It can be hard for landlords to navigate learning everything they need to do to rent their property to a new tenant. There are lots of things to consider when renting a property, so we have created this guide to help take landlords through everything they need to do.
What is a Landlord?
So, first of all, a landlord is the person who rents a property to a tenant. They are the person who receives the rent from the tenant. Landlords can be individuals, companies, or providers of Student Specific Accommodation or Approved Housing Bodies (AHB).
Registering as a Landlord
All private residential landlords must register their tenancies with the Residential Tenancies Board (RTB). To register your rented property, you can download a PRTB1 form from the RTB website.
It’s a requirement to register your new tenancy so that the RTB can ensure that landlords and tenants are aware of their rights and responsibilities. In addition to this, the RTB can also investigate and sanction landlords who engage in Improper Conduct, i.e. a breach of rental laws.
Part 4 Tenancies
As a first-time landlord you may not be aware that once a tenant has lived in a property for more than 6 months, a Part 4 tenancy occurs. This entitles the tenant to live in the property for a further 5.5 years.
It’s important to note that this is irrespective of the lease agreement, so even if the lease with your tenant is for one year, they will still have Part 4 tenancy rights after living in the property for more than 6 months. So, they will be entitled to remain in the property for up to 6 years and you can only terminate the lease on limited grounds under the Residential Tenancies Act.
Residential Tenancies Act
The Residential Tenancies Act sets out the rights and obligations of both the landlord and the tenant. As a landlord, it’s important to make yourself familiar with the act so you know what your rights and responsibilities are. You can find the Residential Tenancies Act here.
One key responsibility of a landlord is that the property must be insured. Landlord insurance usually only covers the building as it is the tenant’s responsibility to take out contents insurance to protect their own personal belongings. We’ll cover insurance in more detail in the second part of our guide for landlords.
What should be included in a tenancy agreement?
Once you have made a decision about the tenant that you are going to rent the property to, you will need to draw up a tenancy agreement, which can often be referred to as a lease. It includes all agreements with the tenant and lays out what is expected from the tenancy.
You should include the following details in your tenancy agreement:
The date that the rent is due and how much the rent is
The landlord and tenant’s rights and responsibilities
State which services are the tenant’s responsibility to pay e.g. electricity, broadband, rubbish collection etc.
Any conditions associated with living in the property e.g. if pets are allowed etc.
It’s also important to note that a tenancy agreement must abide by the Residential Tenancies Act and must adhere to the rights laid out in the Act. In essence, a tenancy agreement cannot provide fewer rights than the law provides.
Rent Pressure Zones
Rent Pressure Zones (RPZ) are specific areas in the country where rents are highest and rising. Rents in these areas cannot be increased by more than general inflation rates, as recorded by the Harmonised Index of the Consumer Price (HICP), or by more than 2% if the HICP inflation is higher.
The RTB has created an RPZ calculator to help landlords calculate the maximum amount that they can increase their tenant’s rent by. You can also use the RPZ calculator to determine whether your property is in a Rent Pressure Zone.
General Tips for Landlords
We’ve compiled a list of helpful tips for landlords to guide you through the renting process and to help you ensure that you provide your tenant with a good renting experience.
First up is to ensure that you screen potential tenants. You should always seek references from potential tenants so you can check whether they are reliable and trustworthy characters. You can ask for a reference from a previous landlord or from an employer.
You should provide the tenant with a receipt for the deposit they pay you. The deposit is usually one month’s rent.
Make a list of the contents of the property and the condition of all items before the tenancy begins. You should ensure that the tenant signs this so you can confirm their agreement.
When a tenant moves into the property, it’s always good practice to provide them with manuals on how to work appliances in the property. For example, the washing machine, oven, heating etc. This will ensure your new tenant can settle in smoothly.
If your tenant ever reports an issue within the property, it’s important to be open and communicate well with them to ensure they know how you plan to rectify the issue. You should continuously update your tenant on the progress of resolving the issue. They will appreciate knowing that you are trying to fix the issue in an efficient and timely manner.
Ending a Tenancy
When you’re ending a tenancy, you must send a notice of termination to the tenant. This notice should be in writing and it should include the date that the notice was served on. You should sign the notice, explain why the tenancy is ending and provide the date that the tenant must vacate the property by.
If the tenancy has been over 6 months, you must provide a reason why the tenancy is ending. The reason must also be one of the grounds contained in Section 34 of the Residential Tenancies Act.
In addition to this, you must also state that the tenant has 28 days to refer the dispute to the RTB if they have any questions about the validity of the notice or your right to end the tenancy.
The RTB website has some sample notices of termination that you can download.
Please note that when you’re ending a tenancy, you must provide a copy of the validly served notice of termination to the RTB.