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Landlord and Tenant

You are a tenant if you pay rent to a landlord for the use of accommodation or property. The Landlord and Tenants Acts 1967 – 1964 and the Residential Tenancies Act 2004 is the main legislation governing the rights and obligations of both Landlords and Tenants. It should be noted that the provisions of the Residential Tenancies Act 2004 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.

Tenants' Obligations

Under the Residential Tenancies Act 2004 Tenants Must:

• Pay the rent and any other charges due on time
• Ensure no act or omission causes the landlord to be in breach of the law
• Notify the landlord of any repairs required and allow access for repairs to be carried out and (by appointment)for routine inspections
• Not to do anything to cause the dwelling to deteriorate beyond normal wear and tear, and if this happens, make good such damage
• Not to engage in or allow anti-social behaviour or act in a way that would invalidate the landlord's insurance
• Not assign, sub-let, alter, improve or change the use of the dwelling without the landlord's written consent ( an assignment arises where the tenant does not wish to occupy the tenancy for the entire term and transfers the tenancy to another person; a sub-letting usually arises where the tenant does not wish to occupy the tenancy for the entire term and lets the property to another person)
• Keep the landlord informed of the identity of the occupants ordinarily resident in the dwelling
• Notify the landlord before the last month of a fixed term tenancy of the intention to avail of the protection afforded by Part 4 of the Act (i.e. to remain in the tenancy for a period of up to 4 years)
• Provide the landlord with the information required so as to register the tenancy with the Private Residential Tenancies Board (PRTB)

Tenants' Rights

Tenants also have certain rights in relation to their tenancy which include the right to:

• Peaceful and exclusive occupation of the dwelling
• Particulars of the means to contact the landlord at all reasonable times
• Reimbursement for reasonable expenditure on any repairs carried out by them for which the landlord was responsible
• Prompt return of deposit subject to deduction in respect of any arrears in rent or excessive wear and tear on the dwelling
• Refer a dispute to the PRTB relating to the tenancy

Landlords' Obligations

Under the Residential Tenancies Act 2004 Landlords Must:

• Register the tenancy with the Private Residential Tenancies Board
• Charge a rent that does not exceed the market rent for the dwelling
• Provide tenants with 28 days notice of any rent review
• Serve tenants with a valid notice of termination
• Repair and maintain the structure of the premises
• Repair and maintain the interior of the dwelling to the standard which existed at the commencement of the tenancy
• Allow the tenant to enjoy peaceful and exclusive occupation
• Provide the tenant with information about any person who is authorised to deal on the landlord's behalf and ensure the tenant is able to contact the landlord or agent at reasonable times
• Return any deposit due (unless the tenant has not paid the rent or has caused damage to the dwelling)
• Reimburse tenants for expenditure on repairs that should have been carried out by the landlord
• Ensure that the tenants comply with their obligations

Landlords' Rights

Landlords also have certain rights which include the right to:

• Receive the correct rent on the due date
• Receive other charges or taxes as they fall due in accordance with the lease or tenancy agreement
• Review the rent annually
• Review the rent within a year if justified by a substantial change in the nature of the accommodation
• Refer disputes about the tenancy to the PRTB provided it is registered
• Receive notification or any repairs required and be allowed access to carry out repairs and (by appointment) for routine inspections
• Repair damage resulting from tenant's actions and recover the costs from the tenant
• 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)
• 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

If your Tenant or Landlord rights have been affected, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.

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