LANDLORD LAWS
÷ As a landlord, you have a duty to ensure that the property you are renting out meets certain standards. For example, hot and cold water must be available to the tenant and there should be a fire blanket and fire detection and alarm systems. Tenants must also have a four-ring hob with oven and grill, a fridge and freezer or fridge freezer, a microwave, a washing machine — and an adequate number of kitchen presses. ÷ Landlords must give adequate written notice of rent increases. There are rules to be followed if evicting a tenant — for example, landlords are not allowed to forcibly evict a tenant through measures such as changing the locks of a property or switching off the water or power. Should you breach any of these rules, you could have to pay damages of up to €20,000 to your tenant. “Where it is found that there has been a breach of obligations in any regard, an adjudicator or tribunal may award damages of up to €20,000,” said a spokesman for the Residential Tenancies Board (RTB), which helps resolve disputes between landlords and tenants. “RTB decision-makers must consider the circumstances of each case and have regard to the loss and inconvenience suffered as this is the key element when determining an award of damages. If there has been a dramatic impact on those involved, this will affect the amount damages awarded.”
EVICTIONS & RENT INCREASE NOTICES THE LAWS IN PLACE FOR LANDLORDS
÷ Landlords must comply with a raft of legislation including the Residential Tenancies Act (which outlines the rights and obligations of landlords and tenants), the Housing Standards for Rented Houses Regulations (which ensure rented houses meet minimum standards), the Equal Status Acts (which forbid discrimination), as well as laws around the provisions of rent books. “Legislation governs actions from the choosing of a tenant to the ending of a tenancy,” said Stephen Faughnan of the IPOA. “Landlords must be very careful around notices that are served as notices are really technical and if an item is wrong, they are invalid. They also need to be aware that not knowing the legislation or getting a minor item wrong can cost them thousands — particularly around terminating tenancies for rent arrears.”
THE RENTAL CONTROL RULES
÷ Under rent control rules, landlords who own a property in a rent pressure zone can only increase rent by up to 4pc a year and by no more than the market rent — unless the property qualifies for an exemption. The Government is planning to tighten up the rent control rules under a new law and to make it an offence for landlords to break the rent caps. That new law will also provide powers to the RTB to investigate and prosecute landlords who breach the rent caps. “Currently, an offence might give rise to a criminal conviction and a fine of up to €4,000 and/or six months imprisonment — if convicted,” said a spokesman for the Department of Housing. “In addition to the court-imposed fines, the landlord will also have to pay the RTB’s legal costs.” Under the new law, “an offence might warrant a financial penalty of up to €15,000 plus the costs of the RTB,” added the spokesman. “The risk of criminal conviction and imprisonment will also continue.”