Residential Tenancies Board

Introduction

The Residential Tenancies Board was set up under the Residential Tenancies Act 2004. It was formerly called the Private Residential Tenancies Board (PRTB) but its name was changed to the Residential Tenancies Board (RTB), when approved housing bodies (housing associations) were brought under its remit by the Residential Tenancies (Amendment) Act 2015.

The RTB's main functions are to:

• Maintain a register of private residential tenancies, tenancies of approved housing bodies and student-specific accommodation tenancies
• Provide a dispute resolution service for tenants and landlords
• Carry out research into the private rented sector
• Provide policy advice to the Government on the private rented sector

The Residential Tenancies (Amendment) Act 2019 provides the RTB with additional powers to regulate the rental sector. The RTB has a new investigations and sanctions unit with the power to:

• Investigate tenancy agreements with or without a formal complaint
• Caution or sanction landlords with a fine of up to €15,000 if they do not meet their obligations as a landlord

The RTB uses these powers to monitor and enforce the legislation, particularly in relation to Rent Pressure Zones and termination of tenancy notices.

Residential Tenancies Acts

The Residential Tenancies Acts 2004 to 2020 deal with the regulation of the mainstream private rented housing sector and the approved housing body sector. The Residential Tenancies (Amendment) Act 2019 brought student-specific accommodation under the remit of the RTB in July 2019. This means that tenants in student-specific accommodation have most of the same rights as private tenants.

The Acts set out the rights and obligations of both landlords and tenants in these sectors. They do not apply to certain types of rented property – see ‘Exclusions from scope of Acts’ below.

COVID-19 and renting

Since March 2020, there have been a number of different protections put in place to support tenants during the COVID-19 pandemic, some of which have expired and others which overlap, see below.

In October 2020, an eviction ban was introduced for any period when people’s movement is restricted to 5 kilometres from their home as part of COVID-19 restrictions. This means that tenants cannot be evicted when the country is at Level 5 of COVID-19 restrictions from 31 December 2020 to 31 January 2021 and for a ten-day grace period after this. Under this legislation evictions can take place in limited circumstances, for example, for anti-social behaviour. Any time these protections are in operation they have an ongoing effect on notice periods and the calculation of Part 4 tenancies. You can read more about this in our document Renting and COVID-19.

There are also rental laws to protect tenants economically affected by COVID-19, who have fallen into rent arrears and are at risk of losing their tenancy. These protections include a rent freeze and a 90-day notice period when ending a tenancy. The protections ran from 2 August 2020 to 10 January 2021 under the Residential Tenancies and Valuation Act 2020, and were then replaced with the Planning and Development, and Residential Tenancies Act 2020 from 11 January 2021 to 12 April 2021. The steps landlords and tenants must follow to access these protections changed under the most recent legislation see Rent arrears due to the financial impact of COVID-19. You can read more about this in our document Renting and COVID-19.

In March 2020, a range of protections were put in place for people affected by the pandemic under the Emergency Measures in the Public Interest (COVID-19) Act 2020. These protections, which included a ban on eviction notices and rent increases, have now expired. However, they still have an effect on notice periods and the calculation of Part 4 tenancies.