The rights of a landlord are set out in the Residential Tenancies Act (2004, as amended). Under this Act, a landlord has the right to:
Tenants rights are set out in the Residential Tenancies Act (2004, as amended). Under this Act, a tenant has the right to:
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. This deposit cannot be more than one month’s rent.
For a full overview of both landlord and tenant rental rights and responsibilities, please read the Good Landord Tenant Guide in the hyperlink.
A landlord must:
While renting a property, a tenant is responsible for:
The only time rent can be validly withheld is where a tenant has made numerous requests to a landlord regarding a standards and maintenance issue, but the landlord has failed to act. A tenant can then rectify the issue and solely retain that amount of money if they are not reimbursed by the landlord. All other rental payments must continue to be paid in full.
It is a good idea to take photographs of the property before the commencement of a new tenancy, and if possible to date them. Similarly, photos should be taken of the property 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 things that don’t work and breakages. Both landlords and tenants should sign an inventory and condition report.
It is really 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 supplied. 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.
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:
See here for more information on setting rent in Rent Pressure Zones.
It is a good idea to take photographs of the property before the commencement of a new tenancy, and if possible date them. Similarly, photos should be taken before moving out of the dwelling. This is important should a dispute arise regarding the condition of the property when the tenancy ends.
It is important to know the name of the landlord. If dealing with an agent, a tenant is entitled to the full name and contact details of the landlord(s) under the Housing Rent Book Regulations Act 1993. Even if dealing with an agent or landlord representative throughout a tenancy, in the event of a dispute, the tenant can only refer an application for dispute resolution against the landlord. Check the RTB database of dispute resolution outcomes here.
On 11 June 2022, Tenancies of Unlimited Duration were introduced into law providing more security of tenure for tenants. It means that, after six months living in a tenancy, the tenant has the right to remain in the property for an unlimited duration. This is subject to the tenant upholding their rental obligations and the landlord’s right to end the tenancy in accordance with the Residential Tenancies Act 2004 (RTA).
The landlord should provide the tenant with their contact details or the contact details of any agent working on their behalf.
What is your budget? How much can you afford? As a general rule, housing costs plus bills should be approximately 30% of your total income.
What location would you like to live? Is it safe and secure?
Decide on what type of property would suit your needs, for instance:
- A house or apartment?
- Furnished or unfurnished?
- Would you like to live on your own or share with other tenants?
- How many bedrooms are required?
- What facilities are required? (e.g. wheelchair access, broadband, etc.)
- Are pets permitted? Do I require a property that allows pets or would you like to live in a property where pets are allowed?
- Do you require a garden or shed?
- Storage facilities
- Is parking or bike storage required?
What is the average rent for the location and property type that you choose? Check this here
What is included as part of the rent? Are broadband, gas, electricity, TV licence, refuse charges included in the rent?
Is the accommodation convenient? What amenities are available, for instance local shops, crèches, schools, parks, playgrounds, sports facilities, pubs?
How much deposit is required? Can you afford the deposit? To find out more information on deposits, click here.
Will you be required to sign a fixed term lease? Will you be jointly and severally liable for the rent and bills of other tenants?
Is public transport required? If so what transport is available? What are the associated costs? How long will it take to get to school/ work? What is the frequency of the transport? Be careful that you are not choosing a property that is cheap on rent but high on transport costs.
Will you be required to maintain a garden and if so what equipment has been provided?
Check the RTB website for the landlord. You can find out if the landlord has had previous cases with the RTB? Check the database of RTB dispute resolution outcomes here.
Know who you’re living with because if they don’t pay their rent, leave unpaid bills or damage the property you could all be held jointly responsible.
Don’t sign a 12 month lease if you’re only staying for the 9 month academic year as you could end up paying extra or losing your Deposit.