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Private Rented Accomodation
Reistering a property with the PRTB
Registering a property with the PRTB
Registering a Property with the PRTB
Privately rented accommodation must be registered by the landlord with the Private Residential Tenancies Board and a registration fee paid. Each registration must be renewed after 4 years, but if the tenancy changes within that period a new registration fee applies.
Registration of Rented Houses Frequently Asked Questions
- What houses must be registered?
- When must a landlord register a house?
- How do I register a house?
- What information must be supplied?
- Where is the register kept?
- Who may inspect the register?
- Will information other than that in the register be revealed?
- Is there a fee for registration?
- How long does registration last?
- What should I do if I think my rented accommodation does not comply with the Regulations?
- Current legislation in respect to private rented accomodation?
1. What houses must be registered?
The provisions of the Act, including the requirements to register, apply to the vast majority of private rented dwellings. However, there are certain dwellings that are excluded, including:
- Business premises
- A dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies (i.e. formerly rent controlled dwelling occupied by the original tenant or his/her spouse)
- A dwelling let by a Local Authority or Voluntary Housing Body
- A dwelling occupied under a Shared Ownership Lease
- A holiday let
- A dwelling in which the landlord is also resident
- A dwelling in which the pouse, parent or child of the landlord is resident and there is no written lease of tenancy agreement
2. When must a landlord register a house?
All existing tenancies must be registered with the Board within 3 months from the 1st September 2004. All new tenancies must be registered within that period or within 1 month of the commencement of the tenancy, which ever is the later.
3. How do I register a house?
To register a tenancy a landlord must complete a Registration Form (PRTBI) that will be provided by the Board. This Form must be signed by the landlord or authorised agent and all the tenants. This Form is also available from the Local Authority Housing Sections and can be downloaded from the Irish eGovernment website.
The Private Residential Tenancies Board, PO Box 11884, Dublin 2 (Tel. No. 01/8882960 Fax. No. 01/8882819)
4. What information must be supplied?
A number of key pieces of information must be provided in the registration application. These include:
- The address of the dwelling
- The name, address and PPS number of the landlord and any authorised agents of the landlord
- The number of occupants of the dwelling
- The name and Personal Public Service Number (PPSN) of the tenant(s) of the dwelling (Note: prospective tenants should be aware that the PPSN is required for registration and they should be prepared to provide it to the landlord)
- A description of the dwelling including the number of bed spaces
- The date the tenancy commenced
- The amount o f rent payable and payment intervals
5. Where is the register kept?
The Board maintains a published register which is available for public inspection at the office of the The Private Residential Tenancies Board, PO Box 11884, Dublin 2. (Tel. No. 01/8882960).
6. Who may inspect the register?
Any person may inspect the register.
7. Will information other than that in the register be revealed?
The published register will not contain any information that could lead to the disclosure of the identity of the landlord or tenant(s) or rent payable.
8. Is there a fee for registration?
The fee payable to register a tenancy is €70. If a landlord is registering a number of tenancies in a single building at the same time and within the specified time limits, a composite fee of €300 is available. A fee of €140 will apply to late registrations.
No fee will be charged where in the previous 12 months, the landlord registered the tenancy with the Local Authority under the 1996 Regulations and paid the appropriate fee in respect of it.
No fee will be charged where 2 registrations to the PRTB, accompanied by an appropriate fee and made within the required period, have been made in respect of the same dwelling in the previous 12 months.
A single registration fee is payable in respect of a tenancy shared by a number of tenants. However, should separate tenancy/letting agreements exist between the tenants and the landlord. It will be necessary to register each tenancy and pay the appropriate fee separately.
9. How long does registration last?
One year from the date the letting commenced, when renewal of registration becomes due, if the house continues to be rented.
10. What should I do if I think my rented accommodation does not comply with the Regulations?
Complaints may be made to the The Private Residential Tenancies Board, PO Box 11884, Dublin 2. (Tel. No. 01/8882960 Fax. No. 01/8882819).
Complaints must be made in writing. The matter will then be investigated by the PRTB.
PRTB will investigate complaints, but complainants should be aware that the inspection may take some time to arrange. Therefore, dangerous faults in your accommodation, such as those involving gas or electricity, should be notified to your landlord at once, and if necessary, to the appropriate authority, e.g. Bord Gais or E.S.B.
11. Residential Tenancies Act 2004
The Residential Tenancies Act 2004 contains far-reaching reforms of the private rented sector, based on the recommendations of a Commission on the Private Rented Residential Sector published in July 2000.
A large portion of the Act will come into operation on 1 September 2004, including: improved security of tenure through a system of 4-year tenancy cycles; new tenancy termination procedures, including longer notice periods linked to length of tenancy; establishment of a statutory Private Residential Tenancies Board (PRTB); a new system of tenancy registration with the PRTB; voluntary renunciation of the right to long-occupation equity leases; higher penalties for offences relating to standards and registration of private rented accommodation; and extension of local authority powers to address anti-social behaviour.
Provisions in the Act for a new dispute resolution service through the PRTB instead of the Courts, involving mediation or adjudication and tenancy tribunal hearings, will come into operation later this year, as will other provisions connected with the dispute resolution process. These include provisions setting out clearly the statutory tenancy obligations of landlords and tenants and providing that landlords will not be entitled to seek a rent greater than the market rate and that rent reviews (whether up or down) may not occur more than once a year unless warranted by substantial change in the accommodation. The Act will be fully in force before the end of 2004.
The role of the PRTB, in addition to providing a State-subsidised dispute-resolution service for private sector tenants and registered landlords and operating the new tenancy-registration system, will include a range of monitoring, research, information and policy-advice functions in relation to the private rented sector.
The Act is the core element of the Government’s overall programme to promote reform and development of the private rented sector. Strategic action to promote improvement in accommodation standards will be pursued, other measures to encourage development of the sector will be examined, and the legislation itself is likely to be developed further over time.
Meanwhile three key changes from 1st September include:
- Tenancies lasting 6 month can only be terminated on specified grounds and by notice under the Act.
- Landlords must register with the PRTB with incentives for doing so and strong sanctions for non-compliance.
- Leases and tenancy agreements should reflect the new legislation.
A detailed summary of the main provisions of the Act is available at www.environ.ie
For further information contact:
Private Residential Tenancies Board: 01 8882960
Rent Supplement
If you are living in private rented accommodation in Ireland and receive a social welfare or health board payment, you may qualify for a rent supplement from your local health board.
The amount of rent supplement will be calculated by the health board's Community Welfare Officer and will generally ensure that your income after paying rent does not fall below a minimum level. This level is the Supplementary Welfare Allowance minus 13 euro (26 euro for social welfare pensioners aged over 65).
Rent supplement is paid by a weekly or a monthly cheque, usually in arrears.
Rules
You may be eligible for rent supplement if:
- You are not in full-time education (with some exceptions)
- You are not in full-time employment (employment for 30 hours per week or more). If you are a new applicant and your spouse is in full-time employment, you will not now be eligible.
- You are not involved in a trade dispute
- You are a tenant and the accommodation is suitable to your needs
- Your income after you have paid your rent is less than the basic Social Welfare Allowance minus 13 euro.
- You have, if required to, applied for local authority housing
- You have not left a local authority home without good reason
- You have not been excluded from a local authority housing list because you refused to accept a reasonable offer of accommodation. Anyone who refuses accommodation twice from housing authorities or other approved bodies within a 12-month period beginning on or after 31 January 2004 is not eligible for Rent Supplement.
- You have been refused housing, evicted or excluded by a local authority on the grounds of anti-social behaviour
- You need accommodation, you cannot afford to pay rent, the rent is reasonable compared with similar accommodation in the area.
From 31st January 2004, new applicants for Rent Supplement must have been in rented accommodation for at least 6 months in total in the previous 12-month period.
This requirement does not apply to certain people, such as people aged 65 or over or people receiving certain disability payments. Periods spent in hospital, prison etc., may count towards the 6 months.
Appealing a decision made by the Health Board
- If you are not satisfied with a decision made in relation to rent supplement, first find out why the decision was made by asking the Community Welfare Officer.
- If you have any extra documentation to back up your case, give this to the Community Welfare Officer.
- Then talk to the Senior Community Welfare Officer about the decision. He/she can change the decision if your case deserves it.
- If the decision is not changed, then ask for an appeal form. Put in as much detail as possible and keep photocopies of everything.
- If your appeal is not successful, you are entitled to have the appeal referred to the Chief Appeals Office in the Social Welfare Appeals Office.
- You can ask for a face-to-face hearing and you can bring along a representative to help you argue your case.
Rates
The amount of rent supplement will be worked out by the health board's Community Welfare Officer and will generally ensure that your income, after paying rent, does not fall below a minimum level.
This level is the Supplementary Welfare Allowance minus 13 euro (26 euro for social welfare pensioners). Family Income Supplement is also disregarded in the standard means test for Rent Supplement.
Health boards set a maximum rent level for each area. This means that if your actual rent is above this level, you will only get rent supplement based on the local maximum set by the health board. If your actual rent is significantly higher than the local maximum, you may be refused rent supplement altogether.
Maximum rent levels for each Health Board
Class of person Mid-Western Health Board
- Single person in share accommodation 60 euro per week
- Couple in shared accommodation 63 euro per week
- Single person 95 euro per week
- Couple with no children 130 euro per week
- Couple with 1 child or One-parent family with 1 child 150 euro per week
- Couple with 2 children or One-parent family with 2 children 170 euro per week
- Couple with 3 children or One-parent family with 3 children 185 euro per week
