Irish Independent

Personal Finance

Six top tips to avoid the pitfalls when renting a home

- Sinead Ryan

THE rental market remains as dysfunctio­nal as ever. Ever-rising costs (despite rent control measures), fewer properties and landlords leaving in droves, paints an unhappy place for accommodat­ion seekers to find themselves.

According to the 2016 Census, there are around 500,000 tenants, up 4.7pc since 2011. Rented homes make up 30pc of all dwellings and is the most prominent tenure status in cities (36pc), overtaking home ownership for the first time. This week, I’m looking at the strengthen­ed laws for renters, and what you can expect.

Rent Tenancies Board

The Residentia­l Tenancies Board (rtb.ie) handles disputes from landlords and tenants based on the Residentia­l Tenancies Act 2004.

It offers free mediation and decisions are binding. Most disputes are about deposits, squatting and rent increases. Its latest report shows a 20pc increase in complaints. A massive 92pc of cases found in favour of the tenant when it came to deposits being withheld, and an astonishin­g two in three rent review notices were found invalid. Meanwhile, €1.6m was awarded to landlords last year from non-paying tenants.

Starting a tenancy

Strict rules exist about inventorie­s of contents, fire/safety and minimum standards.

In reality though, tenants often put up with sub-standard or unregister­ed properties such is the market shortage. New legislatio­n is due to allow spot checks based on anonymous tip-offs. Landlords must be registered with the RTB by law, and it’s advisable to keep a record of rent payments in case of dispute. There are 21 RPZs where landlords are limited to rent increases of 4pc a year. Rent must be in line with comparable properties in the area and three examples can be demanded. Exceptions exist where the property is new to the market or has been ‘substantia­lly’ upgraded (usually additional rooms added, rather than cosmetic changes).

Security of tenure

For tenancies commencing before 24/12/16 once you are there six months, you have a right to remain for a further 3.5 years as long as rent is paid.

This is termed ‘Part 4 Tenancy’. For later tenancies, this is increased to 5.5 years. After that, the Part 4 right increases to six years for all tenancies. There are exceptions: if you sign a ‘fixed term’ tenancy, then although it lasts a specific period, irrespecti­ve of the lease, you can still apply Part 4 rules.

Ending a Tenancy

If you are renting less than six months, the landlord does not have to give a reason to evict. For more than that, eviction is only allowed on specific grounds:

■ The tenant has breached their responsibi­lities (eg stopped paying rent);

■ The landlord needs the property for personal/family use. Evidence must be given in the notice of terminatio­n including the intended occupant’s identity, relationsh­ip to the landlord and expected duration of occupation;

■ The landlord wants to sell the property;

■ The property is no longer suited to the tenant’s needs (eg not enough bed spaces);

■ Significan­t refurbishm­ent (not decorative), and the tenant must be offered first refusal if the property become available to rent on completion;

■ The use of the property is changing (eg to commercial from residentia­l letting).

Eviction notice

The notice period depends on how long you have been a tenant, for example:

Under six months – 28 days; 6-12 months – 35 days; 1-2 years – 42 days; 2-3 years – 56 days; 3-4 years – 84 days, etc.

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Rent Pressure Zones
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HOME TRUTHS: Renting has now overtaken ownership in our cities

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