What is a landlord:
A landlord is the owner of a property who leases or rents it to another person. The person who rents the property is a tenant. The agreement between the landlord and tenant is a tenancy.
A landlord must:
- Register their tenancy within one month of the start of the tenancy. You can register online.
- Give the tenant a rent book and receipts of payment
- Make sure the property is in good condition
- Maintain the property to the standard it was in at the start of the tenancy.
- Reimburse the tenants for any repairs they carried out on the structure that they requested with the landlord which the landlord did not carry out within a reasonable time
- Insure the property
- Pay property taxes and any other charges that the tenant is not responsible for
- Provide the tenant with contact details (or for the agent working on the landlords behalf)
- Give the tenant a written notice of termination at the end of the tenancy (sample notices can be found here)
- Return the tenants deposit promptly at the end of the tenancy, unless lawfully withheld. A landlord can deduct any rent arrears, outstanding bills, or the cost of damages in excess of normal wear and tear to the accommodation. If a tenant terminates a tenancy early, a landlord can deduct for losses incurred.
- Schedule a property inspection. Landlords are encouraged to carry out regular inspections of their properties
- Make sure there are refuse bins available for the tenant
By law, a landlord cannot refuse to rent a property to someone because of their gender, martial status, family status, sexual orientation, religion, age, disability, race, receipt of State housing payments (such as HAP), or membership of the Travelling Community.
While renting a property, a tenant is responsible for:
- Paying their rent in full and on time
- Keeping the property in good order and telling the landlord when repairs are needed. Tenants must give the landlord and those carrying out repairs access to fix the maintenance issues
- Ensuring they do not harm the property e.g. drying clothes inside without proper ventilation as this may cause damp to spread
- Allowing a landlord to carry out inspections of the property at reasonable intervals on an agreed date and at an agreed time with the tenant
- Letting the landlord know who is living in the property. A landlord is entitled to know who is living in the property
- Not engaging in anti-social behaviour
- Complying with the terms of the tenancy agreement, whether written or verbal
- Giving proper notice when they plan to end the tenancy
- Keeping a record of repairs, payments and dealings with the landlord
- Ensuring they don’t do anything that could affect the insurance premium on the property e.g. engaging in hazardous acts
The rights of a landlord are set out in the Residential Tenancies Act (2004, as amended). Under this Act, a landlord has the right to:
- Set the rent of the property, and receive the rent in full from the tenant on the date it is due
- End the tenancy in the first six months without reason if there is no fixed term lease in place. After six months, a landlord can terminate a tenancy for certain reasons.
- Be told who is living in the property, and decide whether to allow the tenant to sub-let or assign the property (this does not apply to Approved Housing Body landlords)
- Be informed about any repairs needed and be given reasonable access to fix them
- Refer any disputes to the RTB
Tenants rights are set out in the Residential Tenancies Act (2004, as amended). Under this Act, a tenant has the right to:
- A property that is in good condition – this means that it must be structurally sound, have hot and cold water, and adequate heating. The electricity and gas supply must be in good repair and all appliances must be working
- Privacy – the landlord can only enter the property with the tenants permission, unless every attempt has been made to contact the tenant
- A rent book, a written contract or lease with the landlord
- Be told about any increase in rent
- Be able to contact the landlord or their authorised agent at any reasonable time
- Be paid back monies from the landlord for any required repairs the tenant carried out on the property that they asked the landlord to fix but which they did not carry out within a reasonable timeframe
- A valid notice of termination before the end of a tenancy
- Refer a dispute to the RTB