Back to site

©2024. All rights reserved.
Crafted by 4Property.

What is a tenancy?


Landlord signing a tenancy agreement.
What is a tenancy?

A tenancy describes the period of occupancy that the tenant resides in the landlord’s property. A tenancy is not absolute ownership of the dwelling. A tenancy includes a periodic tenancy and a tenancy for a fixed term. A tenancy may be oral or in writing or implied. It also includes a sub-tenancy.

Please note that since the 15 July 2009 the definition of tenancy under the Residential Tenancies Act 2004 no longer includes tenancies where the term of the tenancy is more than 35 years. If the term of a tenancy exceeds 35 years then it is not a tenancy which must be registered with the RTB.

A tenancy agreement, also known as a lease, is an instrument in writing containing a contract of tenancy in respect of a dwelling. It is a legally binding contract between a tenant and a landlord stipulating the terms, conditions and responsibilities of both parties to the agreement for the duration stated in said agreement. It does not matter whether the written instrument is under seal or not.

The tenancy agreement should include the parties to the lease, the terms of the rent agreed, the terms of the agreement and dates, all specific rules that the landlord wishes to impose, the details of the property and a signature from all parties to the tenancy.

The tenancy commencement date will depend on the circumstances of each individual tenancy. It is the date on which the tenant typically moves in and the tenancy agreement is signed by the tenant.

To view our available rental properties where a tenancy may be commenced, click here.

What is a license?

A license is not a tenancy and therefore (save for one exception) the Residential Tenancies Act 2004 does not apply to such an arrangement. A license can be best described as a permission to enter onto and/or occupy a dwelling (without which a trespass would occur). The period of occupancy is far shorter for a license than for a tenancy. Examples of a license are a person staying in hotel, hostel or guesthouse or a person sharing a house with the owner.

Phil Thompson

Phil Thompson, Sales Director.

I get asked by South County Dublin Home Sellers how to get the best price for their home all the time!

So, if you are struggling to know what your home could achieve in the market right now and would like some clarity, fill out the form below for a 10-minute call.

What Phil’s happy customers say …

“…which literally added tens of thousands to the price achieved


We achieved a sale price far in excess of what we expected


“… helping us achieve the best possible result for the sale


There is no obligation to engage our services once you receive your phone property consultation from Phil

"*" indicates required fields

When do you wish to sell?*
This field is for validation purposes and should be left unchanged.

By submitting this form you agree to our privacy and cookie policy

Privacy Policy

Pagespeed Optimization by Lighthouse.