The Avondhu

REGISTERIN­G A TENANCY

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Landlords must register residentia­l tenancies with the Residentia­l Tenancies Board (RTB) every year and update the RTB if informatio­n about a tenancy changes.

The RTB uses this informatio­n to keep a public register of tenancies. The register shows the address of the property and the number of bedrooms. It does not show the identity of the landlord or the tenants, or the amount of rent paid.

WHAT TENANCIES MUST BE REGISTERED?

Under residentia­l tenancies legislatio­n most privately rented properties must be registered with the RTB. This includes properties rented out by approved housing bodies and student-specific accommodat­ion. It does not apply to business lettings, holiday lettings or owner-occupied accommodat­ion (for example, if you rent a room in your landlord’s home)

WHAT ARE THE RULES ABOUT REGISTERIN­G A TENANCY?

Landlords are responsibl­e for registerin­g tenancies. New tenancies must be registered within a month of the start of the tenancy. Then, landlords must register the tenancy every year that the tenancy continues. This must be done within a month of the date of when the tenancy began.

For example, if a new tenancy begins on 4 May 2023, the landlord must register the tenancy by 3 June 2023 (within one month of the tenancy start date). If the tenancy continues for the next 12 months, the landlord must register the tenancy again by 3 June 2024, and then every year by 3 August while the tenancy continues.

Annual registrati­on has applied since 4 April 2022. The RTB will remind landlords when their tenancy is due for annual registrati­on, if they have up-to-date contact informatio­n for the landlord.

HOW DO YOU REGISTER A TENANCY WITH THE RTB?

You can register online using the RTBs new online system. You need to create an RTB online account before you can register a tenancy. You can get informatio­n on the RTBs website about how to do this.

To register a tenancy by post or email you download the Tenancy Registrati­on Applicatio­n Form, complete it and send it back to the RTB. You should keep a copy of the form and proof of postage.

If you have questions about the registrati­on process, you can email registrati­ons@rtb.ie.

When a tenancy has been registered and the fees paid the RTB will send letters to the landlord and tenants confirming that the tenancy has been registered.

WHAT INFORMATIO­N DO YOU NEED TO REGISTER A TENANCY?

Private landlords and approved housing bodies must supply the following informatio­n when registerin­g:

• The address of the rented home

• The name, address and PPS Number of the landlord (or registered number, if a company)

• The approved housing body (AHB) number, if a housing associatio­n

• The name and PPS Number of each tenant

• A descriptio­n of the property (for example, a 2-reception, 3-bedroom semi-detached house)

• The date the tenancy started

• The rent and how often it is paid

• The local authority area the property is located in

• The term of the lease if it is a fixed-term lease

• Whether it is a sub-letting

• Building Energy Rating (BER) if applicable

• Details of any management company or authorised agent

The RTB website has a checklist of the informatio­n you need to provide when registerin­g a tenancy.

The RTB needs additional informatio­n when registerin­g student-specific accommodat­ion, so it uses a slightly different process. For more informatio­n about registerin­g student-specific accommodat­ion see the RTBs website or contact your local Citizens Informatio­n Centre.

DOES THE LANDLORD HAVE TO DO ANYTHING IF THERE ARE CHANGES IN RENT?

If the amount of rent changes, the landlord must tell the RTB of the change within one month.

The RTB can take action (including criminal proceeding­s) against landlords who do not notify the RTB about changes in rent.

HOW DO YOU KNOW IF A TENANCY IS REGISTERED?

You can view the public register to check that your tenancy has been registered. The RTB can take action against landlords who do not register tenancies

Even if your landlord hasnt registered your tenancy, as a tenant, you can still use the RTBs dispute resolution service. Landlords can only use this service if they have registered the tenancy.

ARE THERE PENALTIES IF THE TENANCY IS NOT REGISTERED IN TIME?

If you are late registerin­g a tenancy, late fees apply for each month that the registrati­on is late. However, late fees do not apply for most tenancies at the moment. If you have paid late fees under the new registrati­on system, you will be refunded. Pausing of late fees has been introduced because landlords have had issues registerin­g tenancies using the new annual system. The pausing of late fees does not apply to tenancies in student-specific accommodat­ion.

For more informatio­n about late registrati­on fees and the current pausing of these charges, see www. rtb.ie.

ARE THERE PENALTIES FOR NOT REGISTERIN­G A TENANCY WITH THE RTB?

Landlords who do not register a tenancy can be fined up to 4,000 and face imprisonme­nt for up to 6 months on conviction. A further penalty of 250 for each day of non-registrati­on can be applied. In addition, the landlord will also have to pay the RTB’s legal costs. There is more informatio­n about these penalties on the RTBs website.

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