Landlord and Tenant
Residential Tenancies Act 2004 - Residential Tenancies (Amendment) Act 2015 (the “2015 Act”) / Residential Tenancies Act 2004 (RTB)
Your rights as a Landlord
- Set the rent, once every two years according to the current market
- Receive the rent from the tenant on the date it is due
- Pay any charges related to the property e.g. taxes and duties
- End the tenancy without reason within the first six months of a tenancy. However, special care should be taken when dealing with fixed term tenancies as a reason will always have to be given
- Be informed of who is living in the property
- Decide whether to allow sub-letting by the tenant
- Be informed of any repairs needed and be granted reasonable access to fix them
- Refer disputes to the Residential Tenancies Board (RTB) once the tenancy is registered
Under law, a landlord cannot refuse to rent property to any prospective tenant because of their gender, marital status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller’s community. From 1st January 2016, a landlord cannot discriminate against a person in receipt of rent supplement, housing assistance or any payment under the Social Welfare Acts.
As a Landlord, you must:
- Register the tenancy agreement with the RTB. If you do not register then you will not be able to avail of the RTB’s dispute resolutions service and you may be prosecuted.
- Provide your tenant with a rent book (if no written lease is in place) and receipts of payment
- Make sure that your property is in good condition
- Maintain the property to the standard it was at the start of the tenancy
- Reimburse the tenants for any repairs carried out on the structure
- Insure the property
- Provide your tenant with information and contact details of any agent who deals on your behalf.
- Rented Dwelling Address
- Dwelling Type (i.e. Whole of House/Apartment/Flat Bedrooms,
- Bedspaces & Number of Occupants
- Approximate Floor Area in Square Metres
- BER Cert Rating (if applicable)
- Local Authority in which rented dwelling is located
- Tenancy Commencement Date
- Landlord name/address/ppsn
- Tenant Name/ppsn
- Authorised Agent (if applicable) Name/Address/CRO number/ppsn
- Management Company (if applicable) Name/Address/CRO number
Landlords have the right to:
1. Receive the rent from a tenant on the date it is due.
2. Pay any charges related to the property e.g. taxes and duties
3. End the tenancy without reason within the first six months of the tenancy. Terminating a Further Part 4 tenancy has changed since 17th January 2017. Where a landlord is seeking to terminate a Further Part 4 tenancy in the first six months (the probationary period), they will be required to rely upon one of the Section 34 grounds (the fixed term lease termination restrictions continue to apply). Prior to this change a landlord could terminate a Further Part 4 in the first 6 months without providing a reason.
4. Be informed of who is living in the property.
A Landlord must:
1. Register the tenancy agreement with the RTB. If you do not register, then you will not be able to avail of the RTB’s dispute resolution service and you
may be prosecuted.
2. Provide your tenant with a rent book and receipts of payments.
3. Make sure that your property is in good condition.
4. Maintain the property to the standard it was at the start of the tenancy.
5. Reimburse the tenants for any repairs carried out on the structure.
6. Insure the property.
7. Provide your tenant with information and contact details of any agent who deals on your behalf.
8. Provide your tenant with your contact details if you don’t use an agent.
9. Give tenants 90 days’ notice of a rent review.
The Part 4 tenancy cycle has been increased from 4 years to 6 years. This applies to all new tenancies that commenced on or after 24 December 2016, including a Further Part 4 tenancy coming into existence on or after this date. A tenancy may be terminated within the first six months without giving a reason.
What makes a Rent Review Notice valid?
- It must state the amount of new rent and the date from which is to have effect.
- It must include a statement that a dispute must be referred to the Board on the expiry of 28 days from the receipt by the tenant of that notice or the date the new rent takes effect.
- It must include a statement by the landlord that it is their opinion that the new rent is not greater than market rent having regard to the other terms of the tenancy, letting values of dwellings of a similar size, type and character and situated in a comparable area.
- It must specify the rent amount for three comparable dwellings of a similar size, type and character and situated in a comparable area.
- It must include the date on which the notice is signed.
- It must be signed by the landlord or his/her authorised agent.
- A landlord is also required to notify the RTB of the revised rent so that the registrations details can be updated.
Terminating a tenancy
Once a Part 4 tenancy comes into existence it can only be terminated by using one of the Section 34 grounds in the 2004 Act. In summary those grounds are:-
1. There has been a failure to comply with obligations under the tenancy
2. The dwelling is no longer suited to the needs of the occupying household
3. The landlord intends to sell the dwelling within 3 months of the termination date
4. The landlord requires the dwelling for own or family member occupation
5. Vacant possession is required for substantial refurbishment of the dwelling
6. The landlord intends to change the use of the dwelling
If a fixed term lease is in place, the termination of a Part 4 tenancy, which also has the benefit of a fixed term lease, can only occur where:-
1. There has been a breach of obligations by either landlord or tenant;
2. The landlord has refused a sublet or assignment request from the tenant;
3. The fixed term lease provides for specific grounds for termination and those grounds comply with the terms of the 2004 Act.
Notice Periods for Termination by Landlord
Below are the notice periods a Landlord must give a Tenant pursuant to Section 66, Table 2 of Residential Tenancies Act 2004 (the “2004 Act”) as amended by the Residential Tenancies (Amendment) Act 2015 (the “2015 Act”).
Duration of Tenancy
Notice Period
Less than 6 months - 28 days
6 or more months but less than 1 year - 35 days
1 year or more but less than 2 years - 42 days
2 years or more but less than 3 years - 56 days
3 years or more but less than 4 years - 84 days
4 years or more but less than 5 years - 112 days
5 years or more but less than 6 years - 140 days
6 years or more but less than 7 years - 168 days
7 years or more but less than 8 years - 196 days
8 or more years - 224 days
In order for a Notice of Termination to be valid, it must:
- Be in writing. (an email will not suffice)
- Be signed by the landlord or his or her authorised agent or, as appropriate, the tenant.
- Specify the date of service.
- State the reason for termination (where the tenancy has lasted for more than 6 months or is a fixed term tenancy).
- Specify the termination date and also that the tenant has the whole of the 24 hours of this date to vacate possession.
- State that any issue as to the validity of the notice or the right of the landlord to serve it must be referred to the Residential Tenancies Board within 28 days from the receipt of the notice.
- Be accompanied by a statement/statutory declaration where required.
Tenants have the right to: Your rights as a tenant come from the Residential Tenancies Act 2004, the Housing Regulations on Minimum Standards and from any written or oral agreement with the landlord. They include that:
- The rented accommodation must be in good condition. e.g. structurally sound, availability of hot/cold water, adequate heating, appliances in working order, electricity and gas supply in good repair.
- The tenant must have privacy. Landlords can only enter the rented accommodation with your permission unless it is an emergency.
- Tenants must have a rent book, written contract or lease with the landlord.
- Tenants must be informed when the landlord reviews their rent.
- Tenants must be able to contact their landlords at any reasonable time.
- Tenants must be reimbursed by the Landlord for any repairs they have carried out on the accommodation. If the damage is beyond normal wear and tear then it is the tenant’s responsibility to pay.
- Tenants must be given valid notice before termination of the tenancy.
- Tenants can refer disputes to the Residential Tenancies Board (RTB).
Your Obligations as a Tenant:
- Pay your rent in full and on time.
- Maintain the property in good order and inform the landlord when repairs are needed, allowing him/her or others access for this.
- Do not engage in any activities that may harm the property e.g. drying clothes inside the accommodation without proper ventilation, as this may cause damp to spread.
- Allow the landlord to do routine inspections of the property.
- Inform the landlord of who is living in the property.
- Avoid causing damage, nuisance or breaking the law.
- Comply with the terms of the tenancy agreement whether written or verbal.
- Give the landlord valid notice before termination of the tenancy.
- Keep a record of all repairs, payments and dealings with the landlord.
- Not to do anything that could affect the landlord’s insurance premium on the dwelling.
Notice Period for Termination by Tenant
Below are the notice periods a Tenant must give a Landlord pursuant to Section 66, Table 2 of Residential Tenancies Act 2004 (the “2004 Act”) as amended by the Residential Tenancies (Amendment) Act 2015 (the “2015 Act”).
Duration of Tenancy
Notice Period
Less than 6 months - 28 days
6 or more months but less than 1 year - 35 days
1 year or more but less than 2 years - 42 days
2 years or more but less than 4 years - 56 days
4 years or more but less than 8 years - 84 days
8 or more years - 112 days
The situations in which a Tenant may wish to serve a Notice of Termination on their Landlord vary and will have different requirements depending on the circumstances. In respect of a Notice of Termination, for counting purposes Day 1 begins on the day immediately following the date of service of the notice.
Part 4 Tenancy
If you have been renting for at least 6 months and haven't been given a written notice of termination, you automatically acquire some security of tenure called a 'Part 4 Tenancy'.
In the absence of a fixed term agreement, your Part 4 tenancy can only be ended on specific grounds set out in the Residential Tenancies Act and the longer you are in the tenancy the more notice that you have to be given.
From 24th December 2016 all new Part 4 and further Part 4 tenancies have been extended from 4 to 6 year cycles.
Claiming a Part 4 tenancy at the end of a lease
If you have a fixed-term contract or lease and wish to remain in the property under the rights acquired under Part 4, you must notify your landlord of your intention to stay in the property between 3 months and 1 month before the expiry of your fixed-term tenancy or lease agreement. You may download the template opposite to do this. If you fail to do this you do not lose your right to a Part 4 tenancy but you may have to compensate the landlord for any financial loss incurred because you did not notify them of your intention to remain in the tenancy. Once your lease expires there is no obligation on you to sign another lease.
Further Part 4 Tenancies
If you remain in your tenancy for the full period of your Part 4 tenancy, another cycle automatically begins called a 'Further Part 4 tenancy'. In the absence of a fixed term agreement, the landlord can only end your Further Part 4 tenancy on one of the six specific grounds.
Exceptions to Part 4 Tenancy
There are some exceptions to claiming a Part 4 tenancy:
1. A dwelling that is one of 2 within a building which was originally one and the landlord resides in the other. Must notify tenant of this in writing.
2. Section 50 student accommodation
3. Accommodation tied to the tenant's job.
Fixed Term Tenancy
Landlords and tenants often enter a tenancy for a fixed term period. Usually, the terms of a fixed term tenancy are contained in a lease agreement. A written lease agreement is not necessary however, for a fixed term tenancy to exist, as the Act provides that a fixed term tenancy may also be oral or implied.
A landlord can only terminate a fixed term tenancy where the tenant has been in breach of his or her obligations. Accordingly, a landlord cannot rely on the provisions of Section 34, to terminate a fixed term tenancy during the fixed term. Following the expiration of the fixed term period however, if the tenant has exercised his rights under Part 4, to extend his tenure for the remainder of the Part 4 tenancy of 4 years, the landlord can from then on, rely on the provisions of Section 34.A tenant can only terminate a fixed term tenancy where the landlord has been in breach of his or her obligations.(6) In addition however, where the landlord has refused consent to an assignment or sub-let, the tenant can also terminate the tenancy, in accordance with Section 186.