The RTB remit does not extend to:
Tenancies in local authority housing or under shared ownership lease arrangements.
Holiday letting agreements.
The Rent a Room scheme (where the landlord and the tenant share the same self-contained property).
Instances where a tenant lives with the spouse, civil partner, parent or child of the landlord and there is no written letting agreement in place.
Properties which are short term lets.
There are further rare examples under the Landlord and Tenant (Ground Rents) Act 1978 and Landlord and Tenant (Amendment) Act 1980 when dwellings may be exempted, for example:
Where a rented dwelling that may, in certain situations, be purchased by the tenant to take ownership of.
Where a tenant may apply for a new tenancy on the ending of an earlier tenancy, if they can show long occupation or they have spent money on improvements of the property.
Typically, most licence arrangements do not come under the remit of the RTB. The naming of a licence as such does not necessarily mean that it is not regarded as operating as a tenancy for the purposes of the RTB.
A licence is usually said to exist where a person is:
Staying in a hotel, guesthouse or hostel.
Sharing with the owner in Rent a Room / digs accommodation.
Staying in rented accommodation at the invitation of the tenant.
Hosting refugees from Ukraine
The Accommodation Recognition Payment (ARP) is the government scheme to pay a financial contribution for the hosting of Temporary Protection Beneficiaries from Ukraine, as provided in Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.
If you are in receipt of payment under this scheme, this falls outside the remit of the Residential Tenancies Board (RTB) and should not be registered as a tenancy. The terms of a tenancy do not apply in this scenario, and it is regarded as a temporary licence arrangement. The Accommodation Recognition Payment is administered by the Department of Employment Affairs and Social Protection (DEASP). If you have questions about your payment, contact DEASP by phone on 0818 70 80 90 (9am to 5pm, Monday to Friday) or by email at ARP@Welfare.ie
You will find support and practical information about providing accommodation to refugees from Ukraine from Helping Irish Hosts here:HOME | Helping Irish Hosts | Ireland
However, if you are renting a dwelling to refugees from Ukraine outside of this scheme and are receiving payments directly from the tenants on foot of a tenancy arrangement, the tenancy must be registered with the RTB. More information on tenancies and agreements can be found here.
You can learn more about registering a tenancy with the RTB here.