Tenants and landlords should be clear on the amount of rent that is payable in the tenancy and when it is due to be paid. Normally rents are paid one month in advance unless the lease agreement sets out a different rent payment schedule. Landlords will often ask for a deposit at the start of the tenancy and this cannot be more than one month’s rent as a deposit for the property.
Receipts and proof of any payments received should be provided by a landlord. A rent book is a document that records details about the tenancy and notes all rent payments that you make. Usually it is in booklet form, but it can be in another form, provided it contains all the necessary details. If a rent book is being used then a landlord (or their representative) must record the payments received in the rent book and/or give receipts for each payment received. Tenants should keep all receipts as proof of payments made. It should be noted that where rent is paid by bank transfer, a landlord does not have to provide a receipt or a rent book.
Tenants should keep all receipts as proof of payments made. From 16 July 2021, where a new tenancy commences in a RPZ, a landlord is required to set the rent in accordance with the Harmonised Index of the Consumer Price (HICP), unless the property is exempt from rental restrictions. From 11th December 2021, there is an additional rule that the rent previously set, cannot increase by more than 2% per year pro rata, where HICP inflation is higher.
Further information on setting the rent or reviewing the rent can be found here.
Click here to access the Rent Pressure Zone Calculator to check if your rental property is in a RPZ.
If a tenant believes the landlord has miscalculated their rent the RTB would always encourage the tenant to address this with their landlord. If this is not possible, the tenant can apply for Dispute Resolution Services with the RTB. This service can be used by tenants to resolve issues such as: rent reviews and rent setting, deposits, breaches of obligation including anti-social behaviour, and issues relating to standards and maintenance.
Further information on the Dispute Resolution Service, can be accessed here.
Tenants may make a dispute application to the RTB up to six years after the tenancy was in place.
A tenant cannot contract out of their rights to individual agreements with landlords and this includes limits to rent increases.