Explainer: What are your rights as a private tenant?

A Know Your Rights article from Cork Citizens Information Centre (CIC) regarding rights and responsibilities when living in private rented accommodation.
Explainer: What are your rights as a private tenant?

BIG DECISION: A private tenant has certain rights and responsibilities

As a private tenant, you have several important rights:

You have the right to live in your home without disturbance. If noise from neighbours or other tenants is a problem, ask them to stop and inform your landlord. If the issue continues, you can make a formal complaint.

Your home must meet certain basic safety and quality standards. You are entitled to get a rent book from your landlord.

You can contact your landlord or their agent at reasonable times, and you must be given their correct contact details (phone, email, postal address).

Your landlord can only enter your home with your permission. Repairs or inspections should be arranged in advance, unless there is an emergency. If the property is being sold, you must allow viewings, but they must be arranged with you beforehand.

If you pay for repairs that are the landlord’s responsibility, you should be reimbursed. However, you should first give your landlord an opportunity to carry out the repairs.

You can have visitors stay overnight or for short periods unless your tenancy agreement says otherwise. You must inform your landlord if someone moves in permanently.

You are entitled to receive proper notice if your tenancy is being ended.

Your landlord must give you at least 90 days’ notice before reviewing the rent, and there are rules on how often this can happen.

You can refer disputes to the Residential Tenancies Board (RTB) without being penalised.

You have the right to request a copy of the RTB registration for your tenancy.

All rental homes must have a Building Energy Rating (BER) showing how energy-efficient the property is.

What is security of tenure?

Security of tenure is a tenant’s right to stay in rented accommodation for a set amount of time. It applies automatically when you have been renting for six months and haven’t received a valid notice of termination from your landlord in that time.

The amount of time you are entitled to stay in rented accommodation after the first six months depends on when your tenancy began as the rules about security of tenure have changed several times.

Since March 1 this year, you can stay up to six years after renting for six months without getting a valid notice of termination. Your tenancy can extend for six-year cycles after this, unless your landlord ends it for specific reasons.

If your tenancy commenced between June 11, 2022, and the end of February 2026, you can stay for an unlimited period after six months renting unless you get a valid notice of termination. The rules were different prior to June 11, 2022 also. You can contact your local CIC for more information.

As well as rights, tenants also have responsibilities. What are these?

As a tenant you must pay your rent on time and any other charges that are specified in the letting agreement. For example, waste collection charges, utility bills, management fees to the management company in an apartment complex. You are obliged to keep the property in good order and tell the landlord if repairs are needed and give the landlord access to the property to do the repairs

You must also give the landlord access (by appointment) for routine inspections and viewings if they are selling it and tell the landlord about who is living in the property

You must avoid causing damage or nuisance and make sure that you do not cause the landlord to be in breach of (breaking) the law

You must also comply with any special terms in your tenancy agreement, either verbally or written down, give the landlord the information they need to register with the RTB and give the landlord proper notice when you are ending the tenancy.

What are the reasons that a landlord can end a tenancy of minimum duration?

Since the start of March, larger landlords can only end a tenancy of minimum duration if tenants are not meeting their obligations, such as paying rent or the property is no longer suitable, for example, the property is now too small for a family or is not accessible.

Smaller landlords can only end a tenancy during the six-year period of a TMD if:

The tenant is not meeting their obligations, such as paying the rent

The property is no longer suitable for the tenant, for example, the property is now too small for a family or is not accessible

The landlord is experiencing hardship, for example, because of a separation, homelessness, bankruptcy or after returning to Ireland from abroad

The landlord needs the property for themselves or an immediate family member to live in. These can be, the landlord’s spouse, civil partner, child, stepchild, foster child, adopted child, parent, step-parent or parent in-law.

After the six-year period, smaller landlords can also end a tenancy of minimum duration if they intend to sell the property or they are substantially refurbishing or renovating the property. They can also end it if they need the property for themselves or a family member.

Valid reasons for ending a tenancy of unlimited duration created between June 11, 2022, and February 28, 2026, include the tenant is not meeting their obligations, such as paying the rent; the property is no longer suited to your needs, for example, if it is too small; the landlord intends to sell the property within nine months; the landlord needs the property for their own use or for an immediate family member; the landlord plans to change the use of the property (for example, convert it from residential use to office use); the landlord intends to refurbish the property substantially

For more information, including information in relation to tenancies signed prior to June 10, 2022, it would be best to contact your local CIC.

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