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1. What is the tenancy
registration system?
It is a requirement for all landlords to register details of their
tenancies within one month of their commencement on form PRTB1 which is
available from our 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. 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 (answer to question 11
refers) This applies
to all current tenancies. Under the Residential Tenancies Act 2004, Section 135 states
a fresh application must be made under section 134 in respect of each new
tenancy that is created in respect of a dwelling,
Part 4 of the Residential Tenancies Act 2004 contains the security of
tenure measure for tenants based on 4-year cycles whereby tenancies that
have lasted more than 6 months become ‘Part 4 tenancies’. Unless
there is a breach of the tenancy obligations, they may only be
terminated by the landlord during the following 3½ years where one or
more of the 6 grounds listed in the Table to section 34 of the Act
arises. At the end of the
4-year period, the tenancy is deemed terminated and a new tenancy comes
into being where the dwelling continues to be let to the same tenant(s).
This new tenancy is known a ‘further Part 4 tenancy’ and, if
not terminated by the landlord within the following 6 months, may only
be terminated during the remainder of the successive four years where
one of the grounds in the Table to section 34 arises, or an actionable
breach of obligations. Where one or more of the original tenants to a Part
4 tenancy remain in
place, that tenancy is said to be continuing where it continues from one
four year period (e.g. September 2004 to September 2008) to another
(e.g. September 2008 and beyond). If the tenancy started on/before 1 September 2004, it must be
re-registered within 1 month of 1 September 2008. Please be advised that
it is from the date the tenancy commenced as opposed to the date the
tenancy was registered. 7.
Do I have to fill in another
PRTB1 Registration Form for each tenancy that is being re-registered? Yes. Landlords should ensure that all questions (this includes the signatures
of both tenant/s and landlord/s) on the tenancy registration form are
completed in full and that the appropriate fee (see question 11 below)
is submitted. Incomplete forms will be returned which may cause undue
delay in processing the tenancy registration. Please do not
manipulate text fields or content of the PRTB1 form. You can download the PRTB1 forms from our website www.prtb.ie,
you can ring the PRTB on 01 6350600 to request a form or you can contact
your local letting agent who may have forms in stock. Completed forms
should be returned with the appropriate fee to the PRTB, O’Connell
Bridge House, Yes, a confirmation letter will be issued to you shortly after the tenancy
is registered and this letter will contain your new RT number. This
confirmation letter (and previous ones) is an important document
especially when claiming tax relief and should be kept in a safe place.
If a Part 4 tenancy
continues to the expiry of the 4 year period without a Notice of
Termination having been served, a further Part 4 tenancy commences on
the expiry of this 4 year period. During the first 6
months of this further Part 4 tenancy, a landlord can serve a Notice of
Termination providing 112 days notice, without having to provide a
reason for the termination. After this 6 month period expires, a
landlord is required to state in the termination notice, the reason the
tenancy is being terminated. Section 34 of the RTA lists the grounds for
termination by a landlord. Of course, the sections relating to remedies
in the event of breach of any of the tenant obligations will continue in
force, regardless of the duration of the tenancy. The fee payable is €70 per
tenancy being registered on time i.e. within 1 month after the
commencement of the tenancy or €300 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). 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. 12.
What if the tenants moved in
on 1 September 2004 but I only registered the tenancy 6 The date for re-registering a tenancy is 4 years from the date the tenancy
commenced. Registration itself does not affect the status of the
tenancy. Therefore the date
taken to be the commencement of the tenancy will be the date the
relevant tenants took up occupation of the premises. As the ‘tenancy’ commenced in 1 September 2004, the tenancy will be
considered to be a further Part 4 tenancy from 1 September 2008
regardless of how long the additional tenants are living there. The
additional tenants will only benefit from the balance remaining of the
Part 4 tenancy. The PRTB are notifying landlords who are already registered of their
requirement to re-register by means of a letter and media
advertisements. The PRTB will endeavour to contact as many landlords as
possible but ultimately the onus is on the landlord to re-register.
Under no circumstances will the late fee be waived to facilitate a
landlord who claims not to have known about Section 135. 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. 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. 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. 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.
If any of the above should
happen, the Board should be notified so that the record of the tenancy
can be removed from the register – no refund of the registration fee
is payable in such circumstances and no re-registering of the tenancy is
required. 19.
Is there a phone number I can
ring to get more information on re-registering my tenancies? Yes. You can contact the PRTB on 01 6350600 or www.prtb.ie.
Please note that the PRTB website contains all news and information and
should be accessed regularly for updates on Tenancy Registration and
Disputes Resolution. Yes. 21.
If I do not re-register the
tenancy, can I still use the PRTB’s Dispute Resolution Service? No. As a landlord you will not be able to avail of the Dispute Resolution
service provided by the PRTB if you are not registered. However, a
tenant can avail of these Dispute Resolution services whether the
tenancy is registered or not. Under the Residential Tenancies Act 2004, the tenant’s signature must be
on the registration form before it can be registered with the PRTB. If
the tenant won’t sign the registration form, the tenancy cannot be
registered. A tenant’s
failure to cooperate with the completion of the Registration form would
be a breach of the tenant’s obligations under the tenancy in
accordance with Section 16(b) of the Residential Tenancies Act 2004. However, if a landlord requests the tenant to sign the PRTB1 form
immediately prior to the expiry of the 4 years and the tenant refuses to
sign the landlord would be in a position to serve a Notice of
Termination for breach of Section 16 of the Act and avail of the Dispute
Resolution Service, if the need arises, as he would still be a
registered landlord. The existence of a fixed term tenancy does not preclude the operation of
Part 4.[1]
Part 4 runs with a fixed term tenancy, so that the continuous
occupation by a tenant under a fixed term tenancy for a period of 6
months, means the tenant shall, as in normal course, become entitled to
the protections of a Part 4 tenancy.
In cases of fixed term tenancies however, the rights under Part 4
only apply to the extent that they benefit the tenant over and above the
rights afforded to him or her under the terms of the fixed term tenancy. During a lease or fixed term contract, a termination notice can only be served by a landlord for reasons of a breach of any of the conditions listed in the Tenancy Agreement / Lease. The grounds specified in the Act to terminate tenancies (Section 34) are not applicable during the term of the Tenancy Agreement / Lease, unless they themselves are incorporated as part of the agreement.
4[1]. Section 54 provides that parties to a tenancy, cannot contract out of the provisions of Part 4. |
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