The benefits of registration
Avoiding a late fee - landlords who register their tenancy within one month of the tenancy commencing or the registration renewal date can avoid a late fee;
Access a range of RTB services – once registered access is available to the RTB dispute resolution services. There is no fee for mediation, and a fee of €15 for adjudication if the application is made online and €25 if the application is sent by post;
Landlords can claim mortgage interest relief for their property;
Landlords can claim the registration fee as an allowable expense.
The tenant may require proof of their tenancy for a number of State Agencies. If a tenancy is not registered a tenant may have difficulty in proving residency which could negatively impact any application they may have for residency, college places, bank loans etc. A tenant may find it difficult to apply for tax allowances or rebates.
It is a landlords’ legal responsibility to register their tenancy. Failure to register can result in a criminal conviction
- An application for dispute resolution cannot be accepted from a landlord if the tenancy is not registered. However, a dispute application can be accepted from a tenant irrespective of whether or not the tenancy is registered.
Once the tenancy registration has been fully processed by the RTB and paid in full by the landlord, both landlord and tenant(s) will receive a letter, confirming the tenancy has been registered. Letters of confirmation are issued by e-mail or post, depending on the preferred method of communication chosen by the landlord. Typically letters to the tenants are issued by post, unless the RTB has received a request to do so by email. Tenancy confirmation letters are important documents and should be kept in a safe place as landlords and tenants, may need to refer to it during the tenancy or after the tenancy has ended.
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. Tenants may require proof of their tenancy for a number of State Agencies – the confirmation letter may be required for this purpose also.
Penalties for non registration
A person who does not comply with their responsibility to register their tenancy/ tenancies faces a criminal conviction and a fine of up to €4000 and/ or 6 months imprisonment, if convicted. In addition to the Court imposed fines, the landlord will also have to pay the RTB’s legal costs which can be in the region of €2,500 plus VAT per case.
The RTB does not wish to prosecute landlords. We will work with landlords to assist them in registering their tenancies if they contact us on receipt of the formal notification and in advance of any summons issuing. However, if a summons has issued then the case will go to Court.
To search previous Court outcomes for unregistered tenancies click here.