Who is a Landlord?
A landlord is the owner of a property who leases or rents it to another person. The person who rents the property is a tenant. The agreement between the landlord and tenant is a tenancy.
Landlord Rights
Under legislation a landlord has the right to:
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Set the rent and receive the rent in full from the tenant on the date it is due.
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Landlords should ensure they understand the laws that apply to them when setting the rent based on where the rented dwelling is located. Click here for more information on setting the rent including information on requirements for setting the rent in a designated Rent Pressure Zone.
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End the tenancy in the first six months without reason if there is no fixed term lease in place. After six months, a landlord can terminate a tenancy for certain reasons.
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Be informed of who is living in the property, and decide whether to allow the tenant to sub-let or assign the property (this does not apply to Approved Housing Body )
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Be kept informed about any repairs needed and be given reasonable access to fix them by the tenant
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Refer any disputes to the RTB if the tenancy has been legally registered.
Landlord Responsibilities
A landlord must:
- Register the tenancy within one month of the start of the tenancy. Click here to register a tenancy
- Provide tenants with a receipt or statement or rent book that acknowledges payments made for rent and any other payments (e.g., utilities) received by the landlord
- Make sure the property complies with minimum standards legislation
- Maintain the property to the standard it was in at the start of the tenancy
- Reimburse the tenants for any repairs they carried out that they requested with the landlord which the landlord did not carry out within a reasonable time
- Insure the property (A landlord is required to maintain insurance in respect of the structural dwelling only i.e. bricks and mortar. A tenant should arrange contents insurance to cover their personal belongings).
- Pay property taxes and any other charges that the tenant is not responsible for
- Provide the tenant with contact details (or for the agent working on the landlords behalf)
- Terminate the tenancy in line with legislation Click here for more information on how to correctly end a tenancy
- Return the tenant’s deposit promptly at the end of the tenancy, unless lawfully withheld. A landlord can deduct any rent arrears, outstanding bills, or the cost of damages in excess of normal wear and tear to the dwelling. If a tenant terminates a tenancy early, a landlord can deduct for losses incurred.
- Schedule a property inspection. Landlords are encouraged to carry out regular inspections of the property
- Make sure there are refuse bins available for the tenant
- As per the Equal Status Act 2000, a landlord cannot refuse to rent a property to someone because of their gender, marital status, family status, sexual orientation, religion, age, disability, race, receipt of State housing payments (such as HAP), or membership of the Travelling Community
Moving in Checklist
It is a good idea to take photographs of the property before the commencement of the tenancy, and to record the date the photos were taken. Similarly, photos of the property should be taken before the tenant moves out. This is important should an issue arise regarding the condition of the property when the tenancy ends.
It is a good idea to take an inventory of the contents and furniture, note any damage and identify any breakages. Both landlords and tenants should sign an inventory and condition report.
A sample inventory and condition report can be found here.
It is important to obtain a tenant’s PPS number before a tenancy commences. A PPS number is a unique identifier, and in the event of a dispute, the RTB will have an improved chance of tracing a tenant(s) address if a PPS number is provided. Without a PPS number, the RTB may not be able to locate the tenant and may not be in a position to process your dispute.
- Landlords should search the RTB website for all dispute outcomes involving tenants before renting out their property
- Landlords should be familiar with their rights and responsibilities as well as those of their tenant(s).
- Landlords should provide the tenant(s) with their contact details or those of the agent.
- Landlords should get the tenant(s) contact details.
- Check Revenue.ie to get further information on taxation implications on rental income and deductions.
A Rent Pressure Zone (RPZ) is a designated area where rents cannot be increased by more than general inflation, as recorded by the Harmonised Index of the Consumer Price (HICP) and the rent previously set, cannot increase by more than 2% per annum pro rata, where HICP inflation is higher. This applies to new and existing tenancies (unless an exemption is being applied).
In the case of a new tenancy in an RPZ, a landlord is required to furnish the tenant, in writing, with the following information at the commencement of the tenancy:
- The amount of rent that was last set, which is the rent amount the previous tenant was paying in the rental dwelling.
- The date the rent was last set, which is the date that the tenancy commenced or the date the landlord previously set and served the notice of rent review.
- A statement as to how the rent was set in the rental dwelling having regard to the RTB Rent Pressure Zone calculator which reflects the latest HICP.
See here for more information on setting rent in Rent Pressure Zones.