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

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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)
Appendix 1 Glossary of Terms Adjudication To hear and settle a case. In this context, a PRTB Adjudicator is appointed to the case and examines the evidence of the parties and investigates the dispute fully. The Adjudicator will decide how the dispute is to be resolved. Anti-Social Behaviour “Anti-social behaviour” is a term used to cover a wide range of activities, from boundary disputes and verbal harassment through to vandalism and intimidation. It is any kind of repeated behaviour which is likely to cause you alarm or distress. Broadly, it is a quality of life issue. Dwelling A place to live in, a house or apartment that someone is living in. Mediation Mediation involves an attempt to bring about a peaceful settlement or compromise regarding a dispute through the objective intervention of a neutral party. The mediation process is supportive and non-confrontational. Each side must agree to mediation and either side may walk away from the process at any time. PPS Number Your Personal Public Service (PPS) number is a unique reference number that helps you to gain access to social welfare benefits and information from public service agencies in Ireland, such as the Department of Social and Family Affairs, the Revenue Commissioners and the Health Services Executive (HSE). The PPS number is the new name for the Revenue and Social Insurance (RSI) number. This number is obtained from your Social Welfare office. Statute of Limitations A law that sets the time within which parties must take action to enforce their rights. For example, in the case of a breach of contract, the statute of limitations can be up to 6 years. Tenancy Possession or occupancy of dwelling, under a lease, or on payment of rent. Tenancy also refers to the period of a tenant's occupancy or possession Termination of Contract “Termination of contract” is a term used to describe a coming to an end of a contract period; "the termination of the agreement". Notice (serving of) Written warning to another of a person’s intention to do something or take some (legal) action. A Dubliner’s Guide to the Residential Tenancies Act, 2004 28 (Updated January 2008)
Page 1 and 2: A Dubliner’s Guide to the Residen
Page 3 and 4: The Resident and Tenant Focus Group
Page 5 and 6: 9.0 Dispute Resolution 20 9.1 Who c
Page 7 and 8: 1.0 Introduction The law governing
Page 9 and 10: 2.0 Tenancy Obligations This sectio
Page 11 and 12: 3.0 Rights & Responsibilities for A
Page 13 and 14: 3.12 Services Details of when and h
Page 15 and 16: 5.0 Security of Tenure Security of
Page 17 and 18: 6.2 Grounds for Termination The gro
Page 19 and 20: 8.0 Registration of Tenancies The A
Page 21 and 22: 9.0 Dispute Resolution Any disputes
Page 23 and 24: of the parties and investigate the
Page 25 and 26: 10.0 Equality Landlords and tenants
Page 27: What is mediation The mediation pro
Page 31 and 32: Appendix 3 Useful Contacts and Link
Page 33 and 34: Case III Deposit Retention In the m
Page 35 and 36: Residential Tenancies Board, in acc
Page 37 and 38: Notes 1. Ensure recipient gets the
Page 39 and 40: 11. Landlord's Letting Agent (if an
Page 41 and 42: Part 6 - Apartment Blocks/Complexes
Page 43 and 44: D Please give approximate floor are
Page 45 and 46: 3.4 To pay promptly to the authorit
Page 47 and 48: applicable to the property, as well
Page 49 and 50: 5.3 The property is let together wi
Page 51 and 52: Regulations, 1993. The standards ap
Page 53 and 54: 5. The Tenant shall not carry out i
Page 55 and 56: Appendix 9 Rental Accommodation Sch
Page 57 and 58: households of various size etc.). T
Page 59 and 60: What happens first Your Community W

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

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