Letman

Introduction

Depending on whether the tenancy started before or on / after the 24th December 2016, a residential tenancy is in either a four year or six year cycle.

One question that has created much uncertainty is what happens at the end of this 4 or 6 year cycle ? Does the tenancy end or does it continue? Does the clock get reset and everything start again as if the tenant walked in the door for the first time ?

The issue of rent reviews has been discussed in previous articles but what if a change of rent occurred say one month prior to the end of the tenancy and how will this affect the Further Part 4 Tenancy ?

These questions are answered below.

What we do know...

What is a tenancy ?

A residential tenancy is defined as ( RTA 2004, . . . 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The Licensee shall not withdraw money from a client account except subject to the amount of monies withdrawn not exceeding the total of the monies held for the time being in the client account on behalf of the client concerned.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