The Residential Tenancies Acts 2004-2022 regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me as Minister or this Department to comment on, provide legal advice or to intervene in the specifics of any individual case. All of their mediators, adjudicators and tribunal members have independent decision-making powers, in the same way as judges have within the Court system. As the RTB has replaced the courts in resolving residential tenancy disputes, it has a responsibility towards all parties involved in a dispute to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any decision made is based on the facts and evidence of a given case.
In setting a rent, a landlord cannot exceed the market rent. In general, a rent in respect of a dwelling cannot be reviewed more frequently than annually in a Rent Pressure Zone (RPZ), or biannually outside of a RPZ. In reviewing a rent, a landlord must complete the Notice of Rent Review (available on the RTB’s website) which must be served on the tenant at least 90 days before the new rent becomes payable and requires details of the rent last set for the dwelling and, if the dwelling is in an RPZ, comply with procedures providing for the rent increase restriction and use the Rent Pressure Zone calculator on www.rtb.ie to ensure compliance with the rent setting laws.
A landlord must include details of 3 comparable rents in the Notice of Rent Review.
Where a tenant is unsure as to the validity of a Notice of Rent Review served, he or she may refer the matter to the RTB for dispute resolution, with redress available to the tenant including a possible direction to pay a refund of any unlawful rent amount paid and an amount of damages of up to €20,000.
Since 1 July 2019, the RTB is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts to investigate improper conduct by landlords including unlawful rent setting in RPZs and to impose sanctions, where appropriate. The RTB has the power to impose sanctions if improper conduct by a landlord is found to have occurred, ranging from a formal written caution and/or a fine of up to €15,000 and/or costs up to €15,000.
I have no plans to alter the Residential Tenancies Act in this regard at this time but I do keep the operation of the Acts under constant review and I will make timely amendments, as may be required. The targeting of rent controls to RPZs is necessary to respect and limit the State's interference with the constitutionally protected property rights of landlords. The RTB's dispute resolution service is available to deal with rent setting disputes.
