Letman

As part of the Residential Tenancies (Amendment) Act 2019, Further Part 4 Tenancies created at the end of each 6 year cycle are now no longer considered as New Tenancies. A Further Part 4 Tenancy is now treated as a continuation of the current existing tenancy and consequently a new rent cannot now be set at the start of the Further Part 4. Previously on Letman, a new lease had to be created, deposits transferred and the old lease archived.

This is no longer required.



Instead, a current Part 4 Expiry Date of say 29 May 2025 is now extended by a further 6 years until the 29 May 2031.

Additionally, in the case of the FIRST Further Part 4 the Landlord has the option of denying this and terminating the tenancy subject to giving the correct notice period to the tenant(s). The RTB has . . . 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The Licensee shall not withdraw money from a client account except subject to the amount of monies withdrawn not exceeding the total of the monies held for the time being in the client account on behalf of the client concerned.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

Introduction

Residential Tenancy Legislation is not easy to understand. Legal opinion has varied from reliable to wrong. Furthermore the RTB do not generally give opinion ( although we did get a letter from them as can be seen at the end of our last blog ). However, for the most part the RTB describe themselves as a quasi-judicial body and tend to reference the Act directly. Where they provide examples of the application of the law, they do not explain the logic behind the application. Nor can they direct the Adjudicators or Tribunals on their opinion which has resulted in some bizarre judgements. Unfortunately after the Tribunal the next stop is the High Court so consequently none of these judgements are tested.



When the opionion is not explained by the RTB, this has left the users of this legislation, Landlords, Tenants and Property Agents at a severe . . . View full article

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