Moving in checklist for tenants
It is a good idea to take photographs of the property before the commencement of a new tenancy, and if possible date them. Similarly, photos should be taken before moving out of the dwelling. This is important should a dispute arise regarding the condition of the property when the tenancy ends
Who is the landlord?
It is important to know the name of the landlord. If dealing with an agent, a tenant is entitled to the full name and contact details of the landlord(s) under the Housing Rent Book Regulations Act 1993. Even if dealing with an agent or landlord representative throughout a tenancy, in the event of a dispute, the tenant can only refer an application for dispute resolution against the landlord. Check the RTB database of dispute resolution outcomes here.
In general in the first six months of a tenancy the landlord or tenant can terminate without a reason but this cannot be done in a fixed term tenancy. Tenants cannot terminate a fixed term lease unless the landlord has not agreed to assign or sublet the tenancy.
Rights and responsibilities
Tenants and landlords should be familiar with their rights and responsibilities. Click here for more information on rights and responsibilities.
The landlord should provide the tenant with their contact details or the contact details of any agent working on their behalf.
Check RTB database of dispute outcomes
We recommend that tenants and landlords search the RTB database for all dispute outcomes before renting a property.
Moving in checklist for landlords
It is a good idea to take photographs of the property before the commencement of a new tenancy, and if possible to date them. Similarly, photos should be taken of the property before the tenant moves out. This is important should an issue arise regarding the condition of the property when the tenancy ends.
It is really important to obtain a tenant’s PPS number before a tenancy commences. A PPS number is a unique identifier, and in the event of a dispute, the RTB will have an improved chance of tracing a tenant(s) address if a PPS number is supplied. Without a PPS number, the RTB may not be able to locate the tenant and may not be in a position to process your dispute.
A landlord should check a tenant’s references:
- Landlords should search the RTB website for all dispute outcomes involving tenants before renting out their property
- Landlords should be familiar with their rights and responsibilities as well as those of their tenant(s).
- Landlords should provide the tenant(s) with their contact details or those of the agent.
- Landlords should get the tenant(s) contact details.
- Check out Revenue.ie to get further information on taxation implications on rental income and deductions.
Rent Pressure Zones
In the case of a new tenancy in a rent pressure zone, a landlord is required to furnish the tenant, in writing, with the following information at the commencement of the tenancy:
(i) The amount of rent that was last set under a tenancy for the dwelling;
(ii) The date the rent was last set under a tenancy for the dwelling;
(iii) A statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to the rent pressure zone formula.
How is an area designated a Rent Pressure Zone?
From 4th June 2019, for the purposes of assessing whether an Local Electoral Area should be designated as a Rent Pressure Zone (RPZ) , there are now three standardised average rents that will be used.
The data from the RTB Rent Index, which is produced on a quarterly basis, underpins the analysis of areas for RPZ designation.
As well as the annual rate of rent inflation criteria, the standardised average rent used will depend on where the LEA is located.
Dublin areas will remain comparable to the national standarised average rent.
The 'Greater Dublin Area' (Kildare, Wicklow, Meath), excluding Dublin, will be compared to a new criteria which is the national standardised average rent excluding Dublin.
The rest of the country - areas outside 'The Greater Dublin Area' and Dublin - will be compared to an 'outside GDA' standardised average rent.
Landlords should note that if their tenancy was already in existence at the point of the area being designated, they will remain in the 24 month rent certainty measures for the next rent review.
Exemptions to the Rent Pressure Zone rental cap
It is important to remember that not all properties in Rent Pressure Zone areas are subject to the 4% rent restriction. Exempt properties include properties that have not been rented for a period of two years prior to the immediate tenancy commencement date, and those that have undergone a 'substantial change in the nature of the accommodation'.
There have been changes to the legislation effective from 4th June 2019 relating to the exemption rules and criteria as set out below. The following exemptions may be applied by landlords:
Exemption 1: The initial setting of the rent on a dwelling which had not been rented for a period of two years prior to the immediate tenancy commencement date. All rent reviews thereafter must adhere to the Rent Pressure Zone formula.
Exemption 2: A 'substantial change' in the nature of the accommodation has been defined in the legislation and will only be deemed to have taken place where the below criteria is met:
“the works carried out to the dwelling concerned -
(i) consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997)) of the dwelling by an amount equal to not less than 25% of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works,
(ii) in the case of a dwelling to which the European Union (Energy Performanceo of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings,
or any 3 or more of the following:
the internal layout of the dwelling being permanently altered;
the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;
a permanent increase in the number of rooms in a dwelling;
in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or
in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of C3 of higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings.