Landlord and Tenants Law

Question 1

PART 4 Tenancy

Answer 1

• tenant has been in the dwelling for more than 6 months and has not received a valid Notice of Termination
• If tenancy started before 11th of June 2022- entitled to stay for 6 years
• After 11th of June 2022 - can stay for an Unlimited Duration
• Student Accom doesn’t count

Question 2

s.12 RTA 2004

Answer 2

Landlord Obligations:
- allow tenant to have peaceful and exclusive occupation
- notify tenant of any acting agent and how to contact them
- fulfill duty to repair
- promptly repay deposit

Question 3

s.14 RTA 2004

Answer 3

Landlord can’t penalise tenant for:
- referring dispute to RTB
- giving evidence to RTB
- making complaint to Gardaí

Question 4

s.16 RTA 2004

Answer 4

Tenants Obligations:
- pay rent to landlord
- get consent from landlord to sub-let or alter
- let landlord have access and inspect the dwelling

Question 5

s.34 RTA 2004

Answer 5

Landlord can only terminate Part 4 Tenancy when:
- tenant doesn’t comply to obligations and doesn’t rectify on time
- tenant doesn’t pay rent
- dwelling is no longer suitable for tenant
- landlord intends to sell, within 3 months after termination
- landlord needs to live in property
- landlord is going to renovate
- landlord intends to change use of dwelling

Question 6

s.66 RTA 2004

Answer 6

Notice Periods for Landlords
< 6 months = 90 days
> 6 months but < year = 152 days
> year but < 7 years = 180 days
> 7 years but < 8 years = 196 days
> 8 years = 224 days

Question 7

s.67 RTA 2004

Answer 7

When tenant has breached obligation:
- 7 days for anti-social behaviour or threathening the dwelling
28 days for any other breach

Question 8

s.68 RTA 2004

Answer 8

Notice Periods for Tenants
< 6 months = 28 days
> 6 months but < year = 35 days
> year but < 2 years = 42 days
> 2 years but < 4 years = 56 days
> 4 years but < 8 years = 84 days
> 8 years = 112 days