Landlords Guide

2022

In this document we will inform you of your rights, obligations and practices to guide you and your tenant on your journey together as simply as possible.

Your rights as a Landlord

Under the Residential Tenancies Act 2004, landlords have the right to:

To set the price of their rent and receive it as agreed in the tenancy agreement
To carry out frequent inspections of the property, as necessary.
To be notified of any repairs needed and to receive reasonable access to the property to carry out such repairs
To terminate the tenancy with reason.
To review the rent
To refer disputes to the RTB

Your obligations as a landlord By law

Lanldords cannot discriminate against potential future tenants, based on their gender,civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community.
No prospective tenant may be turned away by a landlord on the basis of their gender, marital status, family situation, sexual orientation, religion, age, disability, race, or participation in the traveling community.
Register online at www.prtb.ie or make a rent book available to your tenant (if no written lease is in place) and receipts of rent payment
Your property must be in good condition click here to see what is considered normal damage
Tenants will receive reimbursement for any building repairs made.
Insure the property
Contact details of agents and service providers that you work with on the property have to available to the tenants
Make your contact details available to your tenant if there is no one acting on your behalf
Give your tenant at least 90 days notice for rent reviews
Tenants must be supplied a written notice of termination of tenancy
Return your tenants deposit at the end of tenancy if eligible
Tenants must be given a notice of upcoming inspections of the property.
Disputes should be referred to the RTB

What records must be kept of the contents of the accommodation?

We would advise landlords to keep record in the rent book or the letting agreement of all furnishings and appliances in the accommodation. This helps prevent disputes in the future about damaged or broken items. Taking photos of the property pre tenancy also can help with disputes related to damage caused and broken items in the property.

How often can rent be increased?

Rent can be raised once per year unless there are substantial changes in the property. The tenant must be given at least 90 days written notice prior to making the rent change. As of the 11 of December 2016 in a RPZ (Rent Pressure Zone) a landlord who reviews rent every 12 months can increase rent to a maximum of 2% per year. Outside of an RPZ rent can only be raised 24 months after the tenancy starts There is no limit on how much you can charge for rent unless you exceed ‘market rent’. You must give your tenant at least 90 days of written notice with the sum of new rent and the date it will be implemented

To determine if you’re home is in a Rent Pressure Zone visit: https://www.rtb.ie/calculator/rpz

For more information on RPZs, read further at: https://ckp.ie/faq/what-is-a-rent-pressure-zone

What rights do you have to access your property?

When the property is occupied by a tenant, a landlord may only access the property with the permission of the tenant or in case of an emergency. In the case of repairs being needed the landlord must make arrangements with the tenant to gain access.

What standards must your accommodation meet?

The law demands properties meet a minimum standard, if it does not the landlord may be prosecuted. The onus of the upkeep of these standards falls on local authorities. Minimum standards include:

Hot and cold water must be available
Heating and ventilation systems in the building
Appliances in working order: 4 ring hob, oven, grill, fridge, freezer and microwave
Cooking preparation, storage of food and laundry facilities
Fire blanket and fire alarms
Access to storage facilities
Building is free of damp and of sound structural condition
Electrical wiring, gas, water pipes all in good condition

What taxes must be paid from the rent you receive?

Any rental income received must be taxed. Rental income is taxed on a self assessment operation by Revenue commissioners.

Landlords must fill out Revenues Form TR1 to register for self assessment.

Some expenses can be deducted from tax payable, these are available on Revenue.

Notice periods for the termination of a tenancy by the landlord

NOTICE PERIODS

Duration of Notice period and days

Less than 6 months – 90 days notice

Not less than 6 months but less than 1 year – 152 days notice

Not less than 1 year but less than 7 years – 180 days notice

Not less than 7 years but less than 8 years – 196 days notice

Not less than 8 years – 224 days notice

Read about RTB Notice Periods here.

Reasons to give in the termination of tenancy notice

Not paying rent on time
If the tenant does not follow the obligations of the tenancy
If you plan to refurbish the property substantially
If you plan to change the use of the property
If you plan to sell within the next 9 months

Click Lawful termination of a tenancy to read more.

What to do at the end of the tenancy

Set up an inspection of the property with the tenant
If you gave the tenant an inventory or condition report on the dwelling in the beginning of the tenancy, go through it with them and indicate any new damages / breakages over normal wear and tear
If the property is not clean before the final inspection you should discuss with your tenant how the cleaning should be done. The tenant can clean the property or you can and deduct the cost of cleaning from their deposit
Advise your tenant to close any accounts with utilities e.g. ESB, gas
If possible acquire the tenants new address and phone number so you can forward any correspondence
Arrange the return of keys and refund the deposit

Avoiding disputes with tenants

The following may be useful when trying to avoid disputes with your tenant(s)

Read all prospective tenants references before renting to them
Provide receipts for tenants deposit
Give a copy of the lease agreement to the tenant
Create a list of contents and condition and ask the tenant to sign it
Make the new tenants aware of how all the appliances work and they are familiar with how general and garden waste is to be disposed of
Make a rent book available to the tenant and record all payments if there is not a written agreement
Check in with your tenant that everything is satisfactory and have them sign a dated statement confirming this every 3 months
Deal with reported problems as soon as possible and give updates on your effort to resolve the issue
If possible, resolve issues directly with the tenant. If it needs to go further contact your local Citizens information Centre, if the issue still cannot be resolved contact the RTB

Have any questions? Visit CKP Landlord FAQs

Phone: +35312883688 l E-Mail: enquiries@ckp.ie

1 The Hill, Stillorgan Co. Dublin