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

1.0 Introduction
The law governing the relationship
between Landlord and Tenant dates
from the 19th century. Based on the
recommendations of the Commission
on the Private Rented Residential
Sector published in July 2000, the
Residential Tenancies Act 2004
contains far-reaching reforms of the
private rented sector. It introduces
significant changes in the law on
residential tenancies but some of the
older statutory and common law is still
in place. This guide outlines landlord
and tenant law in the context of the
private rented sector, with particular
emphasis on the new Act.
1.1 The Commission on the
Private Rented Residential
Sector
In 1999, at the height of a crisis in the
private rental market, caused by the
scarcity and cost of private rented
accommodation, the Commission on
the Private Rented Residential Sector
was established.
The Commission completed its first
report in 2000. This report examines
the history of the private rented sector
in Ireland and provides information on
the current market. It is noted that,
while the sector declined considerably
in the years between the Second
World War and the 1990s, there is
now strong evidence of an increase in
the sector. The report describes a
shortage of information about the
private rented sector that, it suggests,
should be addressed. It also provides
information on the private rented
sector in a number of other countries.
The establishment of the Private
Residential Tenancies Board
(PRTB), and other changes to
residential landlord and tenant law in
the Residential Tenancies Act 2004,
arose out of recommendations of the
Commission on the Private Rented
Residential Sector.
1.2 The Residential Tenancies
Act 2004
The Residential Tenancies Act
2004 (the ‘Act’) came into effect on 1st
September 2004. The purpose of the
Act is to clarify the relationship
between landlord and tenant for the
benefit of both parties. It introduces
the following key elements:
• Minimum obligations applying to
landlords and tenants
• Provisions relating to rent settings
and reviews
• Security of tenure for tenants
• Procedures for the termination of
tenancies, including required
notice periods linked to the
duration of the tenancy
• The establishment of the Private
Residential Tenancies Board
(PRTB) to:
- resolve disputes arising in the
sector
- operate a system of tenancy
registration
- provide information and policy
advice.
A Dubliner’s Guide to the Residential Tenancies Act, 2004 6
(Updated January 2008)