When renting a property the landlord has
certain obligations to the tenant and the
property. Certain minimum obligations are
laid out in the Residential Tenancies Act
2004. There may be other obligations arising
from other legislation, housing regulations
and the letting agreement signed by the
parties.
Under the Residential Tenancies Act 2004
landlords must:
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Register the tenancy with the PRTB
(Private Residential Tenancies Board) |
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Charge a rent that does not exceed the
appropriate market rent for the dwelling |
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Provide tenants with 28 days notice of
any rent review |
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Serve tenants with a valid notice of
termination |
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Repair and maintain the structure of the
premises |
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Repair and maintain the interior of the
property to the standard which existed at
the commencement of the tenancy |
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Allow the tenant to enjoy peaceful and
exclusive occupation |
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Provide the tenant with information
about any person who is authorised to deal
on the landlord’s behalf and ensure that the
tenant is able to contact the landlord or
agent at reasonable times |
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Return any deposit due (unless the
tenant has not paid the rent or has caused
damage to the dwelling) |
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Reimburse tenants for expenditure on
repairs that should have been carried out by
the landlord |
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Ensure that the tenants comply with
their obligations – third parties affected
by a failure on the landlord’s part can make
a complaint to the Private Residential
Tenancies Board. |
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Seize the goods of a tenant to secure
recovery of rent unpaid |
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Penalise tenants who have referred a
dispute to the PRTB |
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Vary or restrict the basic landlord and
tenant obligations. (Additional obligations
can be imposed but only in so far as they
are consistent with the Residential
Tenancies Act 2004.) |
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Set the rent higher than the market rent
or review it more than once a year unless
justified by a substantial change in the
accommodation |
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Insist on an increased rent being paid (unless
agreed to by the tenant) until a dispute
concerning the amount sought has been
determined by the PRTB |
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Terminate a tenancy except in accordance
with the provisions of the Act |
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Discriminate against any of the nine
protected groups under the Equal Status Act
2000 |
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Receive the correct rent on the due date |
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Receive other charges or taxes as they
fall due in accordance with the lease or
tenancy agreement |
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Review the rent annually |
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Review the rent within a year if
justified by a substantial change in the
nature of the accommodation |
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Refer disputes about the tenancy to the
PRTB provided it is registered |
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Receive notification of any repairs
required and be allowed access to carry out
repairs and (by appointment) for routine
inspections |
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Repair damage resulting from the
tenant’s actions and recover the costs from
the tenant |
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Decide whether to allow the tenant to
assign, sub-let, alter, improve or change
the use of a dwelling (Note: refusal of
consent to assign or sub-let will entitle a
tenant to terminate a fixed term tenancy
before its expiry date) |
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Be informed by the tenant of anyone
ordinarily residing in the dwelling (not
including casual guests or visitors) |
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Be informed by the tenant of a fixed
term tenancy expiring after the tenancy has
lasted more than 6 months, if he/she intends
to remain in the dwelling after the end of
the fixed term |
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Terminate a tenancy that has lasted less
than 6 months without providing a reason and
terminate a tenancy that has lasted more
than 6 months for one of the grounds listed
in section 34 of the Act |
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Receive valid notice of termination from
the tenant when the tenant is vacating the
dwelling |
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Recover possession of the dwelling
without giving notice in circumstances where
the tenant has vacated the dwelling and the
rent is at least 28 days in arrears |
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