The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords in the sector and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations.
The Residential Tenancies Act 2004 applies to every residential dwelling that is the subject of a tenancy and that does not fall within any of the exemption categories set out in section 3 of the Act. Section 134 of the Act places a legal obligation on the landlords of such dwellings to apply to the PRTB to register the tenancies and such application is to be made within one month from the commencement of the tenancy. The legal obligation to register a tenancy rests solely with the landlord.
The cost of registration is €90 for a single tenancy. Where the tenancy is registered more than one month after the commencement of the tenancy an additional late fee of €90 is payable.
The PRTB enforces tenancies registration requirements in accordance with the provisions of the Act, specifically sections 144 and 145, which provide for the issuing of notices to landlords and/or occupiers of the dwellings in question and the prosecution of offenders for non-compliance with the registration requirement.
While the Act makes provision for the exchange of information between the Revenue Commissioners and the PRTB the Revenue Commissioners do not have any role in enforcing the obligation on landlords under the Act to register tenancies.
