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1. The following properties are excluded from the requirement to register with the Residential Tenancies Board (RTB).
(b) A dwelling to which Part II of the Housing (Private Rented Dwellings) Act1982 applies (i.e. formerly rent controlled dwelling occupied by the ‘original tenant’ or his/her spouse).
(c) A dwelling let by a local authority or voluntary housing body.
(d) A dwelling occupied under a shared ownership lease.
(e) A holiday let
(f) A dwelling in which the landlord is also resident.
(g) A dwelling in which the spouse, parent or child of the landlord is resident and there is no written lease or tenancy agreement.
2. Registering with the RTB
You have one month to register your rented residential property with the residential tenancies board.
You must download a RTB1 form from www.rtb.ie. You must ensure that the following information is included in the PTB1 form:
3. Fees to the RTB
The fee payable to register a tenancy is €90. A fee of €180 will apply to late registrations. If you are registering a number of tenancies in a single building at the same time and within the specified time limits, a composite fee of €375 applies.
No fee will be charged where 2 registrations to the RTB, accompanied by the appropriate fee and made within the required period, have been made in respect of the same property in the previous 12 months.
A single registration fee is payable in respect of a tenancy shared by a number of tenants. However, should separate tenancy/ letting agreements exist between the tenants and the landlord, it will be necessary to register each tenancy and pay the appropriate fee separately.
4. Registration number
Each tenancy registered with the Board will be allocated a unique registration number. The registration number, along with the details of the registration entry, will be issued to both the landlord and the tenant within a few weeks. This registration number is important and it should be kept in a safe place. The registration number will be required when dealing with the Board.
If either the landlord or the tenant(s) have not been contacted by the Board within 2 months of the commencement of the tenancy or one month of the landlord’s application to register, they should contact the Board.
When registration confirmation is received, both the landlord and tenant should satisfy themselves that the details are correct. This is especially important with regard to the recorded tenancy commencement date, as the recorded date will be accepted as the date the tenancy commenced. This date may be important in the event of a dispute arising in relation to tenancy termination, notice periods, etc.
5. The Register
The Board maintains a published register, which is available for public inspection at the Board’s office. However, the published register will not contain any information that could lead to the disclosure of the identity of the landlord or tenant(s) or the rent payable.
6. Updating the register
The landlord must inform the Board of a change in the rent payable in respect of a dwelling within one month of the change occurring. Landlords should at the same time notify the Board of any other change to the registered tenancy details e.g. a replacement tenant. No fee is payable for informing the Board of these changes.
7. Duration of the registration
Once a tenancy is registered it remains a registered tenancy for as long as the tenancy remains in existence. Once the tenancy is terminated, any new tenancy created in respect of the dwelling must be registered with the Board.
Under the provisions of Part 4 of the Act if the tenancy has not previously been terminated it will be deemed to be terminated when it has lasted 4 years and a new tenancy will then commence between the parties. This new tenancy must be registered with the Board and the registration fee paid.
8. If the residential property is no longer let
If the residential property ceases to be let, the Board should be notified so that the record can be removed from the register. No refund of the registration fee is payable in such circumstances.
9. Potential consequences for the tenant
Where the RTB has reason to believe that a tenancy exists that ought to be registered it may require the tenant(s) to supply it with any information the tenant(s) have about the landlord’s identity. Failure to co-operate is an offence.
If you and other tenants are in this situation and would like legal advice contact Tyrrell Solicitors.
10. If you fail to register with the RTB
You are legally obliged to register with the residential tenancies board.
If you fail to register your rented residential property you may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence.
You must register with the RTB before you can avail of the RTB’s dispute resolution service. This restriction does not apply to tenants wishing to avail of the service.
You are not entitled to mortgage interest relief on your property unless you have registered it with the RTB.