Dáil Éireann Debate, Tuesday - 15 October 2024
344. Deputy Marc MacSharry asked the Minister for Housing, Local Government and Heritage the steps she is taking to assist landlords whose tenants are subletting without their permission; her views on the escalating crisis of unscrupulous illegal landlords from a damage, insurance and antisocial behaviour point of view; and if he will make a statement on the matter. [41360/24]
View answerThe Residential Tenancies Acts 2004-2024 (the RTA) regulate the landlord-tenant relationship in the private residential rented sector, and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as quasi-judicial, independent statutory body to operate a national tenancy registration system and to help resolve disputes between landlords and tenants.
Section 16 of the RTA sets out the obligations of tenants under a tenancy, which includes, inter alia, that tenants shall:
• not assign or sub-let the tenancy without the written consent of the landlord, which consent the landlord may withhold,
• not cause a deterioration in the condition of the property beyond normal wear and tear and must reimburse the landlord if this occurs,
• not do anything that would invalidate the landlord’s insurance (or allow others to do this),
• pay any increase in the insurance premium resulting from the tenant’s conduct, and
• not behave in a way that is anti-social or allow others to act in this way.
Further information in relation to tenancy obligations is available at the following link: www.rtb.ie/images/uploads/forms/RTB_Prescribed_Form_Jun_2022_%283%29.pdf.
In general, after six months, a landlord may not serve a Notice of Termination (NoT) except in very clearly defined circumstances. Paragraph 1 of the Table to section 34 of the RTA provides for the termination of a tenancy where the tenant has failed to comply with any of his or her obligations (other than the obligation to pay rent) in relation to the tenancy and, unless the failure provides an excepted basis for termination:
• the tenant has been notified in writing of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and
• the tenant does not remedy the failure within that specified time.
A landlord who has registered their tenancy with the RTB may refer a dispute to the RTB for resolution under Part 6 of the RTA.
