Various Regulation

Registration of Tenancies

Landlords are obliged to register details of all tenancies with the Private Residential  Tenancies Board. The PRTB maintain a register with certain information about the tenancy, which is available on-line. It does not contain the key commercial terms of the letting. A mortgagee may be able to obtain details of the letting from the Residential Tenancies Board on the basis of having an interest. The registration fee is €70 per tenancy with a cap of €200 where there are several tenancies of a number of units in one building.

Each new  tenancy must be registered.   The required details include the PPS number of the landlord, the name and PPS number of tenants, details of the property, the  commencement date, the term and rent under the lease and other requisite information. Within one month of every change in the rent, in the landlord is obliged to advise the Board of the  renewed rent. Certain important changes such as cessation of tenancies must be registered as must cessation of the property being a rented property. It is an offence not to register where required.

Rent Books

There is a requirement for a landlord to furnish a tenant with a rent book. There is a prescribed format. The regulations require that the rent books must include;

• details of the  property;
• name and address of landlord tenant
• rent and when and how it is paid;
• amounts for services;
• amount and purpose of deposit;
• date of commencement;
• particulars of  furnishings and appliances provided

The rent book must contain a prescribed statement of tenant’s rights in a specified format.

Minimum Housing Standards

Regulations made in 1993 prescribe minimum standards for rented houses. The regulations have been recently updated. The most significant changes will not commence until 2013. The regulations apply to every house left for rent, with some minimal exceptions.  A house includes an apartment.

A house must be in a proper state of structural repair. This means it must be essentially  sound with roof, floors, ceilings, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.

The following must be provided;

• a sink  in the habitable area;
• a water closet and fixed bath or shower in the  habitable area or on the floor above or below; there are certain limitations on houses and lettings granted prior to 1992;
• adequate water and drainage is to be provided for each sink and water closet fixed bath or shower required;
• an appliance or appliances capable of providing adequate heating;
• facilities for the installation of cooking equipment with provision, where necessary, for the safe and effective removal of fumes and other products of combustion to the external air, and
• facilities for the hygienic storage of food

Installations for electricity and gas must be maintained in good working repair and condition with safe and effective of removal fumes. Every room must have adequate ventilation. Windows and other means of ventilation must be maintained in good repair. Every bathroom or toilet must have a certain minimum ventilation.

New regulations in relation to housing standards commenced in February 2009. Some of the more onerous aspects of the regulations, which relate to sanitary facilities, heating and food preparation do not come into effect until February 2013 The regulations are much the same as regards structure and repair. A house must be  maintained in a proper state of structural repair. This means that the property must be essentially sound with roof, floors, ceiling, walls and stairs in good repair and not subject to serious dampness or liable to collapse because they are rotted or otherwise defective.

Multi Unit Regulation

Legislation is due to be passed in the near future regulating apartments and other multi unit development. The legislation is designed to deal with perceived abuses and shortcomings that arise with developers and management companies.

The legislation will regulate management companies in multi-unit developments where more than five units are designed for residential use. A management company must be set up and ownership of the common areas must be transferred to it. In the case of existing multi-unit developments, the developer must transfer ownership of the common parts within six months of commencement to the Act. The developer must complete the common areas if they are uncompleted.

The legislation imposes specific obligations on management companies. There must be an annual report, accounts and general meetings. Certain notices must be given to the  owners. Management companies must establish a scheme for annual service charges to fund expenditure and maintenance of the common areas. It may not be used to defray matters which are at the responsibility after the developer, unless more than 90 per cent of members approve.

There is an obligation to establish a sinking fund for refurbishment, improvements and maintenance of a non-recurring nature. Owners must be make contributions to the sinking fund.  It must be held in separate accounts.

There will be a power for the owner’s management company to make house rules. They must be approved by a management meeting of which  not less than 21 days’ notice has been given in advance.

Letting Agreements

A letting agreement for a term of one year or more  must be in writing and signed by the parties. Verbal lettings for a shorter period are valid. The DSBA has produced a draft letting agreement, consistent with the Residential Tenancies Act. Any older forms in use are inconsistent with the Act so that some it the terms and conditions are overridden.

Energy Rating Certificate

A BER (Building Energy Rating) certificate rates the energy rating of dwellings. “A” rated homes are the most energy efficient and G the least efficient. From the 1st of January 2009 a BER certificate is compulsory for all homes being sold or rented. All new homes (even when not for sale) must have a BER certificate before they are occupied.

BERs will be carried out by BER Assessors, registered by Sustainable Energy Ireland (SEI).  A list of BER Assessors is available on the SEI. It is an offence for persons not registered with SEI as BER Assessors to purport to carry out a BER assessment service for the purposes of the Regulations. BERs cost in the region of €250.