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The Residential Tenancies Act 2004 provides that landlords must apply to register tenancies with the Residential Tenancies Board (RTB). 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 RTB.
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The Register of tenancies is maintained by the RTB 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 RTB. Please click here to access the Residential Tenancies Act 2004.
The information on the register will be used to provide aggregate data on the rented sector. Personal details such as the tenant name, landlord name, rent, etc. will not be made public.
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The RTB maintains a published register online which is available for public inspection. 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
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Each tenancy registered with the RTB 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 RTB 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 RTB. 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 RTB.
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The published register is available on the homepage of the RTB website under publications.
This lists the addresses of tenancies registered with the RTB at a particular point in time.
Click here to access Publish Register.
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It is a legal requirement that landlords must register tenancies with the RTB. 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 RTB's register of tenancies, the RTB 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.
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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 RTB. 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 RTB.
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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 RTB. 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.
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The RTB 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 RTB.
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 RTB. Registration is not an annual requirement.
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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 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
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No, the RTB will not routinely provide for individual confirmation of exemptions from the tenancy registration system.
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If there is a change in one of the particulars of the tenancy after it has been registered with the RTB 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 RTB 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 RTB.
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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).
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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 RTB.
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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.
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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 RTB leaflet on "Licensees in Private Rented Accommodation"
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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.
Subletting is not applicable to Approved Housing Body Tenancies.
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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 RTB will not routinely provide letters confirming exemption from the 2004 Act.
The RTB is obliged under legislation to supply the Revenue Commissioners with information.
Click here to view the Revenue Commissioners' website for further information.
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Confirmation letters are being issued to landlords and tenants in all registrations processed by the RTB generally on a fortnightly basis. However your application will be considerably delayed if you fail to complete the RTB1 paper application fully and accurately and/or you fail to pay the correct registration fee.
Forms which require assisted completion by the RTB will not receive a confirmation letter until registration has been possible.
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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.
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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.