residential Tenancies Act 2004 a landlord does not include the person who receives the rent as an agent for the landlord.

Who is an authorised agent ?

The person who is authorised by the landlord to act on his or her behalf in relation to the tenancy.

Who is a tenant?

A tenant is a person who is entitled to the occupation of a dwelling under a tenancy.

What is the tenancy commencement date?

The tenancy commencement date will depend on the circumstances of each individual tenancy.

THE FOLLOWING IS PROVIDED FOR GUIDANCE PURPOSES ONLY.

If there is a written tenancy agreement (a lease) the tenancy commencement date will usually be clearly stated in that written tenancy agreement.

However the tenancy commencement date may, for example, be the date on which:

  • it is agreed that the tenant is entitled to take up occupation of the dwelling in question or 
  • the tenant actually takes up occupation of the dwelling.

For registration purposes the tenancy commencement date is important as a completed application to register a tenancy must be received by the PRTB within one month from this date for the registration fee of €90 to apply.

 If a fully completed application to register a tenancy is not received within this one month period then a late fee will apply.

Please note that the operative date for the PRTB is the 1st September 2004. If a tenancy existed at that time, the tenancy commencement date, for the purposes of the Residential Tenancies Act 2004, is the 1st September 2004. This date applies regardless of the actual date that the tenancy commenced.

What is a company?

A company is a separate legal entity to the people who manage it.

Whereas for the purpose of completing a registration application form please note that an individual is a natural person, as opposed to a company which is a legal person.

For more information please click here to go directly to the CRO website.

What is a CRO Number?

This is the number which has been assigned by the Companies Registrations Office to the company in question.

Who are the Local Authorities ?

When completing the registration form you must indicate in which local authority area the rented dwelling is located. The authorities are:

City Councils - Cork, Dublin, Galway, Limerick, Waterford.

Borough Councils - Clonmel, Drogheda, Kilkenny, Sligo and Wexford

County Councils - Dun Laoghaire - Rathdown, Fingal, South Dublin, Carlow, Cavan, Clare, Cork, Donegal, Galway, Kerry, Kildare, Kilkenny, Laois, Leitrim, Limerick, Longford, Louth, Mayo, Meath, Monaghan, Offaly, Roscommon, Sligo, Tipperary (NR), Tipperary (SR), Waterford, Westmeath, Wexford, Wicklow

Town Councils - Arklow, Athlone, Athy, Ballina, Ballinasloe, Birr, Bray, Buncrana, Bundoran, Carlow, Carrickmacross, Carrick-on-Suir, Cashel, Castlebar, Castleblaney, Cavan, Clonakilty, Clones, Cobh, Dundalk, Dungarvan, Ennis, Enniscorthy, Fermoy, Kells, Killarney, Kilrush, Kinsale, Letterkenny, Listowel, Longford, Macroom, Mallow, Midleton, Monaghan, Naas, Navan, Nenagh, New Ross, Skibbereen, Templemore, Thurles, Tipperary, Tralee, Trim, Tullamore, Westport, Wicklow, Youghal

What is a Personal Public Service Number (PPSN) ?

PPSN (formerly known as RSI number) is unique to each individual and is used to distinguish between individuals with similar names or addresses. The PPSN must be provided for each person as required on the form. However if as a landlord, or an agent acting on behalf of a landlord, you have made a reasonable effort to obtain the PPSN of a tenant but it has not been provided, or alternatively the tenant does not have a PPSN, this should be noted as appropriate on the registration application.

You must not use a PPSN assigned to one person for a different person.

Please note that it is in a landlord's interest to obtain a PPSN for a tenant as if there is subsequently a dispute it may facilitate the PRTB in obtaining an address for a tenant.

The PPSN is usually identified on tax and welfare statements and P60s. If you do not have a PPSN number please contact your local Department of Social Protection (DSP) office. Use of the PPSN is governed by law. The PPSN Code of Practice is available from the DSP and on their website (www.welfare.ie).

Please click here to access www.welfare.ie

What is a management company ?

In the case of apartment blocks/complexes, the management company is responsible for the day-to-day management of the block/complex. In some instances, the management company engages a management agent to perform the functions of managing the properties on behalf of the management company.

Registration Fees

What are the registration fees ?

The following fees are applicable to the registration of tenancies: 

A. If the tenancy commencement date is on or after the 1st January 2011

€90 per tenancy provided the completed application to register is received by the PRTB within one month from the tenancy commencement date.

A late fee of €180 applies where an application to register a tenancy is received more than one month from the tenancy commencement date.

€375 (composite fee) for multiple tenancies in the one building being registered at the same time by the one landlord within one month of the commencement date of the first tenancy. If, in the 12 months following the payment of a composite fee, one of the tenancies included in the set of multiple tenancies ends and a new tenancy is created, the application to register that new tenancy does not have to be accompanied by a fee provided it is made within one month of the commencement of that tenancy.

No fee is payable where two payments in respect of the tenancy have been made to the Private Residential Tenancies Board in the previous 12 months. No fee is payable for an update of details of a tenancy already registered.

B. If the tenancy commencement date is on or before the 31st December 2010

€70 per tenancy provided the completed application to register is received by the PRTB within one month from the tenancy commencement date.

A late fee of €140 applies where an application to register a tenancy is received more than one month from the tenancy commencement date.

€300 (composite fee) for multiple tenancies in the one building being registered at the same time by the one landlord within one month of the commencement date of the first tenancy. If, in the 12 months following the payment of a composite fee, one of the tenancies included in the set of multiple tenancies ends and a new tenancy is created, the application to register that new tenancy does not have to be accompanied by a fee provided it is made within one month of the commencement of that tenancy.

No fee is payable where two payments in respect of the tenancy have been made to the Private Residential Tenancies Board in the previous 12 months. No fee is payable for an update of details of a tenancy already registered.

What is one month ?

For the purposes of registration a "month" is defined as meaning a "calendar month". A calendar month is a full month from the 1st to the end of the month (inclusive). For example a tenancy commences on 10 January 2013. The complete registration application with the appropriate fee must be received by the PRTB by the 9 February 2013. If the form is received on 10 February 2013 then the application is late and the late fee will have to be paid.

How can I pay my registration fees?

Registration fees may be paid in the following ways:

  • Credit card
  • Debit card
  • Bank Draft
  • Postal order
  • Cheque

For security reasons payment by cash is not permitted.Cheques will take a minimum of 3-5 working days to clear and RT numbers (registration numbers) cannot issue until such time as payment has been received by the PRTB.

 

After I have registered with the PRTB

What do I do with the confirmation letter?

Landlords and tenants must quote the registration number given in the letter in any future correspondence with the PRTB relating to that tenancy.

In addition, landlords may use the confirmation letter as a receipt for payment of the registration fee, where appropriate. Landlords may be requested to provide this confirmation letter to the Revenue Commissioners when seeking mortgage interest relief on residential properties.

What do I do if my tenant leaves my rented dwelling?

If all of the tenants move out of the rented dwelling then it is deemed to be the end of the tenancy.

When there is a new tenancy (ie new tenant(s) move in) a landlord must register the new tenancy with the PRTB within one month of the tenancy commencement date.

The tenancy registration form is available to download by clicking here. However you may also register on-line by clicking here.

If at least one of the tenants remain in the rented dwelling and the other tenants are replaced by new tenants, then this would be considered an update of the tenancy details.

What happens if I change the Rent?

A landlord must inform the PRTB of a change in the rent payable in respect of a dwelling within one month of the change occurring

What happens if one of the tenants moves out and is replaced by a new tenant?

When updating the PRTB of a change in rent landlords should at the same time notify the PRTB of any other change to the registered tenancy details e.g. a replacement tenant. No fee is payable for informing the PRTB of these changes.

What is duration of the registration?

Once a tenancy is registered it remains a registered tenancy for as long as the tenancy remains in existence. However if a tenancy continues for in excess of four years then it is necessary to re-register that tenancy on the expiration of four years. Please click here to see information on Further Part 4 Tenancies. Once the tenancy is terminated, any new tenancy created in respect of the dwelling must be registered with the PRTB.

What do I do if the dwelling ceases to be let?

If the tenancy ends and the dwelling is no longer available for rent then the PRTB should be notified so that the record can be removed from the active registrations on the Register. This may only be done by written notification by the landlord or his or her authorised agent. In certain instances written authorisation to show that an agent is authorised to act in behalf of a landlord must be provided to the PRTB. No refund of the registration fee is payable in such circumstances.

Technical Support Questions

How can I pay the fee and who do I pay?

When you have entered all details of the tenancy / tenancies, you should confirm on the "Summary" screen that the application is complete. The sections at the bottom of the screen show the individual areas which need to be completed in order to proceed to the payment screen.

If your application is showing as complete in all areas, you will need to click the required statement in order to proceed to the payment screen. "By ticking this box you are declaring that all the information provided is correct to the best of your knowledge". This will allow you to proceed to the payment screen where you can select those complete applications you wish to pay for.

What details am I required to Register?

In addition to the tenancy details, to register on-line you will need to set up an on-line account. Payment on-line is currently available through credit / debit cards only.

Please note that Credit/Debit cards are processed through the secure Relex system used by all major financial institutions. Your card details are immediately wiped following payment.

Can I pay for multiple tenancies online?

You can enter as many tenancies as you need to resister and then select any combination of those showing as "Complete" in order to proceed to payment for them

What is the procedure for online payments?

If you are a new customer please click the "Create an online account" button. You will be brought through a step by step process for the creation of an online account, the registration of tenancies and the payment of the fee.

An Account ID will be generated for you. Your Account ID is a unique number that identifies your account. You will need it to login to the online system. In order to activate your account, you will need to provide your email address in the registration process. This account ID will be confirmed by in the activation email. You will need your account ID, together with the password and PIN you select, in order to access your account in future.

If you are an existing customer please click the "Login" button. Please note that you will require your Account ID, Password and PIN

Where do I get my Account Reference Code?

This will be provided as part of your account setup process

Do I use the same Account Reference Code every time I register a tenancy or access my account online?

Yes

I've lost my Account Reference Code, and I have do not have the email address I used to registered.

You will need to contact the PRTB where you will be asked a number of validation questions to confirm your identity prior to your account ID notified to you.

When you access your account, you should ensure that your email address is updated to allow you to use the self-service facilities available for forgotten password or PIN.

What is the PIN number?

The PIN number is the 6-digit number you selected when setting up the account and is used as part of the security on account access.

Where do I get my PIN?

You select your PIN when setting up your on-line account.

If you have lost your PIN please click here

What is my Secret Question and Answer?

The Secret (or Security) Question and Answer provides you with a further level of security beyond your normal Account ID, password and PIN. One of the ways your are protected from unauthorised access is by asking for verification of account information, such as First Name, Last Name and PPSN. Your security question will allow you to use the self service facilities in case you do not have your password or PIN number.

My Computer crashed while I was paying - what do I do?

You should log in to your account. If your payment was successful, your application will no longer appear on the "Existing Applications" screen and will be visible as an "Existing Registration". If it was not successful you can proceed again to pay online for the relevant tenancies.

How will I receive my receipt?

You can print off your receipt from the online system