Update on Residential Tenancies from a Landlord's perspective

The law governing residential tenancies is the Residential Tenancies Act 2004, the Residential Tenancies (Amendment) Act 2015 and The Planning and Development (Housing) and Residential Tenancies Act 2016.  These Acts apply to private lettings only.  Under this legislation Landlords have rights and obligations and must register any tenancy with the Residential Tenancies Board 

Rights as a Landlord

  1. The right to set the rent once every two years according to the current market rent (apart from rentals in a ‘rent pressure zone’)
  2. The right to receive a rent from a tenant on the date it is due, the right to pay any charges relating to the property e.g. taxes and duty.
  3. The right to end the tenancy without reason within the first six months of the Lease Agreement.(unless it is a Further Part 4 Tenancy)
  4. The right to be informed who is living in the property.
  5. The right to decide to allow subletting by the tenant.
  6. The right to be informed of any repairs needed and be granted reasonable access to the property to fix them.
  7. The right to refer disputes to the Residential Tenancies Board.

Obligations as a Landlord.

The Landlord has the following obligations:-

  1. The obligation to register the tenancy with the Residential Tenancies Board.
  2. The obligation to provide the tenant with a rent book and receive the payment where requested.
  3. The obligation to ensure that the property is in good condition.
  4. The obligation to maintain the property to the standard it was at, at the start of the tenancy.
  5. The obligation to reimburse the tenant for any repairs carried out on the structure.
  6. An obligation to insure the property.
  7. The obligation to provide the tenant with the Landlord’s contact information and the contact details of any agent who acts on the Landlord’s behalf.
  8. The obligation to give the tenant a written notice of termination of tenancy.
  9. The obligation to return the deposit to the tenant at the end of the tenancy unless lawfully withheld.
  10. The obligation to give the tenants notice of any impending inspections of the property.


From the 1st of January 2016 a Landlord cannot discriminate against a tenant in receipt of rent supplement, housing assistance or any payment under the Social Welfare Acts. This means that advertisements stating that rent supplement will not be accepted are not allowed.

Part 4 Tenancies

Up until the 17th of January 2017 a Tenant had a right to acquire security of tenure and stay in a property for up to four years when they had been renting for at least 6 months and hadn’t been served with a valid written notice of termination.  Therefore, after the first six months a tenancy became known as a Part 4 Tenancy (this refers to Part 4 of the Residential Tenancies Act 2004).  By virtue of the Planning and Development (Housing) and Residential Tenancies Act 2016 the period of Part 4 Tenancy has now been extended from four years to six years.  This six year term applies to all tenancies created after the 24th of December 2016.  A tenancy may be terminated within the first six months without giving a reason but once a Part 4 Tenancy comes into existence it can only be terminated by one of the following grounds:-

  1. There has been a failure to comply with the obligations under the tenancy.
  2. The Landlord intends to sell the dwellinghouse within 3 months of the termination area.
  3. The Landlord acquires the dwelling for own or family member occupation.
  4. Vacant possession is required for substantial refurbishment of the dwelling.
  5. The Landlord intends to change the use of the dwelling.

If you require any further information in relation to the above, please contact Marguerite Phillips, This email address is being protected from spambots. You need JavaScript enabled to view it. of Cashin & Associates 

14th February 2017



This information is intended as a guide only and does not purport to be a legal interpretation. While every care is taken to ensure a quality service, Cashin & Associates does not give any guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of information provided. Users are responsible for confirming information from the full text from published sources. 

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Dublin Office: 64 Francis Street, Dublin 8
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