As of April 7th 2016, Approved Housing Bodies such as the Iveagh Trust, came under new legislation and are now regulated by the Residential Tenancies Board (RTB). The Residential Tenancies Acts (2004 – 2015) confer rights and responsibilities on both tenants and their landlords.
What is the RTB?
The Residential Tenancies Board was established to maintain a national tenancy registration system and resolve disputes between landlords and tenants, ensuring that the vast majority are no longer adjudicated on in the Courts.
The Trust is currently in the process of registering all tenancies with the RTB. Once registered, the RTB will confirm registration of the tenancy in writing and send details to both the tenant and landlord. Each tenant will have received information in writing from the Trust, accompanied by a booklet from the RTB.
In order to ensure that we comply with the best practice that the RTB require of us, the Trust will in due course issue a new tenancy agreement to all tenants, taking account of the changes introduced in the Residential Tenancies Act.
What does this mean for my tenancy?
It is important to state that our relationship with our tenants will continue in much the same way as it always has.
The Act introduces changes in 3 main areas
for Approved Housing Bodies:
- Extending the length of the notice period required to end a tenancy.
- Making the RTB’s dispute resolution service available to tenants and landlords of Approved Housing Bodies.
- Introducing what are known as “Part 4” tenancy rights & responsibilities.
What is a “Part 4” Tenancy?
All existing tenancies with an Approved Housing Body such as The Iveagh Trust have become what are described as “Part 4” tenancies effective from April 7th 2016.
A “Part 4” tenancy runs in 4 year cycles and provides tenants with security of tenure once the tenant has occupied the dwelling for more than 6 months. Following the initial 6 month probationary period which commenced on April 7th 2016, tenants can avail of the security of tenure provisions as set down in the Act for the following 3 ½ years.
At the end of the first 4 year period, a new 4 year period will commence and the tenancy will become known as a “further Part 4 tenancy”. Following a further 6 month probationary period, the tenant will again benefit from the security of tenure provisions for a further 3½ years, and so on.
The RTB is now responsible for dealing with disputes that arise between tenants and landlords, where efforts to resolve the dispute directly between both parties have not been successful.
Tenants can avail of the RTB’s dispute resolution process for a fee of €15 euro where the application is made on-line, or €25 for a paper based application. However, the RTB requires that both parties make every effort to resolve a dispute internally before availing of their resolution service and will look for evidence that genuine attempts have been made.
Under the Residential Tenancies Act, landlords and tenants seeking to terminate a tenancy are required to give notice of their intention to either party in advance as set out below. Where either landlord or tenant are in breach of their obligations, shorter notice periods can apply.
A shorter notice period may also be agreed between the landlord and tenant where there is mutual consent.
More information for tenants is available by clicking on the link: http://www.rtb.ie/tenants