S.I. No. 217/2016 - Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th May, 2016.

The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by section 8 of the Residential Tenancies Act 2004 (No. 27 of 2004) (as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby makes the following regulations:

1. These Regulations may be cited as the Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016.

2. These Regulations come into operation on 9 May 2016.

3. The notice set out in Schedule 1 is prescribed for the purposes of 22 (2) of the Residential Tenancies Act 2004 (No. 27 of 2004).

4. (a) The acknowledgement set out in Part 1 of Schedule 2 to these Regulations is prescribed for the purposes of the acknowledgment to be sent to a landlord under section 135 (4) of the Residential Tenancies Act 2004 (No. 27 of 2004).

(b) The acknowledgement set out in Part 2 of Schedule 2 to these Regulations is prescribed for the purposes of the acknowledgment to be sent to a tenant under section 135 (4) of the Residential Tenancies Act 2004 (No. 27 of 2004).

SCHEDULE 1

Regulation 3

Notice to be served under section 22 (2) of the Residential Tenancies Act 2004 stating the amount of the new rent

To: (Insert Name of Tenant(s))

1. A review of the rent under the tenancy of your dwelling has been carried out and a new rent has been set on foot of that review. The amount of the new rent is [state amount of the new rent].

2. The new rent shall have effect from [state date from which the new rent is to have effect].

3. Any dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Residential Tenancies Board (RTB) under Part 6 of the Residential Tenancies Act 2004 before-

(i) [insert date from which the new rent is to have effect]

or

(ii) the expiry of 28 days from the receipt by you of this notice,

whichever is the later.

4. I, [insert name of landlord], state that in my opinion the new rent is not greater than the market rent, having regard to the other terms of the tenancy, and letting values of dwellings of a similar size, type and character to the dwelling that is the subject of this tenancy, and situated in a comparable area to that in which the dwelling the subject of your tenancy is situated.

5. In that regard, please see specified below the amount of rent sought* for 3 dwellings of similar size, type and character to the dwelling the subject of your tenancy, and situated in a comparable area to that in which the dwelling the subject of your tenancy is situated.

Dwelling 1 [insert rent sought]

Dwelling 2 [Insert rent sought]

Dwelling 3 [insert rent sought]

6. Date: [Insert date that notice is signed]

7. Signature: [To be signed by landlord/authorised agent]

*‘amount of rent sought’ means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which this notice is served.

SCHEDULE 2

Regulation 4

Part 1

Name and address

(Please quote this reference in all future communications with the Residential Tenancies Board)

This letter is important and should be kept in a safe place.

Dear Landlord,

Thank you for your application and fee in the amount of [Insert amount] to register a tenancy. The tenancy which commenced on [Insert commencement date] has been registered with the Residential Tenancies Board (RTB), previously known as the Private Residential Tenancies Board (PRTB). The Registered Tenancy (RT) Number is: [Insert Number] and this relates to:

[Insert details of tenancy]

Section 132 of the Residential Tenancies Act 2004 provides that either party to a tenancy may request a copy of the entry in the Register of Tenancies. This application must be made in writing. Please note that the RTB will request such information as is considered necessary to confirm the identity of the person making an application under section 132.

Registration lasts the length of the tenancy but subject to a maximum of four years. This means that tenancies must be re-registered where they have existed for four years or every time a new tenancy commences.

This letter does not constitute proof of the tenancy or the terms thereof but is merely a confirmation that the tenancy has been registered on foot of the registration particulars provided.

Enclosed with this letter is a guide titled “How to be a Good Tenant/Good Landlord”. The RTB would encourage you to read this guide and inform yourself of your rights, responsibilities and obligations. It is also a useful reference throughout the tenancy should any issues arise. Landlords are encouraged to resolve disputes directly with their Tenant/s if issues arise. If this is not possible, a Landlord may be entitled to refer a dispute to the Board under section 78 of the Residential Tenancies Act, 2004, relating to, for example:

• Rent set under a tenancy or in respect of the rent determined on foot of a review

• Rent Arrears

• Over-holding

• Antisocial behaviour

Also enclosed with this letter is a “declaration of undertaking form”. This may apply to you if your tenant is in receipt of rent allowance or if your tenants rent is payable by a local authority. In order to qualify for a 100% deduction for interest on borrowings through Revenue, this form must be completed and returned to the RTB.

Note: Details in relation to the Tenancy may be disclosed to the Revenue Commissioners under section 147A of the Residential Tenancies Act 2004 .

Part 2

Name and Address

This letter is important and should be kept in a safe place.

Dear Tenant,

Your Registered Tenancy (RT) Number is: [Insert number]

(Please quote this reference in all future communications with the Residential Tenancies Board)

It is the responsibility of landlords to register residential tenancies with the Residential Tenancies Board (RTB) formally known as the Private Residential Tenancies Board (PRTB) under the Residential Tenancies Act, 2004. I wish to inform you that your landlord has registered your tenancy which commenced on [Insert date of commencement] with the RTB.

Section 132 of the Residential Tenancies Act 2004 provides that either party to a tenancy may request a copy of the entry in the Register of Tenancies. This application must be made in writing. Please note that the PRTB will request such information as is considered necessary to confirm the identity of the person making an application under section 132.

This letter does not constitute proof of the tenancy or the terms thereof but is merely a confirmation that the tenancy has been registered on foot of the registration particulars provided.

Enclosed with this letter is a guide titled “How to be a Good Tenant/Good Landlord”. The RTB would encourage you to read this guide and inform yourself of your rights, responsibilities and obligations. It is also a useful reference throughout the tenancy should any issues arise. Tenants are encouraged to resolve disputes directly with their landlord if issues arise. If this is not possible, a tenant may be entitled to refer a dispute to the Board under section 78 of the Residential Tenancies Act, 2004, relating to, for example:

• Rent set under a tenancy or in respect of the rent determined on foot of a review,

• Validity of Notice of Termination,

• Retention of deposit by landlord at end of tenancy,

• Failure by landlord to maintain or repair property or comply with terms of lease.

Note: Details in relation to the Tenancy may be disclosed to the Revenue Commissioners under section 147A of the Residential Tenancies Act 2004 .

GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government.

3 May 2016.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe the forms to be used-

(a) by a landlord when notifying a tenant of the setting of a new rent under section 22 of the Residential Tenancies Act 2004 , and

(b) by the Residential Tenancies Board when acknowledging the receipt of an application for registration of a tenancy under section 134 of the Residential Tenancies Act 2004 .