Resedential Landlord And Tenant Flashcards
What Acts govern residential tenancies in Ireland?
Residential Tenancies Acts 2004–2015 and amendments, including the 2016 Act.
Do the Residential Tenancies Acts apply retrospectively?
Yes, they apply to tenancies regardless of when they began.
What types of accommodation are excluded from the Acts?
Owner-occupied homes, business premises, and holiday lets.
What is a “dwelling” under the Acts?
A self-contained residential unit used as a home.
What is covered under the term “tenancy”?
Fixed-term, periodic, oral, written, and implied tenancies.
How must a residential tenancy be legally terminated?
By a written Notice of Termination, per Sections 59–62 RTA 2004.
What are the key requirements for a valid Notice of Termination?
In writing
Signed
State termination & service dates
State reason (if tenancy > 6 months)
What is the minimum notice period for a tenancy of less than 6 months?
28 days (for both landlord and tenant)
What is the notice period for a tenancy over 5 but under 6 years?
140 days
What is the notice period for a tenancy over 8 years?
224 days
What notice is required for anti-social behaviour?
7 days
What notice is required for other breaches by tenant?
28 days
What is the rule on maximum rent chargeable?
Rent must not exceed market rent.
How often can rent be reviewed (post-2015)?
Every 24 months
How much notice must a landlord give before changing rent?
90 days (s.22, amended by s.26, 2015 Act)
What information must be in a rent book?
Rent amount, deposit, inventory of furniture/appliances, payments made.
Are landlords required to give receipts?
Yes, especially for non-cash payments.
Can a landlord contract out of repair obligations?
No – under s.12(1), RTA 2004.
What governs minimum housing standards?
Housing (Standards for Rented Houses) Regulations 1993.
When must a tenancy be registered with the RTB?
Within 1 month of commencement.
What is the penalty for failing to register a tenancy?
Fine up to €3000 or 6 months imprisonment.
Can an unregistered landlord initiate a dispute with the RTB?
No – but a tenant can.
What are 3 key landlord obligations under s.12?
Peaceful possession
Maintain property
Refund deposits fairly
What are 3 key tenant obligations under s.16?
Pay rent
Avoid damage
Allow access for repairs
When does a Part IV tenancy arise?
After 6 months of continuous occupation.
How long does a Part IV tenancy last (post-2015)?
6 years
Name one reason a landlord can terminate a Part IV tenancy after 6 months.
Sale of property
Landlord/family occupation
Refurbishment
Change of use
Breach by tenant
What is the main function of the RTB?
Dispute resolution, tenancy registration, rent data collection, and sector monitoring.
Can third parties bring disputes to the RTB?
Yes, if they are affected (s.77(2)).
What are the two initial methods of RTB dispute resolution?
Mediation
Adjudication
What follows if adjudication is appealed or complex?
A Tenancy Tribunal
What is a Determination Order?
A legally binding decision issued by the RTB after resolution.
How is a Determination Order enforced?
Via the Circuit Court.
