The Residential Tenancies Acts 2004-2020 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. Section 12 of the Acts sets out a landlord's obligation relating to a tenancy including that a landlord must allow a tenant of a rented dwelling to enjoy peaceful and exclusive occupation of that dwelling.
A tenant or landlord may need to contact An Garda Síochána in the event of a breach of the peace.
A landlord is only allowed to enter a rented property with the tenant’s permission or in an emergency. The tenant should agree with the landlord a mutually convenient time to facilitate any viewing so as to minimise disruption. The Residential Tenancies Board (RTB) provides a dispute resolution service, including a telephone-based mediation service, for registered landlords and all tenants in the private rented sector.
Carrying out an illegal eviction, which includes prohibiting access to the property or making the property uninhabitable by disconnecting services, can result in damages of up to €20,000 being awarded to the tenant. The RTB can seek an injunction from the Courts to reinstate the tenant and will continue to prioritise these cases.
The Residential Tenancies (Amendment) Act 2019 empowers the RTB to investigate and sanction improper conduct by a landlord, including in relation to unlawful tenancy terminations.
Any house rules that might be agreed between a landlord and a tenant at the start of a tenancy must not contravene any legal right of either party including those provided under the Equal Status Acts 2000-2015. The Equal Status Acts, which fall under the remit of my colleague, the Minister for Justice and Equality, prohibit (subject to some exemptions) discrimination in the provision of accommodation on any of the following 10 grounds:
- gender;
- civil status;
- family status;
- sexual orientation;
- religion;
- age;
- disability;
- race;
- membership of the Traveller community; and
- housing assistance.
Further information from the RTB is available at www.rtb.ie and through the RTB helpline - Lo-call on 0818 30 30 37 or 01 702 8100 - available from Monday to Friday, 8:30am to 6.30pm.
