Tenants’ rights and obligations
If you pay rent to a landlord for the use of accommodation or property you are a tenant. Your legal rights and responsibilities derive from landlord/tenant law as well as from any lease or tenancy agreement between you and your landlord.
The main legislation governing these rights and obligations is set down in the Landlord and Tenant Acts 1967 to 1994 and the Residential Tenancies Act 2004 . The following is a general overview of your rights, duties and obligations as a tenant; however, if you are living with your landlord you are not covered by landlord/tenant legislation.
Leases or other tenancy agreements cannot take away from your rights under the Residential Tenancies Act 2004. However, you and your landlord can agree on matters that are not dealt with in the Act. You should note that the provisions of the Residential Tenancies Act only apply to mainstream private rented housing and that local authority tenants and tenants who live in their landlord's home (e.g. under the Rent a Room Scheme) are covered by different laws. You can find out more about local authority tenancies here and about your landlord's rights and obligations here.
If you are paying income tax, you may be eligible for tax relief on part of your rent. There are special arrangements that you have to make about this tax relief if your landlord is living outside the State. Read more in our document on tax relief for tenants.
Rules :
Rights as a tenant in private rented accommodation
You are entitled to quiet and exclusive enjoyment of your home
You are entitled to certain minimum standards of accommodation
You are entitled to a rent book
You have the right to contact the landlord or their agent at any reasonable times. You are also entitled to the appropriate contact information you need to do so (telephone numbers, email addresses, postal addresses, etc.)
Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency
You are entitled to reimbursement for any repairs that you carry out that are the landlord's responsibility
You are entitled to have friends to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord about an extra person moving in
You are entitled to a certain amount of notice of the termination of your tenancy
You are entitled to refer any disputes to the Private Residential Tenancies Board (PRTB) without being penalised for doing so
You have the right to a copy of any register entry held by the PRTB dealing with your tenancy
Since 1 January 2009, all homes for rent must have a Building Energy Rating (BER). A BER will inform you how energy-efficient the home is. It will help you make an informed choice when comparing properties to rent.
Security of tenure :
You have the right to security of tenure in four-year cycles under Part 4 of the Residential Tenancies Act 2004. A tenancy that is guaranteed in this way is called a Part 4 tenancy. If you intend to avail of protection under Part 4 of the Residential Tenancies Act 2004 (e.g. stay in the property for up to 4 years) you should inform your landlord in writing between 3 months and 1 month before the expiry of your fixed-term tenancy of lease agreement. You can read more about types of tenancy here.
Obligations of a tenant in private rented accommodation :
You must:
Pay your rent on time
Keep the property in good order
Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
Give the landlord access (by appointment) for routine inspections
Inform the landlord of who is living in the property
Avoid causing damage or nuisance
Make sure that you do not cause the landlord to be in breach of the law
Comply with any special terms in your tenancy agreement, verbal or written
Give the landlord the information required to register with the PRTB and sign the registration form when asked to do so.
You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.
How to apply :
If you feel your rights as a tenant have been infringed, you do have some methods of redress.
Our document on resolving disputes between landlords and tenants describes several options.
Threshold provides a free advice and information service to people with housing problems. It has offices in Dublin, Cork and Galway.
In the case of disputes regarding private tenancy agreements, you may take your case to the Private Residential Tenancies Board who provide a dispute resolution service for the private rented sector.
If you feel your rights as a local authority tenant have been infringed, you should contact the Housing Department of your local authority.
If your landlord is not maintaining the property to the proper standards you can contact your local authority (Local authorities are responsible for standards in the private rented sector and in local authority housing).
Where to apply :
Private Residential Tenancies Board
PO Box 11884
Dublin 2
Ireland
Tel:+353 (0)1 635 0600
Fax:+353 (0)1 635 0601
Homepage: http://www.prtb.ie/
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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Threshold
21 Stoneybatter
Dublin 7
Ireland
Tel:(01) 678 6096
Fax:(01) 677 2407
Homepage: http://www.threshold.ie
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
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Threshold
22 South Mall
Cork
Ireland
Tel:(021) 427 8848
Fax:(021) 480 5111
Homepage: http://www.threshold.ie
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
___________________________
Threshold
3 Victoria Place
Merchant's Road
Galway
Ireland
Tel:(091) 563 080
Fax:(091) 569 273
Homepage: http://www.threshold.ie
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.