The statutory changes made in recent years with regard to rented housing constitute a Charter for landlords and tenants. This leaflet is an explanatory guide to:
The information in this leaflet about registration and rent books does not apply to dwellings, which were formerly controlled under the Rent Restrictions Acts. These dwellings are separately registered and tenants have a separate legal entitlement to rent books. The requirements regarding standards for rented accommodation do, however, apply fully to the formerly controlled dwellings.
Any obligation of a landlord described in this leaflet may be carried out on the landlord's behalf by a duly appointed agent.
This leaflet is not a legal interpretation of the Regulations.
Registration of Rented HousesWhat houses must be registered?
Houses, including apartments, flats, maisonettes, etc. but not mobile homes
or caravans, let for rent or "other valuable consideration" must
be registered with the local housing authority (county council, corporation
or urban district council) under the Housing (Registration of Rented Houses)
Regulations, 1996. There are, however certain exemptions from this requirement
such as houses let -
If the tenant is related to the landlord, must the
house be registered?
The Regulations do not require registration if a house is let to the landlord's
father, mother, grandfather, grandmother, step-father, step-mother, father-in-law,
mother-in-law, son, daughter, son-in-law, daughter-in-law, uncle, aunt, nephew,
niece, grandson, granddaughter, step-son, step-daughter, brother, sister,
half-brother or half-sister, or to a person adopted by the landlord under
the Adoption Acts, 1952 to1991.
When must the landlord register the house?
In the case of a house let on 1 May 1996, the landlord was required to apply
to the local authority to register the house within two months of that date.
In the case of a house let after 1 May 1996, the landlord must apply to the
local authority to register the house within one month of the letting.
Is there an application form?
Yes. The landlord must apply in writing to the local authority, on a form,
which will be supplied free of charge, by the authority.
What information must be supplied?
The landlord must supply the following information in respect of each letting
What information is included in the register?
The local authority includes the address of the house, the description of
the house and the date of receipt by the local authority of the application
in a register kept by the authority and available for public inspection.
Who can inspect the register?
Any person may, during normal office hours, inspect the register, which must
be kept by the local authority at an office designated by them for this purpose.
Will the local authority reveal to a member of the
public the name of the tenant or the landlord of a house that is included
in the register?
No. The information obtained, other than that which is required to be included
in the register, is confidential and may not be revealed by the local authority
to the public.
Is there a fee for registration?
Yes. Each initial application for registration must be accompanied by a fee
of €40. Thereafter, an annual fee of €40 is payable in respect
of each house, while the house is rented.
Does the landlord have to re-register the house every
time the rent changes or a new tenant is appointed?
No. However, the landlord must update the information to the local authority
annually.
What should the landlord do if the house ceases to
be let?
If the house ceases to be let and is not being relet, the landlord should
notify the local authority in writing. The local authority will then arrange
to either delete the entry from the register or note on the register that
the house is no longer let.
Who is entitled to a rent book?
Every tenant paying rent for a house, which includes an apartment, flat, maisonette,
etc. but not mobile homes or caravans, is legally entitled to have a rent
book supplied by the landlord. This applies to houses rented by private landlords,
voluntary bodies, local authorities or employers, if a rent is payable. A
rent book is not needed for a holiday letting.
When must the rent book be supplied?
The rent book must be supplied to the tenant by the landlord at the commencement
of the tenancy.
What is a rent book?
Basically, a rent book is a record of rent and other payments made by a tenant
to the landlord. However by law, a rent book must also contain other information
related to the tenancy. Usually, a rent book will be in booklet form but it
may be in another form provided it contains all the necessary details.
What information must be included in the rent book?
The rent book must include:
The last two items need not be included where the tenancy commenced before
1 September 1993.
Who makes the entries in the rent book?
The landlord must enter the information relating to an individual tenancy
in the rent book when it is being given to the tenant. Any subsequent changes
in this information must be entered in the rent book by the landlord within
one month of the change. This would happen if, for example, there was a rent
increase or if the landlord appointed a new agent. The landlord is also responsible
for recording the rent and other payments that may be needed if any query
arises.
How are rent and other payments recorded?
Where rent or other payments for services are made in person by the tenant
(or by a person acting for the tenant) to the landlord, the landlord must,
at that time either:
Who holds the rent book?
The rent book should be held and carefully looked after by the tenant. It
contains details of the letting that have been agreed between the tenant and
the landlord and provides a record of rent and other payments that may be
needed if any queries arise. The tenant is however, obliged to make the rent
book available to the landlord so that the landlord can make any necessary
changes in it and record rent and other payments.
Are there any standards for rented dwellings?
Since 1 January 1994 landlords of houses including apartments, flats, maisonettes,
etc. but not mobile homes or caravans let for rent or "other valuable
consideration" have had a statutory duty to ensure that these dwellings
comply with certain minimum physical standards. Houses let by local authorities,
other than demountable dwellings, are subject to the same standards from 1
January 1998. A house let for "other valuable consideration" would
be one where, for example, the occupier provided a service for the owner in
return for the right to live in the dwelling.
What are the standards?
The standards are set out in the Housing (Standards for Rented Houses) Regulations,
1993. In summary, they require a landlord to:
What are the precise requirements for toilet and bathroom
facilities?
The tenant must have access to a toilet and a fixed bath or shower.
Flats
If the dwelling is a flat in a building containing two or more flats, a toilet
and bath or shower must be provided either:
In general, there must be at least one toilet and bath or shower for each
two flats. However, up to four flats may be served by one toilet or by one
bath or shower provided the flats are not intended to be occupied by more
than four persons in all (e.g. four bedsitters each occupied by one tenant
may be served by a single toilet/bath).
Where the rented dwelling is a separate house (including a semi-detached or terraced house), the toilet and bath or shower must normally be provided inside the house. However an outside toilet is acceptable where:
Local authorities are responsible for enforcing the legal
requirements in relation to registration, rent books and standards described
in this leaflet. Where a tenant considers that any of the requirements are
not being observed and is unable to get a satisfactory response from the landlord,
the tenant should contact the county council, corporation or urban district
council in whose area the rented dwelling is located. (County Councils are
responsible for towns with town commissioners). These authorities have powers
to investigate any breaches and prosecute offences, which carry penalties
of up to €1,270, plus an additional €127 penalty for every day
of a continuing offence.
Termination of Tenancy
A notice terminating a tenancy (i.e. a notice to quit served on a tenant by
a landlord or a notice of surrender served on a landlord by a tenant) must
be in writing and be served on the tenant or landlord not less than four weeks
before the date on which the notice is to take effect (section 16 of the Housing
(Miscellaneous Provisions) Act, 1992). These requirements apply to all lettings
of residential accommodation, whether by private landlords, local authorities,
voluntary housing bodies or otherwise with the following limited exceptions:
Tenancies, where written notice of more than four weeks is already required,
are not affected by these requirements.
Seizure of Tenant's Goods
A landlord is prohibited from seizing a tenant's goods as a means of enforcing payment of rent due on a premises let solely as a dwelling (section 19 of the Housing (Miscellaneous Provisions) Act, 1992).
Help with Rents
Assistance towards the rent of private rented accommodation may be available
under the Supplementary Welfare Allowance Scheme. Decisions in relation to
assistance rest with the local Health Board and applications, which are subject
to a means test, are dealt with by the Community Care Service at your local
Health Centre (addresses and telephone numbers are listed under Health Boards
in the State Services Section towards the front of the telephone directory).
Further information and advice may be obtained from:
your local county council, corporation or urban district council,
your solicitor or
Threshold, which is a voluntary body in receipt of grant assistance from the
Department of the Environment and Local Government and provides housing advice
to tenants and landlords. Threshold has offices at:
Dublin: 19 Mary's Abbey, Dublin 7. -Telephone No. (01) 8726311
Cork: 8 Fr. Matthew Quay, Cork. -Telephone No, (021) 271250
Galway: Augustine House, St. Augustine Street, Galway. -Telephone No. (091)
563080
(Threshold also publishes a model rent book suitable for most lettings).
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