The Residential Tenancies Act prohibits the landlord from setting a rent that is in excess of market rent. If a landlord intends reviewing the rent, they must inform you, in writing, of any review in rent, a minimum of 90 days before the new revised rent is due to take effect.
What makes a Rent Review Notice valid?
- It must state the amount of new rent and the date from which is to have effect
- It must include a statement that a dispute must be referred to the Board on the expiry of 28 days from the receipt by the tenant of that notice or the date the new rent takes effect
- It must include a statement by the landlord that it is their opinion that the new rent is not greater than market rent having regard to the other terms of the tenancy, letting values of dwellings of a similar size, type and character and situated in a comparable area
- It must specify the rent amount for three comparable dwellings of a similar size, type and character and situated in a comparable area
- It must include the date on which the notice is signed
- It must be signed by the landlord or his/her authorised agent
- A landlord is also required to notify the RTB of the revised rent so that the registrations details can be updated
- If the dwelling is located within a Rent Pressure Zone, the Formula must be included.
More information on Rent Review Notices
Rights, responsibilities & obligations
Your rights as a tenant come from the Residential Tenancies Act 2004, the Housing Regulations on Minimum Standards and from any written or oral agreement with the landlord. They include that:
- The rented accommodation must be in good condition, eg structurally sound, availability of hot/cold water, adequate heating, appliances in working order, electricity and gas supply in good repair. Please see the Minimum Standards page.
- The tenant must have privacy. Landlords can only enter the rented accommodation with your permission unless it is an emergency.
- Tenants must have a rent book, written contract or lease with the landlord.
- Tenants must be informed when the landlord reviews their rent. Please see information on Rent Reviews here.
- Tenants must be able to contact their landlords at any reasonable time.
- Tenants must be reimbursed by the landlord for any repairs they have carried out on the accommodation. If the damage is beyond normal wear and tear then it is the tenant’s responsibility to pay.
- Tenants must be given valid notice before termination of the tenancy.
- Tenants can refer disputes to the RTB.
Your obligations as a tenant:
- Pay your rent in full and on time.
- Maintain the property in good order and inform the landlord when repairs are needed, allowing him/her or others access for this.
- Do not engage in any activities that may harm the property, eg drying clothes inside the accommodation without proper ventilation, as this may cause damp to spread.
- Allow the landlord to do routine inspections of the property.
- Inform the landlord of who is living in the property.
- Avoid causing damage, nuisance or breaking the law.
- Comply with the terms of the tenancy agreement whether written or verbal.
- Give the landlord valid notice before termination of the tenancy. See sample Notices of Termination here.
- Keep a record of all repairs, payments and dealings with the landlord.
- Not to do anything that could affect the landlord’s insurance premium on the dwelling.
A tenant is entitled to peaceable occupation of a tenancy, and if you wish to inspect the property than a mutually agreeable time must be arranged. However, if the tenant continually refuses you access to the property, they are in breach of their obligation as a tenant. A tenant is entitled to reasonable time to rectify the breach of obligations. You should first write to the tenant, outlining the below, and requesting a mutually agreeable time for inspections. If the issue persists after the tenant has received the letter, you may issue a 28-day notice of termination for breach of tenant obligations.
It is recommended that all correspondence, including texts, between you and the tenant, are retained for record.