Regulations in Ireland
Whether you are renting a property or letting
out your own property there are numerous regulations involved.
Over the years they have continued to increase and we have listed
some of these below.....
[Please note information on this
page has not been updated since 2013 as legislation changes,
so it is suggested that other websites including official Government
sites should be used for current legislation]
of Ireland Here
Additional letting info
Energy Rating - Certificates in Ireland (BER)
BER is similar to the energy label
for a household electrical appliance like your fridge. The label
has a scale of A-G. A-rated homes are the most energy efficient
and G the least efficient.
the 1st of January 2009 a BER certificate became compulsory
for all homes being sold or rented. The sellers or landlords
must provide a BER to tenants on all new and existing domestic
dwellings, regardless of age when being offered for sale or
are carried out by specially trained BER assessors, registered
by Sustainable Energy Ireland (SEI)
assessments are carried out by registered BER assessors who
have trained under the National Framework of Qualifications
and have registered with SEI.BER assessors must meet requirements
set by SEI, including the signing up to a Code of Conduct.
a property goes on the letting market: A person offering
a property for sale or rent on
or after 9th January 2013, or their agent, shall ensure that
the energy performance indicator of the current BER certificate
for the building is stated in any advertisements, where such
advertisements are taken relating to the sale or letting of
that building. Prospective buyers and renters will be shown
the BER rating (Alphanumeric value) along with other prescribed
content (dependent on the particular medium) in a prominent
location in each specific advertisement.
Sustainable Energy Authority of Ireland
Fire Blankets and smoke detectors in Rental Properties
must provide a fire blanket in all rental properties and smoke
detectors that will last ten years.
Residential Tenancies Board - RTB
PRTB was established in September
2004 to operate a national tenancy registration system and to
resolve disputes between landlords and tenants. As part of its
remit, the PRTB also provides policy advice to the Government
on the private rented sector. The PRTB dispute resolution service
replaces the courts in relation to the majority of landlord
and tenant disputes. Please note that in order to provide a
fair and neutral service to both parties, the PRTB cannot provide
legal advice or specific guidance to either case party in relation
to their dispute. It has been re-branded as the Residential
Tenancies Board - RTB
Changes to the Residential
Tenancies Act and Introduction of the Deposit Protection Scheme
The new Residential Tenancies Act was signed in to law recently
and represents the biggest change to affect the rental sector
in over a decade. The legislation contains lots of technical
details which will significantly affect landlords and will greatly
increase the amount of paperwork and legal requirements to be
The new act brings into force the legislation required for the
commencement of the Deposit Protection Scheme which will be
operated by the PRTB. The legislation contains numerous measures
many of which will be introduced on a phased basis and www.irishlandlord.com
will keep you updated as the changes take effect.
now the key points to note are: The
new deposit protection scheme has not yet commenced. For the
moment there is no immediate change to the handling of deposits.
The notice period for a rent increase has increased to 90 days.
The legislation contains new requirements to provide comparable
market rents and other documentation to tenants but this element
of the act is not yet active.
1st January 2016 a landlord cannot discriminate against a person
in receipt of rent supplement, housing assistance or any payment
under the Social Welfare Acts
Increase Rent Increases can only
be every 24 months for the next 4 years and the notice period
of the rent increase has changed from 28 days to 90 days; give
a few days more to be sure of compliance.
of information - Irish
Landlord.com and Irish
Property Owner's Association
- July 2014
guide was published in early July with useful information for
tenants getting their deposits back. It has been produced by
the Private Residential Tenancies Board (PRTB), the Society
of Chartered Surveyors Ireland (SCSI), Threshold the national
housing charity and the Union of Students in Ireland (USI)
on image on left to download
information on Letting in the Republic of Ireland from:
Irish Property Owner's Association -IPOA
to the Residential Tenancies Act and Introduction of the Deposit
Protection Scheme - December 2015 - Here
& Tenant Insurance Here
Private Tenancy Agreements (Northern Ireland),
the landlord needs to provide the following:
Registration - All private landlords
who let residential property in Northern Ireland are required
to register on the Landlord Registration Scheme
under regulations that came into
force on the 25th February 2014. Visit
existing tenancies registration must take place within 12
months of 25th February 2014. The new scheme will will provide
a centrally held register of private landlords with up to
date and accurate information to allow tenants, local councils
and neighbours to identify registered landlords.
Registration costs £70 if
the process is completed online and £80
for non-electronic / paper registrations.
It is renewable every three years. A landlord only pays one
fee regardless of the number of properties owned. If a landlord
is registered under Houses
in Multiple Occupation (HMO) they
do not need to register again.
Once the landlord has registerd the landlord will receive
a certificate of registration with an unique registration
number. The letting agent must be named, however there is
no legal obligation for an agent to ensure that the Landlord
is registered.An agent can register on behalf of a landlord.
1st April 2007 the law requires that tenants are issued with
a "Statement of Tenancy Terms",
plus an inventory and rent book. All landlords are legally
obligated to provide these items and failure to do so can
result in prosecution and a hefty fine. In these circumstances,
it makes sense to get the tenant to acknowledge safe receipt
of these items in writing.
Tenancy Agreements which should
include a comprehensive inventory and / or schedule of condition,
as applicable. This needs to be signed by all parties
concerned, after all the
required monies are received.
amendments that may have been agreed in the Private Tenancy
Agreement, need to be either initialled (in the case of a
minor amendment) or added with a clear signature confirming
agreement. In either case, the signature / initials need to
be clearly times and dated before parting with the keys to
about the tenancy
deposit and the scheme in
which it is protected (individual scheme providers / adminstrators
have their oen requirements which should be carefully adhered
to) Source: UK Landlord - (National
Landlords Association - NLA) magazine
Issue 165 November/December 2013
Energy Performance Certificates (EPC)
Performance Certificates (EPC)
have ben required for all property sales and rentals from the
end of December 2008. Homes and commercial - when sold, built
or rented have to have an energy performance certificate (EPC).
This initiative is the result of European legislation - the
Energy Performance of Buildings Directive - which all member
states must adopt.
a property goes on the letting market: When
a property is advertised for sale or rent, the landlord's agent
will need the EPC as s/he is legally
required to include the energy performance indicator from certificate
on any commercial media for that property. This could include
brochures, newspaper advertisements and property websites. A
simple "for sale" or "for let" board or sign would not require
the energy performance indicator to be included. This will also
be required for landlords not using an agent.
Ireland Domestic Energy Performance Certificate Register Here
and Furnishing Regulations
rented accommodation must comply with the Furniture & Furnishings
(Fire) (Safety) Regulations 1988. This is for
all upholstered furniture -Beds, headboards of beds and
mattresses, Sofa-beds, futons and other convertibles, Nursery
furniture, Garden furniture which is suitable for use in the
property,Scatter cushions, seat pads and pillows.
do not include - Non upholstered headboards
on beds, Pillow cases, sleeping bags, curtains, carpets, duvets
and sheets, Loose covers for mattresses or furniture made before
item of furniture or furnishings will have a label attached
to it stating compliance with the regulations. Do not cut these
off and if you are having an item of furniture re-upholstered,
make sure the upholsterer puts on the appropriate label, as
otherwise you cannot include that item of furniture in the letting.
Gas Safety Regulations
landlords must ensure that gas boilers
get an annual safety check - carried
out by someone who is registered with the Gas Safe Register
anda record of the safety checks is kept and issued within 28
days of each annual check and a copy must be given to the tenant.
Tenants are responsible for maintaining gas appliances which
they own, or are entitled to take with them at the end of the
electrical wiring circuits, switches and sockets in a let property
must be in a safe condition, good working order and adequate
for the needs of the tenants. Electrical equipment in furnished
privately rented housing which is hired as part of the tenancy
agreement is now subject to the Electrical
Equipment (Safety) Regulations 1994. The
NI Executive website says that "Landlords are advised
to ensure that a satisfactory test programme is set up for all
electrical equipment in properties. These checks can be both
visual and full electrical checks. The frequency and type of
check will depend on the type of appliance and how often it
is used by the tenant" More
in Rented Accommodation
the 1st April 2013 tenant's deposits will have to be registered.
This arrangement has been in force in
England and Wales since 2007 and in Scotland since July 2012.
are two types of schemes which have been approved to operate
in Northern Ireland, the custodial scheme and the Insurance
scheme - The Custodial scheme,
which is free for both the landlord and tenant to use, is where
all the deposit is handed over by the landlord to the scheme
for safe keeping in a designated account and either the tenant
or the landlord can apply at the end of the tenancy for repayment
of the deposit.
second scheme is the Insurance based scheme
is where the Landlord holds on to the deposit and pays a fee
and any contribution towards insurance to the scheme administrator.
The Landlord refunds the deposit to the tenant when it is due
to be refunded. In the case where there is a dispute, the landlord
hands over to the scheme administrator the disputed amount to
safeguard until the dispute is resolved.
any deposit taken on or after the 1 April 2013 in relation to
a private tenancy has to be protected in an approved tenancy
deposit scheme. The DSD has approved 3 different companies to
provide tenancy deposit protection schemes in Northern Ireland.
Letting Protection Service Northern Ireland
just over a month to go before Deposit Regulation in Northern
Ireland - February 2013
information on Letting in the Northern Ireland from:
Landlords Association - NLA and
of Residential Letting Agents - ARLA
Rights - advice for Northern Ireland - Renting a home in Northern
note the How to rent "Compulsory" information is updated
regularly by the UK Government. Twice in 2018 to date
& Tenant Insurance Here
This information should not be relied on for accuracy and is
presented here without the responsibility of jml Property Service
and the website it is being displayed at. ©jml property Services
02-13 and later dates
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