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What is the tenancy registration system?
It
is a requirement on all landlords to register details of their tenancies
within one month of their commencement on form PRTB1 available from this
website. The information on the register will be used to provide
aggregate data on the private rented sector. Personal details such as
the tenant name, landlord name, rent, etc. will not be made public.
Tenancy Registration
Form
Tenancy Registration Fees
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Fee
Payable
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€70
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Per tenancy being registered on time i.e. within 1 month
after the commencement of the tenancy.
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€300
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For multiple tenancies in the one building being registered at the
same time and all on time (i.e. within one month of the
commencement of the respective tenancies) by the one landlord
(please staple the multiple forms together).
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€140
(Late Fee)*
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In all circumstances where the tenancy is being
registered more than 1 month after the commencement
of the tenancy, an additional fee of €70 is
payable for these late registrations (i.e. the total fee is €140
per tenancy). There are no exceptions to the late fee and the
composite fee is not available to late registrations of multiple
tenancies within the one building.
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No Fee
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Where 2 payments in respect of the dwelling have been made to the
Private Residential Tenancies Board in the previous 12 months.
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No Fee
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For an update of details of a tenancy currently registered
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* The Residential Tenancies Act 2004 does not allow for any
exemptions from the requirement to pay the late fee in any case.
As such the PRTB has no power to waive the late fee in any case
regardless of the circumstances or the reasons for the delay.
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Please note : Registration lasts the length of the tenancy,
which is up to a maximum of 4 years. If the same tenant is in
occupation after 4 years that new tenancy must be registered again
with the PRTB.
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Fees can be paid by cheque, postal order or money order and
should be made payable to the Private Residential Tenancies Board.
The cheque should be crossed. The cheque should be signed and
dated and be for the appropriate amount. If you do not
have a bank account, please obtain a postal order from your local
post office.
Cash will NOT
be accepted for safety and security reasons.
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Payments
can also be made by providing credit or debit card details on
the tenancy registration form:
2nd Floor, O'Connell Bridge
House,
D'Olier Street,
Dublin
2.
Tel.: 01-6350
600;
Fax.: 01-6350 601
Map:
[click
here]
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Back
to Questions...
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Why does the form ask for the PPS
numbers and other details?
The PPSN is the State
identification number for dealings with public sector bodies. It will
act as the unique tenant and landlord identification number on the
registration record. Most of the other details are required as a record
of the tenancy in case disputes arise or so as to gather aggregated data
on the sector. Certain contact details are also requested. This
is necessary as the registration application must be made within one
month of the commencement of the tenancy and, if later, the landlord
will have to pay a double fee (currently €140). Please note
that with effect from the 15th July 2009 the requirement for landlord
and tenant signatures has been removed.
| Information
on queries relating to the PPSN
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word
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pdf
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to Questions...
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What dwellings are exempt from the tenancy registration system?
Business premises, even where partly residential (to which section
13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 could apply).
A dwelling to which Part II of the Housing (Private Rented Dwellings)
Act 1982 applies (i.e. formerly rent controlled dwelling occupied by the
“original tenant” or his/her spouse) or to which Part II of the
Landlord and Tenant (Amendment) Act 1980 applies (i.e. long occupation
equity lease tenancies)
A dwelling let by a local authority or voluntary housing body
A dwelling occupied under a shared ownership lease
A holiday let
A dwelling in which the landlord is also resident
A dwelling in which the spouse, parent or child of the landlord is
resident and there is no written lease or tenancy agreement
A dwelling that is occupied rent free
If a dwelling is available for renting but has not yet been let,
there is no requirement to register.
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to Questions...
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Will the PRTB provide confirmation of exemption from the tenancy
registration system ?
No, the PRTB will not routinely provide
for individuals confirmation of exemptions from the tenancy registration
system.
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to Questions...
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What happens if I don't register?
Until such time as a tenancy has been
entered onto the PRTB’s register of tenancies, the PRTB is precluded
from dealing with any dispute relating to the tenancy that may be
referred to it by the landlord. The registration requirement applies
only to ongoing tenancies so it is important that the registration
process be completed as quickly as possible in case any difficulties
arise in relation to the tenancy.
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What is the PRTB doing about unregistered landlords?
The steps being taken by the PRTB to pursue compliance with the
registration requirement are in accordance with the provisions of the
Residential Tenancies Act 2004 and, in particular, sections 144 and 145.
They include the issue of notices to landlords and/or occupiers of the
dwellings in question, and the prosecution of offenders for
non-compliance with the registration requirement. Details of these
notices are set out below.
Landlord 1st Notice - section 144(2)
Where the landlord’s address is available to the PRTB, a notice
is served on the landlord stating that in the PRTB’s opinion there is
a tenancy in the dwelling in question that requires to be registered and
that an application for registration must be made. The notice requests
the landlord to furnish within 14 days the reasons why the landlord may
consider that they do not have to register.
Landlord 2nd Notice - section 144(3)
Where the landlord fails to respond to the 1st notice, within the
14 day period or a response was received within the 14 day period which
did not result in the PRTB changing their opinion on the registration
requirement applying, a notice is served on the landlord stating that
the landlord is required to register within 14 days and failure to
register within this timeframe will result in the landlord being guilty
of an offence under the Residential Tenancies Act 2004.
Occupier’s Notice - section 145(4)
Where the landlord’s name or address is not supplied, a notice
is served on the occupiers requiring them to supply within 14 days any
information in their possession that could lead to the PRTB ascertaining
the identity of the landlord or of his/her address. That notice also
states that failure to respond within the 14 days will result in the
occupier being guilty of an offence under the Residential Tenancies Act.
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What happens if a landlord or occupier does not comply with the
PRTB's notices about not registering?
If the landlords
and occupiers fail to comply with the provisions of the Residential
Tenancies Act 2004 as outlined above, the PRTB will exercise the power
open to it under the Act in relation to prosecutions. However this
process may take time as in order to maximise success and effective
enforcement, it is essential that the information available to the PRTB
is accurate and that the PRTB operates in accordance with the
appropriate procedures. This is because the successful conviction of the
landlord or tenants of criminal offences under sections 144 or 145
respectively requires a high standard of proof and a correct name and
address is vital to this process.
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Are landlords eligible for tax relief on interest paid on
borrowing to purchase investment properties?
Landlords should be aware that the
Finance Acts have been amended to explicitly provide that compliance
with the registration provisions contained in the Residential Tenancies
Act registration provisions is a condition of eligibility for mortgage
interest relief on residential properties. It is a matter for
individuals to satisfy themselves that they are in compliance with the
Residential Tenancies Act. The PRTB will not routinely provide letters
confirming exemption from the Act. The PRTB propose to supply the
Revenue Commissioners with information on unregistered tenancies of
which it becomes aware so that, as well as facing criminal prosecution,
the landlords in question will lose any mortgage interest relief
relating to the dwelling.
The following link relates to the Revenue Commissioners' requirements
with regard to the registration of tenancies: http://www.revenue.ie/en/practitioner/ebrief/2007/tax-briefing.html
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Why have I not received a letter from the PRTB acknowledging my
application to register?
Confirmation
letters are being issued to landlords and tenants in all registrations
processed by the PRTB generally on a 2 weekly basis. However, the
registration process can take upwards of 6 weeks depending on the volume
of applications on hand at any given time.
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What do I do with the confirmation letter?
Landlords and tenants must quote the
registration number given in the letter in any future correspondence
with the PRTB. In addition, landlords may use the confirmation letter as
a receipt for payment of the registration fee, where appropriate.
Landlords may be requested to provide this confirmation letter to the
Revenue Commissioners when seeking mortgage interest relief on
residential properties.
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What do I do if my tenant leaves my rented property?
If your tenant(s) leaves
the rented property then it is deemed to be the end of the tenancy. You
will need to register with the PRTB the new tenancy within one month of
the new tenants moving in. The tenancy registration form is downloadable
from this website.
If at least one of the tenants remain in the rented property and the
other tenants are replaced by new tenants, then this would be considered
an update of the tenancy details. If there is a change of rent you are
required to notify the PRTB and when doing so, you are required to
advise of any other change of the tenancy details that have arisen in
the interim - no fee is payable when providing an update of tenancy
details. The tenancy registration form, which is downloadable from this
website, can be used for this purpose also.
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I lease my property to a management company who in turn rent out
the property to individual tenants; I have no relationship with
the tenants of the management company. Do I need to register?
In the above scenario there are two actual tenancies and they both need
to be registered. Under the RTA, the landlord is legally obliged to
register the tenancy where the dwelling is leased to the management
company and the management company is legally obliged to register the
tenancy with the individual tenant(s). Each tenancy will then have a
unique RT number assigned to it.
The above applies in all arrangements where the dwelling is sublet and
is ultimately a residential dwelling other than for those dwellings
excluded in Article 3 of the RTA (a list of excluded dwellings is
provided above in this Question click here...)
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What happens if I change the Rent?
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.
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What happens if one of the tenants moves out and is replaced by a new tenant?
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.
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What is 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.
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Why am I being asked to Re-register my tenancy?
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.
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What do I do if the dwelling ceases to be let?
If the dwelling
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.
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Enforcement of registration requirements.
The registration
of a tenancy is a legal requirement on the landlord. Landlords failing
to register a tenancy 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.
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What is the published 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.
Click
here to access Publish
Register.
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