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The
Residential Tenancies Act
2004 - A Quick Guide
The
Act contains far-reaching
reforms of the private rented
sector, based on the recommendations
of a Commission on the Private
Rented Residential Sector
published in July 2000.
A
large portion of the Act
will come into operation
on 1 September 2004, including:
improved security of tenure
through a system of 4-year
tenancy cycles; new tenancy
termination procedures,
including longer notice
periods linked to length
of tenancy; establishment
of a statutory Private Residential
Tenancies Board (PRTB);
a new system of tenancy
registration with the PRTB;
voluntary renunciation of
the right to long-occupation
equity leases; higher penalties
for offences relating to
standards and registration
of private rented accommodation;
and extension of local authority
powers to address anti-social
behaviour.
Provisions
in the Act for a new dispute
resolution service through
the PRTB instead of the
Courts, involving mediation
or adjudication and tenancy
tribunal hearings, will
come into operation later
this year, as will other
provisions connected with
the dispute resolution process.
These include provisions
setting out clearly the
statutory tenancy obligations
of landlords and tenants
and providing that landlords
will not be entitled to
seek a rent greater than
the market rate and that
rent reviews (whether up
or down) may not occur more
than once a year unless
warranted by substantial
change in the accommodation.
The Act will be fully in
force before the end of
2004.
The
role of the PRTB, in addition
to providing a State-subsidised
dispute-resolution service
for private sector tenants
and registered landlords
and operating the new tenancy-registration
system, will include a range
of monitoring, research,
information and policy-advice
functions in relation to
the private rented sector.
The
Act is the core element
of the Government's overall
programme to promote reform
and development of the private
rented sector. Strategic
action to promote improvement
in accommodation standards
will be pursued, other measures
to encourage development
of the sector will be examined,
and the legislation itself
is likely to be developed
further over time.
Meanwhile
three key changes from 1st
September include:
Tenancies lasting 6 month
can only be terminated on
specified grounds and by
notice under the Act.
Landlords must register
with the PRTB with incentives
for doing so and strong
sanctions for non-compliance.
Leases and tenancy agreements
should reflect the new legislation.
A
detailed summary of the
main provisions of the Act
is available at www.environ.ie
For
further information contact:
Private
Residential Tenancies Board:
01 8882960
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