If you pay rent to a landlord for the use of accommodation or property you are a tenant. Your legal rights and responsibilities derive from landlord/tenant law as well as from any lease or tenancy agreement between you and your landlord.
The main legislation governing these rights and obligations is set down in the Landlord and Tenant Acts 1967 to 1994 and the Residential Tenancies Act 2004 (pdf). The following is a general overview of your rights, duties and obligations as a tenant, however, if you are living with your landlord you are not covered by landlord/tenant legislation.
Leases or other tenancy agreements cannot take away from your rights under the Residential Tenancies Act 2004. However, you and your landlord can agree on matters that are not dealt with in the Act. You should note that the provisions of the Residential Tenancies Act only apply to mainstream private rented housing and that local authority tenants and tenants who live in their landlord's home (e.g. under the Rent a Room Scheme) are covered by different laws. You can find out more about local authority tenancies here and about your landlord’s rights and obligations here.
If you are paying income tax, you may be eligible for tax relief on part of your rent. There are special arrangements that you have to make about this tax relief if your landlord is living outside the State. Read more in our document on tax relief for tenants.
You have the right to security of tenure in four-year cycles under Part 4 of the Residential Tenancies Act 2004. A tenancy that is guaranteed in this way is called a Part 4 tenancy. If you intend to avail of protection under Part 4 of the Residential Tenancies Act 2004 (e.g. stay in the property for up to 4 years) you should inform your landlord in writing between 3 months and 1 month before the expiry of your fixed-term tenancy of lease ageement. You can read more about types of tenancy here.
You must:
You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.
If you feel your rights as a tenant have been infringed, you do have some methods of redress.
Our document on resolving disputes between landlords and tenants describes several options.
Threshold provides a free advice and information service to people with housing problems. It has offices in Dublin, Cork and Galway.
In the case of disputes regarding private tenancy agreements, you may take your case to the Private Residential Tenancies Board who provide a dispute resolution service for the private rented sector.
If you feel your rights as a local authority tenant have been infringed, you should contact the Housing Department of your local authority.
If your landlord is not maintaining the property to the proper standards you can contact your local authority (Local authorities are responsible for standards in the private rented sector and in local authority housing).
PO Box 11884
Dublin 2
Ireland
Tel:+353 (0)1 635 0600
Fax:+353 (0)1 635 0601
Homepage: http://www.prtb.ie/
Email: information@prtb.ie
21 Stoneybatter
Dublin 7
Ireland
Tel:(01) 678 6096
Fax:(01) 677 2407
Homepage: http://www.threshold.ie
Email: advice@threshold.ie
22 South Mall
Cork
Ireland
Tel:(021) 427 8848
Fax:(021) 480 5111
Homepage: http://www.threshold.ie
Email: advicecork@threshold.ie
3 Victoria Place
Merchant's Road
Galway
Ireland
Tel:(091) 563 080
Fax:(091) 569 273
Homepage: http://www.threshold.ie
Email: thresholdgalway@eircom.net
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.