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

1.3 In what situations does the
Act apply
According to the legislation the
Act does apply where:
• A lease agreement has been
signed, even if a landlord’s spouse,
parent, or child are resident in that
property
• Tenancies have been created
before the passing of the Act
• Tenancies have been created by
oral agreement.
The Act applies whether or not there is
a lease or written agreement. The
content of a lease or written
agreement does not change the
landlord or tenant obligations under
the Act. However, additional
obligations, not covered by the Act,
can be included in a lease or written
agreement.
Situations where the Act does not
apply include:
• People who are letting part of their
property under the “rent a room”
scheme
• Business lettings
• The formerly rent-controlled sector
i.e. where the rent on the property
was formerly controlled under the
rent restrictions legislation until
1982
• Those holding ‘long occupation
equity leases’
• Holiday lettings
• Social housing.
Therefore, for example, the Act would
include a bed-sit but not a caravan or
mobile home.
A Dubliner’s Guide to the Residential Tenancies Act, 2004 7
(Updated January 2008)