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Tenants’ rights and obligations

Information

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.

Rules

Rights as a tenant in private rented accommodation

  • You are entitled to quiet and exclusive enjoyment of your home
  • You are entitled to certain minimum standards of accommodation
  • You are entitled to a rent book
  • You have the right to contact the landlord or their agent at any reasonable times. You are also entitled to the appropriate contact information you need to do so (telephone numbers, email addresses, postal addresses, etc.)
  • Your landlord is only allowed to enter your home with your permission. If the landlord needs to carry out repairs or inspect the premises, it should be by prior arrangement, except in an emergency
  • You are entitled to reimbursement for any repairs that you carry out that are the landlord's responsibility
  • You are entitled to have friends to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must tell your landlord about an extra person moving in
  • You are entitled to a certain amount of notice of the termination of your tenancy
  • You are entitled to refer any disputes to the Private Residential Tenancies Board (PRTB) without being penalised for doing so
  • You have the right to a copy of any register entry held by the PRTB dealing with your tenancy
  • Since 1 January 2009, all homes for rent must have a Building Energy Rating (BER). A BER will inform you how energy-efficient the home is. It will help you make an informed choice when comparing properties to rent.

Security of tenure

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.

Obligations of a tenant in private rented accommodation

You must:

  • Pay your rent on time
  • Keep the property in good order
  • Inform the landlord if repairs are needed and give the landlord access to the property to carry out repairs
  • Give the landlord access (by appointment) for routine inspections
  • Inform the landlord of who is living in the property
  • Avoid causing damage or nuisance
  • Make sure that you do not cause the landlord to be in breach of the law
  • Comply with any special terms in your tenancy agreement, verbal or written
  • Give the landlord the information required to register with the PRTB and sign the registration form when asked to do so.

You should note that it may be more difficult to assert your rights if you have broken conditions of your tenancy.

How to apply

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).

Where to apply

Private Residential Tenancies Board

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

Threshold

21 Stoneybatter
Dublin 7
Ireland

Tel:(01) 678 6096
Fax:(01) 677 2407
Homepage: http://www.threshold.ie
Email: advice@threshold.ie

Threshold

22 South Mall
Cork
Ireland

Tel:(021) 427 8848
Fax:(021) 480 5111
Homepage: http://www.threshold.ie
Email: advicecork@threshold.ie

Threshold

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

Page updated: 6 July 2011

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Related Documents

  • Rent increases in Ireland
    Rent increases in Ireland are governed by the provisions of the Private Residential Tenancies Act 2004. Information about when a landlord can raise the rent and when tenants can request a review of the rent.
  • Types of tenancy in Ireland
    Periodic and fixed-term tenancies are the most common type of tenancy in Ireland. Tenants have security of tenure for 3 ½ years after an initial six-month period. This is called a Part 4 tenancy.
  • Landlords’ rights and obligations
    Landlords in Ireland have certain rights and obligations. These rights and responsibilities derive from landlord/tenant law as well as from any written or verbal tenancy agreement between landlord and tenant.

Contact Us

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.