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Charter for Rented Housing
The statutory changes made in recent years with regard to rented housing constitute a Charter for landlords and tenants. This is an explanatory guide to:
- the Housing (Registration of Rented Houses) Regulations, 1996
- the Housing (Rent Books) Regulations, 1993
- the Housing (Standards for Rented Houses) Regulations, 1993
and certain other matters relating to the letting of residential accommodation.
The information in this page about registration and rent books does not apply to dwellings, which were formerly controlled under the Rent Restrictions Acts. These dwellings are separately registered and tenants have a separate legal entitlement to rent books. The requirements regarding standards for rented accommodation do, however, apply fully to the formerly controlled dwellings.
Any obligation of a landlord described in this page may be carried out on the landlord's behalf by a duly appointed agent.
This page is not a legal interpretation of the Regulations.
Registration of Rented Houses
What houses must be registered?
Houses, including apartments, flats, maisonettes, etc. but not mobile homes or caravans, let for rent or "other valuable consideration" must be registered with the local housing authority (county council, corporation or urban district council) under the Housing (Registration of Rented Houses) Regulations, 1996. There are, however certain exemptions from this requirement such as houses let -
- by a local authority, a Government Department, a health board, a voluntary housing body, a university to a student etc.,
- by a resident landlord where there is not more than one rented house within the house or the curtilage of the house,
- to certain relatives of the landlord (further details below),
- for holiday purposes.
If the tenant is related to the landlord, must the house be registered?
The Regulations do not require registration if a house is let to the landlord's father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, uncle, aunt, nephew, niece, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother or half-sister, or to a person adopted by the landlord under the Adoption Acts, 1952 to1991.
When must the landlord register the house?
In the case of a house let on 1 May 1996, the landlord was required to apply to the local authority to register the house within two months of that date.
In the case of a house let after 1 May 1996, the landlord must apply to the local authority to register the house within one month of the letting.
Is there an application form?
Yes. The landlord must apply in writing to the local authority, on a form, which will be supplied free of charge, by the authority.
What information must be supplied?
The landlord must supply the following information in respect of each letting
-
the address of the house,
- a description of the house, e.g. a whole house, an apartment, a flat, a single room etc.,
- the name and address of the landlord and, if the landlord has duly appointed an agent, the name and address of such agent,
- the name of the tenant,
- the rent and how and when it is to be paid, or the value or nature of any other consideration.
What information is included in the register?
The local authority includes the address of the house, the description of the house and the date of receipt by the local authority of the application in a register kept by the authority and available for public inspection.
Who can inspect the register?
Any person may, during normal office hours, inspect the register, which must be kept by the local authority at an office designated by them for this purpose.
Will the local authority reveal to a member of the public the name of the tenant or the landlord of a house that is included in the register?
No. The information obtained, other than that which is required to be included in the register, is confidential and may not be revealed by the local authority to the public.
Is there a fee for registration?
Yes. Each initial application for registration must be accompanied by a fee of £40. Thereafter, an annual fee of £40 is payable in respect of each house, while the house is rented.
Does the landlord have to re-register the house every time the rent changes or a new tenant is appointed?
No. However, the landlord must update the information to the local authority annually.
What should the landlord do if the house ceases to be let?
If the house ceases to be let and is not being relet, the landlord should notify the local authority in writing. The local authority will then arrange to either delete the entry from the register or note on the register that the house is no longer let.
Rent Books
Who is entitled to a rent book?
Every tenant paying rent for a house, which includes an apartment, flat, maisonette, etc. but not mobile homes or caravans, is legally entitled to have a rent book supplied by the landlord. This applies to houses rented by private landlords, voluntary bodies, local authorities or employers, if a rent is payable. A rent book is not needed for a holiday letting.
When must the rent book be supplied?
The rent book must be supplied to the tenant by the landlord at the commencement of the tenancy.
What is a rent book?
Basically, a rent book is a record of rent and other payments made by a tenant to the landlord. However by law, a rent book must also contain other information related to the tenancy. Usually, a rent book will be in booklet form but it may be in another form provided it contains all the necessary details.
What information must be included in the rent book?
The rent book must include:
- the address of the house
- the name and address of the landlord and of the landlord's agent (if any)
- the tenant's name
- the term (i.e. period) of the tenancy
- the amount of the rent and when and how it is to be paid
- particulars of any payments, other than rent, to be made by the tenant to the landlord for services, e.g. for heating or piped television
- the amount and purpose of any deposit paid by the tenant and the conditions under which it will be refunded by the landlord
- a statement of information which advises tenants of their basic rights
- the date of commencement of the tenancy /li>
- an inventory of furnishings and appliances supplied by the landlord for the tenant's exclusive use.
The last two items need not be included where the tenancy commenced before 1 September 1993.
Who makes the entries in the rent book?
The landlord must enter the information relating to an individual tenancy in the rent book when it is being given to the tenant. Any subsequent changes in this information must be entered in the rent book by the landlord within one month of the change. This would happen if, for example, there was a rent increase or if the landlord appointed a new agent. The landlord is also responsible for recording the rent and other payments that may be needed if any query arises.
How are rent and other payments recorded?
Where rent or other payments for services are made in person by the tenant (or by a person acting for the tenant) to the landlord, the landlord must, at that time either:
- record the payment and sign for it in the rent book, or
- provide a signed receipt containing full details of the payment.
Where payments are made other than in person (e.g. by standing order, bank giro, etc.) the landlord must, within three months, either record and sign for the payment in the rent book or give the tenant a written statement of the payment.
Who holds the rent book?
The rent book should be held and carefully looked after by the tenant. It contains details of the letting that have been agreed between the tenant and the landlord and provides a record of rent and other payments that may be needed if any queries arise. The tenant is however, obliged to make the rent book available to the landlord so that the landlord can make any necessary changes in it and record rent and other payments.
Standards
Are there any standards for rented dwellings?
Since 1 January 1994 landlords of houses including apartments, flats, maisonettes, etc. but not mobile homes or caravans let for rent or "other valuable consideration" have had a statutory duty to ensure that these dwellings comply with certain minimum physical standards. Houses let by local authorities, other than demountable dwellings, are subject to the same standards from 1 January 1998. A house let for "other valuable consideration" would be one where, for example, the occupier provided a service for the owner in return for the right to live in the dwelling.
The standards do not apply to:
- holiday lettings or bona fide temporary lettings, or
- certain communal type accommodation provided by health boards or approved voluntary bodies.
What are the standards?
The standards are set out in the Housing (Standards for Rented Houses) Regulations, 1993. In summary, they require a landlord to:
- ensure that the house is in a proper state of structural repair, i.e. that it is essentially sound with the roof, floors, ceilings, walls and stairs in good repair
- provide a sink with hot and cold water facilities in each dwelling
- provide toilet and bath or shower facilities (further details below)
- provide adequate means for heating, for installing cooking equipment and for storing food
- maintain installations for the supply of electricity or gas in good repair and safe working order
- provide proper ventilation and lighting to each room
- maintain common facilities for cooking, food storage, lighting and heating in good repair and safe working order
- maintain common sinks, toilets, baths/showers and other common areas in good repair and in a clean condition and
- provide a secure handrail for any common stairway.
The landlord is not responsible for anything a tenant is entitled to remove or for repairing glass breakages in windows in any part of a building of which a tenant has exclusive use.
What are the precise requirements for toilet and bathroom facilities?
The tenant must have access to a toilet and a fixed bath or shower.
Flats
If the dwelling is a flat in a building containing two or more flats, a toilet and bath or shower must be provided either:
- in the flat itself, or
- elsewhere within the building but not more than one floor above or below the flat.
In general, there must be at least one toilet and bath or shower for each two flats. However, up to four flats may be served by one toilet or by one bath or shower provided the flats are not intended to be occupied by more than four persons in all (e.g. four bedsitters each occupied by one tenant may be served by a single toilet/bath).
Houses
Where the rented dwelling is a separate house (including a semi-detached or terraced house), the toilet and bath or shower must normally be provided inside the house. However an outside toilet is acceptable where:
- a house is let under a tenancy commenced before 1 January, 1994, in the case of a private house, or before 1 January, 1998 in the case of a local authority house
- a house with an existing letting is being relet to the same tenant or a member of that tenant's household.
Enforcement of the Regulations
Local authorities are responsible for enforcing the legal requirements in relation to registration, rent books and standards described in this
page. Where a tenant considers that any of the requirements are not being observed and is unable to get a satisfactory response from the landlord, the tenant should contact the county council, corporation or urban district council in whose area the rented dwelling is located. (County Councils are responsible for towns with town commissioners). These authorities have powers to investigate any breaches and prosecute offences, which carry penalties of up to £1,000 (€1,270), plus an additional £100 (€127) penalty for every day of a continuing offence.
Termination of Tenancy
A notice terminating a tenancy (i.e. a notice to quit served on a tenant by a landlord or a notice of surrender served on a landlord by a tenant) must be in writing and be served on the tenant or landlord not less than four weeks before the date on which the notice is to take effect (section 16 of the Housing (Miscellaneous Provisions) Act, 1992). These requirements apply to all lettings of residential accommodation, whether by private landlords, local authorities, voluntary housing bodies or otherwise with the following limited exceptions:
- tenancies tied to employment
- tenancies bona fide made for the temporary convenience of a landlord or tenant
- holiday lettings.
Tenancies, where written notice of more than four weeks is already required, are not affected by these requirements.
Seizure of Tenant's Goods
A landlord is prohibited from seizing a tenant's goods as a means of enforcing payment of rent due on a premises let solely as a dwelling (section 19 of the Housing (Miscellaneous Provisions) Act, 1992).
Help with Rents
Assistance towards the rent of private rented accommodation may be available under the Supplementary Welfare Allowance Scheme. Decisions in relation to assistance rest with the local Health Board and applications, which are subject to a means test, are dealt with by the Community Care Service at your local Health Centre (addresses and telephone numbers are listed under Health Boards in the State Services Section towards the front of the telephone directory).
Further Information
Further information and advice may be obtained from:
- your local county council, corporation or urban district council,
- your solicitor or
- Threshold, which is a voluntary body in receipt of grant assistance from the Department of the Environment and Local Government and provides housing advice to tenants and landlords. Threshold has offices at:
Dublin: 19 Mary's Abbey, Dublin 7. -Telephone No. (01) 8726311
Cork: 8 Fr. Matthew Quay, Cork. -Telephone No, (021) 271250
Galway: Augustine House, St. Augustine Street, Galway. -Telephone No. (091) 563080
(Threshold also publishes a model rent book suitable for most lettings).
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