We provide comprehensive advice and assistance to our clients in this area to include the drafting and negotiating of Letting Agreements, Landlord and Tenant disputes, the Residential Tenancies Act 2004 and the Private Residential Tenancies Board.
The introduction of the Residential Tenancies Act 2004 has altered this area for both Landlords and Tenants. Both Landlords and Tenants have rights and obligations under the Act. If the tenancy is registered in the Private Residential Tenancies Board (PRTB), then both parties have recourse to this body. However, if the tenancy is not registered then the Tenant only has recourse to this body.
Residential tenancies are now governed under the Residential Tenancies Act of 2004. It is very important from both the Landlord and the Tenant’s perspective that a formal tenancy agreement is in place. It provides for clarity between the parties on a whole range of issues, whilst also protecting the interests of both parties.
We can advise both landlord and tenants of their rights and obligations under the current residential tenancy legislation.
It is important since the introduction of the Residential Tenancies Act 2004 that Landlords register the Tenancy with the Private Residential Tenancies Board (PRTB) and provide tenants with rent books.
For the first six months of the Lease a Landlord will be free to terminate it without giving a reason. After the first six months the Tenants will be entitled to rent the property for four years. This is known as a “Part 4 Tenancy” under the Residential Tenancies Act, 2004 (“The Act”).
Each subsequent “Part 4 Tenancy” is called a “further Part 4 Tenancy” and exists after 4 years unless you serve a valid termination notice.
The terms of each successive Part 4 tenancy remain the same as the first unless varied by agreement between the Landlord and Tenant.
A Landlord can terminate a lease that has lasted more than 6 months for one of the following reasons:
- Your tenants have failed to comply with the obligations of your lease.
- You intend to sell your rental property within the next 3 months.
- The property is no longer fit for purpose.
- You require the property for yourself or for a family member.
- Vacant possession is required for substantial refurbishment of the property.
- You intend to change the use of the property (for example you may decide to use the property as a bed and breakfast).
It is very important to be aware that Tenants are free to terminate the tenancy but they must give the correct notice period in writing.