A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

My neighbours complain about the
volume of my music, what are my
rights
The Residential Tenancies Act 2004
places an obligation on tenants not to
behave within the dwelling or its
vicinity in an anti-social manner. The
definition of this includes engaging
persistently in behaviour that prevents
or interferes with the peaceful
occupation of others including tenants,
neighbours and those in the vicinity of
the dwelling. Repeated loud noise
could see you given notice by your
landlord or a referral to the PRTB.
Therefore, it is best to seek a
compromise on what is a reasonable
level to play your music at that does
not cause disturbance to neighbours.
Can rent be reviewed more than
once in a year
The rent cannot be reviewed more
frequently than once in the first 12
months of a tenancy and once every
12 months thereafter, unless there has
been substantial change in the nature
of the dwelling.
Under what circumstances might a
landlord keep a deposit
Under The Residential Tenancies Act
2004 the deposit must be promptly
returned to the tenant unless there is a
default in the payment of rent or
damage over and above normal wear
and tear. Any disputes regarding
deposit can be referred to the Private
Residential Tenancies Board dispute
resolution service. An action will cost
€25 and you do not need legal
representation.
Who decides the time for an
inspection by a landlord
Tenants have an obligation to allow
the landlord, or a person acting on the
landlord’s behalf, access to carry out
inspections at reasonable intervals.
The date and time must however be
agreed in advance with the tenant.
There is no time period that a landlord
must give. The tenant is not obliged to
be present for the inspection.
Who is responsible for refuse
charges – the tenant or landlord
Generally in the Dublin City Council
area, the bill will be addressed to the
occupier, in the case of a rented
house. For apartment/flats it is usually
addressed to the landlord. Ultimately
there is nothing to prevent a landlord
passing this charge on to the tenant.
Further information can be obtained
from Dublin City Council's website,
www.dublincity.ie.
What is the ‘rent a room scheme’
And does the Act apply in this
case
The rent a room scheme allows
landlords to rent a room(s) in their
home and receive up to €10,000 (this
works out at €192.31 per week) as
rental income tax free. This income
must be included in your tax return
form at the end of the year. The
person renting could also claim tax
relief. If you choose to avail of this
scheme, it is a licence arrangement
and landlord and tenant laws do not
apply but it is recommended that a
written agreement is prepared
covering issues like the deposit, rent
payments, notice periods and house
roles. Further information can be found
on www.revenue.ie and
www.oasis.gov.ie.
A Dubliner’s Guide to the Residential Tenancies Act, 2004 27
(Updated January 2008)