Please enable JavaScript.
Coggle requires JavaScript to display documents.
Residential Tenancies Act 2004-2016 (Security of tenure (Part 4 LL can…
Residential Tenancies Act 2004-2016
Residential Tenancies
S3: Act applies to every dwelling subject to tenancy, apart from
Owner-occupied accomodation
Social housing
Long occupation equity tenancies
Business lettings
Holiday lettings
A holiday dwelling
rent a room or other arrangements whereby LL also resides in dwelling
However it will apply to rented dwellings where LL's spouse, child or parents is a resident and a lease or written tenancy agreement has been signed
Part 1: Applies to mainstream private rented sector
Tenancy obligations
Part 2: A tenant must
Pay rent and any other specified charges
Avoid causing or make good any damage beyond normal wear and tear
Notify LL of any repair requirements
Allow access for repairs to be carried out and by appointment for routine inspections
Keep LL informed of identity of the occupants
Not engage in or allow anti-social behaviour
Not act, or allow visitors to act in a way that would invalidate LL's insurance
Not alter, improve, assign, sub-let or change the use of eh dwelling without written consent from LL
The LL Must
Allow tenant to enjoy peaceful and exclusive occupation
Carry out repairs, subject to tenant liability for damage beyond normal wear and tear
Insure the dwelling subject to insurance being available at reasonable cost
Provide a point of contact
Promptly refund deposits unless rent is owing or damage beyond normal wear and tear
Reimburse tenants for expenditure on repairs hat were appropriate to the LL
Enforce tenant obligations
Not penalise tenants for making complaints or taking action to enforce their rights
Rents
Part 3 2004 Act- deals with rents and specifies that rent may not be
greater than open market rate
may be reviewed every two years
unless substantial change in the nature of the accommodation that warrants a review
Tenants are to be given 90 days notice of new rents
2016 Act- Introduced concept of rent pressure zone
Now a cap of 4% on rent increases in the designated rent pressure zones, such as Dublin and Cork city
Expanded to 23 other areas e.g Galway
4% cap does not include new properties or ones which have undergone substantial change
A 'substantial change' involves a significant change to a dwelling resulting in increased market value of dwelling
LL only entitled to review rent every two years-
after first review in rent pressure zone, entitled to review annually
furnish tenants with details of how 4% calculated by reference to a formula
Security of tenure
Part 4: Placed minimum period of secuirty for tenants that is implied into every tenancy but which cannot be contraced out of
2004 Act- 4 years
2016 Act- extended to 6 years
Once tenant has been in occupation of dwelling for a continuous period of six months and notice of termination has not been served during that period, tenant will be entitled to a
part 4 tenancy
Under 2016 Act: after first six months, a tenant is allowed to remain in occupation for a further period of 5 and 1/2 years
Part 4
LL can terminate tenancy during first six months without giving reasom
so long as tenant given 28 days notice
Once 6 months elapses, tenant entitled to Part 4 tenancy and LL is only entitled to terminate tenancy on limited grounds
s34 grounds
Tenant does not comply with obligations of tenancy
Dwelling is no longer suited to occupant's accommodation needs
e.g. overcrowded
2015 Act: Introduced additional requirement LL must notify the tenant and particularize the overcrowding
LL intends to sell the dwelling in the next three months
2015 Act introduced additional requirement that a LL is required to give a statutory declaration that they intend to enter into an enforceable agreement to transfer to another, for full consideration of the whole of his or her interest in the dwelling or the property containing the dwelling
Section 35A 2004 Act inserted by 2015 Act
Places restriction on a LL terminating a tenancy for intention to sell where they propose to sell 10 or more units in same development
Response to 'vulture funds' acquiring rental properties and selling them off in bulk
LLs will only be able to rely on these grounds if they can prove selling the property with the tenant still remaining will reduce the market value by 20% below what it would be, if sold with vacant possession
LL requires the dwelling for their own or their family's occupation
LL has to specify the identity of the intended occupant and the expected duration of the occupation
2015 Act introduces requriement that LL required to give statutory declaration to that effect
Duniyva v Residential tenancies Board
: Held that the RTB's Tenancy Tribunal had correctly applies s34(4) Residential Tenancies Act 2004 by considering both subjective and objective elements of LL requiring property for himself or a member of his family
i.e. LL must subjectively require property and there must be a bona fide requirement or need
This ground for recovery of possession could not be construed as interfering with the tenant's right to peaceful and exclusive possession under s12(1)(a) 2004 Act
LL intends to substantially refurbish or renovate dwelling
Notice of termination has to be accompanied by or contain a statement specifying the nature of the works
LL is obliged to re-offer the dwelling to the tenant at market rent provided they have provided LL with their contact details
2015 Act- if PP required, append copy to notice
LL intends to change the business use of the dwelling
Notice of termination has to be accompanied by or contain a statemnet specifying nature of intended use
2015 Act provides that the notice also has to contain a copy of PP required for change of use
At the end of 6 years, a new tenancy will commence and teh cycle begins again
Second or further Part 4 tenancy
Under 2004 Act L could terminate a second or further Part tenancy in first 6 months for no reason
Repealed by 2016 Act- now LL required to give one of grounds in s34 in order to termnate tenancy
Notice of Termination
LL- more than 6 months, reasons under s34
Tenants do not need to give a reason for terminating
Shorter notice periods apply where termination is for non-compliance with obligations
7 days anti-social behaviour, 28 other breaches
Prior 2015- issues arising during course of hearings in RTB concerning mistakes/omissions in notices of terminations
technically invalid
2015 Act provides an adjudicator in RTB can deem a minor slip or omission in a notice of termination as allowable
Dispute Resolution
Part 6 2004 Act- Generally all disputes to be referred to RTB
2004 Act provides for adjudication and mediation and tenancy tribunal hearings at the RTB
Parties offered adjudication or mediation
2015 Act also makes provision for telephone mediation
If parties agree to mediate and matter settled= determination order issues
If not successful, one or both parties can apply to have dispute dealt with by tenancy tribunal
Independent adjudicator who makes determination on issues in dispute where no agreement can be reached
An adjudication report then issues
If no appeal- determination order then issues
If appeal- heard by tenancy tribunal
Noone v Residential Tenancies Board
: Noonan J ruled 21 time limit (now 10) for appealing RTB determination s123 2004 Act is an absolute one
Determination of RTB binding on all parties
2015 Act provides determination orders are to be enforced in District Court, in effort to save costs
Part 7 2004 Act- Registration of tenancies
Obligation on LL to rgister new tenancies with RTB
Snochowshi v PRTB:
HELD- as a matter of interpretation of 2004 Act, while non-registration of tenancy would deprive LL of right to refer a dispute to RTB,it does not deprive LL of right to appeal a determination made by the Board on a referral by the tenant
Nothin in Act to qualify right to appeal a determination
2015 Act also introduced a deposit protection scheme- LLs will have to forward tenants deposit to RTB