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. If there is no written tenancy agreement in place, a landlord is still obliged to provide a rent book to a tenant in respect of the tenancy.
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. 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.