Registering Your Tenancy
As a landlord there are so many do’s and don’t of renting your property, so many regulations to adhere to and rules to follow. Whether you have to register your premises is a burning question that a lot of landlords want to know? Is it a legal requirement? Let us help you out.
Who needs to register their property?
In short, all rented properties must register their tenancies except
- Business lettings
- Holiday lettings
- Formerly rent-controlled properties or long-occupation lease tenancies
- Owner-occupied accommodation (for example, if you rent a room in a landlord’s home.
- Properties in which the spouse, parent or child of the landlord lives. This applies to informal family arrangements where there is no tenancy agreement in writing. However, the Acts do cover formal agreements between family members, for example where a lease has been signed
- Social housing provided by local authorities (though, as noted above, the voluntary housing sector is included)
If you are in this category the RTB can assist you in registering your tenants here The cost is € 90 for a single tenancy.
When do I need to register my tenancy?
Per the RTB “new tenancies must be registered within a month of the start of the tenancy and landlords are responsible for the registration. The tenant must give their details to the landlord, including their Personal Public Service (PPS) number. When a tenancy has been in existence for 4 years or more a new tenancy begins and will need to be re-registered. If your tenant moves out then it is the end of the tenancy and your new tenant will need to be registered with the PRTB within one month of the commencement date.However if it was a tenancy agreement with multiple tenants and at least one tenant still resides in the dwelling, then you just need to update the tenancy details with the PRTB. Many people are not aware that there is generally no charge for updating your tenancy details.
Additionally if you, as a landlord, increase the rent you will need to notify the tenancy board of this increase. Don’t worry they are not concerned about the rent you charge.
Be careful as not registering your tenancy does carry heavy penalties but the RTB will work with landlords to assist them in registering their property within reason. A person who does not comply with their responsibility to register their tenancy/ tenancies faces a criminal conviction and a fine of up to €4000 and/ or 6 months imprisonment, if convicted. In addition to the Court imposed fines, the landlord will also have to pay the RTB’s legal costs which can be in the region of €2,500 plus VAT per case.
It is important to note that because of the restrictions in place due to Covid-19, the RTB can no longer accept paper form tenancy registration applications into the RTB during this emergency period so it is best to follow the link above and register online.
If you have additional questions in relation to registering your tenancy please feel free to reach out to our team, we would be delighted to assist you.