The Residential Tenancies Acts 2004-2020 regulate the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Acts apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions.
Accommodation let under licensing agreements does not fall within the remit of the Residential Tenancies Acts 2004-2016 which protect tenancy agreements only. If there is any doubt as to the type of agreement in place in respect of individual dwellings, for example whether a licence agreement or a tenancy agreement exists, the matter should be referred to the Residential Tenancies Board (RTB) for a determination. Where the RTB determines that a tenancy exists, it can deal with any dispute arising.
Sections 12 and 16, respectively, provide for landlord and tenant obligations under the Residential Tenancies Acts. Section 18 provides that no provision of any lease, tenancy agreement, contract or other agreement may operate to vary, modify or restrict in any way the obligations of landlords and tenants set out in sections 12 and 16.
Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement.
Section 9 of the Residential Tenancies Acts 2004-2020 provides that a person guilty of an offence under the Acts, such as non-registration of a tenancy, shall be liable on summary conviction to a Class B fine of between €2,500 and €4,000 or imprisonment for a term not exceeding 6 months or both. If the offence is continued after conviction, the person is guilty of a further offence every day that the offence persists with a daily fine of up to €500 applicable.
The RTB was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants. A tenant may refer a matter to RTB for dispute resolution services, whether or not the tenancy has been registered. Section 14 of the Acts prohibits a landlord from penalising a tenant for referring any dispute between the tenant and the landlord to the Board for resolution.
Section 28 of the Residential Tenancies (Amendment) Act 2019 inserted Part 7A (Complaints, Investigations and Sanctions) into the Residential Tenancies Act 2004, as amended. Part 7A is fully operational since 1 July 2019 and provides the RTB with enhanced powers of investigation and sanction, in respect of improper conduct by a landlord including failure to register a tenancy. A sanction imposed by the RTB under Part 7A on a landlord in respect of specified improper conduct may include one or all of the following:
(i) the giving of a written caution;
(ii) a direction to pay the RTB a financial penalty up to €15,000;
(iii) a direction to pay up to €15,000 in respect of RTB costs in investigating the matter.
A tenant may make a written complaint to the RTB alleging improper conduct by a landlord under section 148T of Part 7A of the Acts for investigation and sanction.
