Private Residential Tenancies Board

Rules

Scope

The Residential Tenancies Act 2004 deals with the regulation of the mainstream private rented housing sector. It does not apply to certain kinds of rented properties:

• Business lettings
• Holiday lettings
• Formerly rent-controlled dwellings or long occupation lease tenancies – separate legislation applies to them
• Owner-occupied accommodation (e.g. if you live in a house with your landlord or if you rent a flat in your landlord’s house)
• Dwellings in which the spouse, parent or child of the landlord lives. This applies to informal family arrangements where there is no tenancy agreement in writing. Formal agreements between the family members e.g. where a lease has been signed are covered by the Act
• Social housing (e.g. Local authority and housing association tenants).

Part 4 of the Act does not apply to:

• Employment-related lettings – these are sometimes called “tied” houses in that they are tied to the job and you must leave the dwelling when the job ends, and
• Section 50 student accommodation.

Read more about tenants' rights and obligations under the Act and read more about landlords' rights and obligations under the Act.

Registration

The Board is responsible for the registration of tenancies. Find out more about tenancy registration.

Dispute resolution service

The dispute resolution process used by the PRTB is confidential, supportive and non-confrontational. Landlords, tenants or other parties directly affected (e.g. neighbours) can initiate the dispute resolution process. Landlords must be registered with the PRTB to use the dispute resolution service.

The service covers disputes about deposits, lease terms, termination of tenancies, rent arrears, market rents, complaints by neighbours, breaches of statutory obligations by either landlord or tenant and any other matters related to the tenancy. The Board can also deal with disputes about terms of a lease or other tenancy agreement that are not specified in the Act. It should not be necessary to have legal representation when taking a case to the PRTB.

The process consists of two stages:

• Stage 1 is confidential mediation* or adjudication** (the parties can decide which method they prefer).
• Stage 2 is a public hearing by a three-person Tenancy Tribunal.

If the parties do not wish to accept the mediator’s or adjudicator’s decision, the dispute can be appealed to the Tenancy Tribunal within 21 days. A mediated agreement or the decision of the adjudicator or the Tribunal results in a determination order from the Board. Decisions made by the Tribunal can only be appealed to the High Court on a point of law. Enforcement of determination orders is through the Circuit Court.

*Mediation means that the parties are helped to come to an agreement together.

**Adjudication means that the adjudicator makes a decision that may or may not reflect any agreement reached between the parties. The parties then decide whether they are willing to accept this decision.

Time limits

Certain types of dispute have defined limited periods. The PRTB may extend these limits in exceptional circumstances.

• You must refer any dispute about rent increases to the PRTB before the rent increase is due to take effect or within 28 days after receiving formal notice of the new rent (whichever is later)
• You cannot refer disputes about rent more than 28 days after the tenancy concerned has terminated
• You must refer disputes about notices of termination within 28 days of receipt of the notice.