Private rented dwellings must, by law, be registered with the Private Residential Tenancies Board (PRTB) which was established under the Residential Tenancies Act 2004. Under this legislation a tenancy must be registered within one month after the commencement of the tenancy. In all circumstances where the tenancy is being registered more than one month after the commencement of the tenancy an additional fee of €90 is payable for these late registrations.
The Residential Tenancies Act 2004 does not provide for any exemptions from the requirement to pay the late fee. As such , the PRTB has no power to waive the late fee in any case regardless of the circumstances or the reasons for the delay.
The Residential Tenancies (Amendment)(No. 2) Bill 2012, which has passed all stages in the Dáil and is currently before the Seanad, will amend section 137 of the 2004 Act to provide for penalties for late registration on an ascending scale. The purpose of this amendment is both to incentivise early registration and to make the system fairer since under the current provision a landlord who registers a tenancy a year late is subject to the same penalty as a landlord who registers a tenancy a day late. The proposed amendment provides that the late fee will be an additional €20 for each month that the landlord is late registering the tenancy.