Letman

Introduction

The Residential Tenancies Act ( RTA ) is not easy to navigate. There have been succesive amendments to the RTA since it's enactment in 2004, the most recent in 2021. It is only in 2020 that a consolidated version of the RTA has been published.

Opinion on the RTA still varies throughout the industry and those who have contacted the RTB for advice on the RTA can testify that they have received different answers to the same question depending on the day. This is a measure of the complexities involved.

In addition to the RTB, the RTA created a juducial system that deals with disputes. At the time of writing, Adjudicators and Tribunals could not be guided by the RTB in their judgements, which in some cases have been conflicting with prior judgements about the same issue.

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Pre-Legislation

Prior to the Residential Tenancies Act 2004, residential tenancies were unregulated. The practice at the time was to give a 12 month lease.

The common understanding of a rent review was that it was a change of rent and it could occur only every 12 months and apply at the start of the new 12 month Fixed Term lease.

The Residential Tenancies Act 2004

The RTA 2004 established the (P)RTB, a state agency that would amongst other things, maintain a register of tenancies. Registration of a tenancy is now compulsory.

The RTA 2004 also established Adjudicators and Tribunals. The RTB could appoint Adjudicators and Tribunals for disputes but could not direct them. In other words they are independent of the RTB.

In Part 4 of the Act, the principal of a minimum in security of tenure ( Part 4 tenancy ) was created. . . . View full article

Introduction

The PRSA, pursuant to the 2011 Act, made Regulations, known as the Property Services (Regulation) Act 2011 (Client Monies) Regulations 2012 (―the Regulations ), which came into operation on 11th June 2012. The Regulations set out the requirements of Property Service Providers (PSPs) with regard to the keeping of client monies etc. These include but are not limited to :

 


Ensure that no payment, other than money for a client is placed in the Client Account.
Keep proper accounting records detailing information regarding monies received or held for, or paid to or on behalf of, each client.
The Licensee shall not withdraw money from a client account except subject to the amount of monies withdrawn not exceeding the total of the monies held for the time being in the client account on behalf of the client concerned.
Ensure that no debit balance occurs on . . . View full article