Introduction
Tenancy in Ireland is a legal relationship between a landlord and a tenant, where the landlord grants the tenant the right to occupy a property for a certain period of time, in exchange for rent or other consideration. Tenancy in Ireland is regulated by various laws and regulations, such as the Residential Tenancies Act 2004, the Residential Tenancies (Amendment) Act 2015, and the Residential Tenancies and Valuation Act 2020.
The main body that oversees tenancy in Ireland is the Residential Tenancies Board (RTB), which is an independent statutory body that provides information, education, registration, dispute resolution, and research services to landlords and tenants. The RTB also maintains a national register of tenancies, which records the details of all registered tenancies in Ireland.
As a landlord or tenant in Ireland, you have certain rights and responsibilities that you must comply with, as well as different types and terms of tenancy agreements that you can enter into. In this article, we will discuss some of the key aspects of tenancy in Ireland.
Contents
Types and Terms of Tenancy Agreements
Rights and Responsibilities
As a landlord or tenant in Ireland, you have certain rights and responsibilities that are derived from your tenancy agreement, as well as from the law. Some of these rights and responsibilities are:
Landlord’s Rights
- To receive rent from your tenant on time and in full
- To review rent in accordance with the law and notify your tenant in advance
- To inspect your property at reasonable times and with prior notice
- To terminate your tenancy for specific reasons and with proper notice
Landlord’s Responsibilities
- To register your tenancy with the RTB within one month of its commencement
- To provide a safe, secure, and habitable property to your tenant
- To carry out repairs and maintenance as required
- To respect your tenant’s privacy and quiet enjoyment of your home
Tenant’s Rights
- To live in a safe, secure, and habitable property
- To pay rent that is fair and reasonable
- To have your deposit returned at the end of your tenancy, unless there are valid deductions
- To challenge any rent review or notice of termination that you disagree with
Tenant’s Responsibilities
- To pay rent on time and in full
- To keep your property clean and tidy
- To report any issues or problems to your landlord as soon as possible
- To comply with the terms and conditions of your tenancy agreement
Types and Terms of Tenancy Agreements
A tenancy agreement is a contract between a landlord and a tenant that sets out the terms and conditions of their rental relationship. A tenancy agreement can be written or verbal, but it is advisable to have a written agreement that clearly states the rights and obligations of both parties.
There are various types of tenancy agreements available in Ireland, depending on their duration and security of tenure. Some of the most common types are:
Fixed-term Tenancy
A fixed-term tenancy is an agreement that lasts for a specified period of time, usually one year or more. A fixed-term tenancy must be in writing and signed by both parties. A fixed-term tenancy can be renewed for another fixed term, if both parties agree. A fixed-term tenancy can also become a Part 4 tenancy (see below), if it lasts for more than six months and is not terminated by either party.
A fixed-term tenancy can only be terminated before its expiry date by either party for specific reasons, such as:
- A breach of the terms and conditions of the agreement by either party
- A mutual agreement between both parties to end the tenancy early
- A break clause in the agreement that allows either party to end the tenancy early under certain conditions
If a fixed-term tenancy is terminated before its expiry date without a valid reason or without following the proper procedure, the party who terminates it may be liable for damages or compensation to the other party.
Periodic Tenancy
A periodic tenancy is an agreement that lasts for an indefinite period of time, until it is terminated by either party. A periodic tenancy can be weekly, monthly, quarterly, or yearly, depending on how often rent is paid. A periodic tenancy can be created by express agreement between both parties, or by implication from their conduct or circumstances.
A periodic tenancy can be terminated by either party by giving notice to quit to the other party. The notice period depends on the duration of the tenancy and the reason for termination. The minimum notice periods required by law are:
| Duration of tenancy | Notice by landlord | Notice by tenant |
| Less than 6 months | 28 days | 28 days |
| 6 months to 1 year | 90 days | 35 days |
| 1 year to 2 years | 120 days | 42 days |
| 2 years to 3 years | 180 days | 56 days |
| 3 years to 4 years | 180 days | 84 days |
| 4 years to 5 years | 180 days | 112 days |
| More than 5 years | 180 days | 140 days |
The notice period can be longer, but not shorter, than the minimum required by law. The notice must be in writing and must state the reason for termination, the date of termination, and that any issue relating to the termination can be referred to the RTB.
A periodic tenancy can also become a Part 4 tenancy (see below), if it lasts for more than six months and is not terminated by either party.
Part 4 Tenancy
A Part 4 tenancy is a special type of tenancy that provides security of tenure to tenants who have been renting a property for more than six months. A Part 4 tenancy is created automatically by law, regardless of whether there is a written or verbal agreement between the landlord and the tenant.
A Part 4 tenancy lasts for four or six years, depending on when it started. A Part 4 tenancy that started before December 24, 2016 lasts for four years, while a Part 4 tenancy that started on or after December 24, 2016 lasts for six years. A Part 4 tenancy can be renewed for another four or six years, unless either party opts out of it by giving notice to the other party.
A Part 4 tenancy can only be terminated by either party for specific reasons, such as:
- The landlord intends to sell the property within three months
- The landlord requires the property for their own or their family’s use
- The landlord plans to substantially refurbish or renovate the property
- The tenant has breached the terms and conditions of the tenancy
- The tenant has failed to pay rent or has caused damage or nuisance
The notice period required to terminate a Part 4 tenancy depends on the reason for termination and the duration of the tenancy. The notice periods are:
| Reason for termination by landlord | Duration of tenancy | Notice period |
| Landlord intends to sell | Any | 90 days |
| Landlord requires for own/family use | Less than one year | 90 days |
| Landlord requires for own/family use | One year or more | 120 days |
| Landlord plans to refurbish/renovate | Any | 90 days |
| Tenant has breached terms and conditions | Any | 28 days |
| Tenant has failed to pay rent/has caused damage | Any | 14 days |
| Reason for termination by tenant | Duration of tenancy | Notice period |
| No reason | Less than six months | 28 days |
| No reason | Six months or more | 35 days |
The notice period can be longer, but not shorter, than the minimum required by law. The notice must be in writing and must state the reason for termination, the date of termination, and that any issue relating to the termination can be referred to the RTB.
Security of Tenure
Security of tenure is the legal protection that tenants have against unfair or unlawful eviction from their rented property. Security of tenure is provided by various laws and regulations, such as:
- The Residential Tenancies Act 2004, which establishes the rights and obligations of landlords and tenants, as well as the dispute resolution services of the RTB.
- The Residential Tenancies (Amendment) Act 2015, which extends security of tenure to tenants in certain situations, such as when their landlord sells their property or when their property is located in a rent pressure zone.
- The Residential Tenancies and Valuation Act 2020, which introduces new measures to protect tenants during the COVID-19 pandemic, such as prohibiting rent increases and evictions until January
31, 2021, and requiring landlords to provide evidence of their financial hardship or intention to sell or refurbish their property.
Security of tenure applies to most tenants in Ireland, except for some categories of tenants who are excluded from the scope of the Residential Tenancies Act 2004, such as:
- Tenants who share accommodation with their landlord or a member of their landlord’s family
- Tenants who occupy a property under a licence or a caretaker agreement
- Tenants who occupy a property for temporary or holiday purposes
- Tenants who occupy a property provided by a public authority or a voluntary housing body
Security of tenure is based on the principle of “first in time, first in right”, which means that the tenant who occupies a property first has priority over any subsequent tenants or occupants. Security of tenure also means that a tenant’s rights and obligations are not affected by any change in the ownership or management of the property, unless the tenant agrees to a new tenancy agreement with the new landlord or agent.
Dispute Resolution
Dispute resolution is the process of resolving any issues or conflicts that may arise between landlords and tenants during their rental relationship. Dispute resolution can be done informally, by communicating and negotiating with each other, or formally, by using the services of the RTB or the courts.
The RTB is the main body that provides dispute resolution services to landlords and tenants in Ireland. The RTB offers two types of dispute resolution methods: mediation and adjudication.
Mediation is a voluntary and confidential process where an impartial mediator helps both parties to reach an agreement that suits their needs and interests. Mediation is free of charge and can be done online, by phone, or in person. Mediation is suitable for disputes that involve personal or emotional issues, such as noise, pets, or deposits.
Adjudication is a formal and binding process where an independent adjudicator hears both sides of the dispute and makes a decision based on the facts and the law. Adjudication has a fee of €25 for tenants and €200 for landlords, and can be done online or in person. Adjudication is suitable for disputes that involve legal or technical issues, such as rent reviews, notices of termination, or breaches of tenancy agreements.
If either party is unhappy with the outcome of mediation or adjudication, they can appeal to a tribunal, which is a panel of three adjudicators who review the case and make a final decision. A tribunal has a fee of €85 for tenants and €425 for landlords, and can only be done in person. A tribunal’s decision can only be challenged in the High Court on a point of law.
The RTB also has the power to enforce its decisions by issuing compliance notices, imposing sanctions, or applying to the Circuit Court for an order. The RTB can also prosecute landlords or tenants who fail to comply with their obligations under the Residential Tenancies Act 2004.
Conclusion
Tenancy in Ireland is a complex and dynamic area of law that affects both landlords and tenants. It is important to understand your rights and responsibilities as a landlord or tenant, as well as the types and terms of tenancy agreements that you can enter into. It is also advisable to seek legal advice if you have any questions or concerns about your tenancy situation, or if you are involved in a dispute with your landlord or tenant.
If you need more information or assistance on tenancy in Ireland, you can contact the RTB at:
- Website: https://www.rtb.ie/
- Phone: 0818 30 30 37
- Email: re***********@*tb.ie
You can also visit some of these useful websites:
- Citizens Information: https://www.citizensinformation.ie/en/housing/renting_a_home/
- Threshold: https://www.threshold.ie/
- FLAC: https://www.flac.ie/
I hope this article has been helpful and informative for you. Thank you for reading.
Hi , I am a doctor from pakistan and moving to Ireland .
I am in connection with few landlords regarding apartments,but they are demanding advance deposit fir agreement.
They neither allow in person visit or arrange live call.
What should I do in this situation.