The landlord must inform the Board of a change in the rent payable in respect of a dwelling within one month of the change occurring. Landlords should at the same time notify the Board of any other change to the registered tenancy details e.g. a replacement tenant. No fee is payable for informing the Board of these changes.
Duration of the registration
Once a tenancy is registered it remains a registered tenancy for as long as the tenancy remains in existence. Once the tenancy is terminated, any new tenancy created in respect of the dwelling must be registered with the Board. Under the pro¬visions of Part 4 of the Act if the tenancy has not previously been terminated it will be deemed to be terminated when it has lasted 4 years and a new tenancy will then commence between the parties. This new tenancy must be registered with the Board and the registration fee paid.
If the dwelling ceases to be let, the Board should be notified so that the record can be removed from the register - no refund of the registration fee is payable in such circumstances.
Enforcement of registration requirements
The registration of a tenancy is a legal requirement on the landlord. Landlords failing to register a tenancy may be guilty of an offence and upon conviction shall be liable for a fine of up to €3,000 and/or up to 6 months in prison, along with a daily fine of €250 for a continuing offence.
A tenancy must be registered with the Board before the landlord can avail of the Board’s dispute resolution service.This restriction does not apply to tenants wishing to avail of the service.
The PRTB will rigorously enforce the tenancy registration legal requirement. Where the PRTB has reason to believe that a tenancy exists that ought to be registered it may require the Bord Um Thionóntachtaí Cónaithe Príobháideacha tenant(s) to supply it with any information the tenant(s) have about the landlord’s identity. Failure to co-operate is an offence.
Registration
Tenancies falling within the scope of the Residential Tenancies Act 2004 must be registered with the Private Residential Tenancies Board. It is the responsibility of the landlord to register the details with the Board. Both the landlord and the tenants are entitled to a copy of the details entered on the register.
Note: The 1996 Regulations requiring landlords to register tenancies with the local authority have been repealed.
The provisions of the Act, including the requirement to register, apply to the vast majority of private rented dwellings. However, there are certain dwellings that are excluded, including:
• Business premises
• A dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies (i.e. formerly rent controlled dwelling occupied by the ‘original tenant’ or his/her spouse)
• A dwelling let by a local authority or voluntary housing body
• A dwelling occupied under a shared ownership lease
• A holiday let.
• A dwelling in which the landlord is also resident
• A dwelling in which the spouse, parent or child of the landlord is resident and there is no written lease or tenancy agreement
When to register
All existing tenancies must be registered with the Board within three months from 1st September 2004.All new tenancies must be registered within that period or within one month of the commencement of the tenancy, whichever is the later. See also Updating the Register below.
Registration form
To register a tenancy, a landlord must complete a registration form (PRTB1) which will be provided by the Board. This form must be signed by the landlord or authorised agent and all the ten¬ants. This form is also available from local authority Housing Sections and can be downloaded from the Department of the Environment Heritage & Local Government website. (www.environ.ie)
What details must be supplied
A number of key pieces of information must be provided in the registration application.These include:
• The address of the dwelling
• The name, address and PPS number of the landlord and any authorised agents of the landlord
• The number of occupants of the dwelling
• The name and Personal Public Service Number (PPSN) of the tenant(s) of the dwelling (Note: prospective tenants should be aware that the PPSN is required for registration and they should be prepared to provide it to the landlord)
• A description of the dwelling including the number of bed spaces
• The date the tenancy commenced
• The amount of rent payable and payment intervals
Registration number
Each tenancy registered with the Board will be allocated a unique registration number. The registration number, along with the details of the registration entry, will be issued to both the landlord and the tenant within a few weeks. This registration number is important and it should be kept in a safe place. The registration number will be required when dealing with the Board. If either the landlord or the tenant(s) have not been contacted by the Board within 2 months of the commencement of the tenancy or Bord Um Thionóntachtaí Cónaithe Príobháideacha one month of the landlord’s application to register, they should contact the Board. When registration confirmation is received, both the landlord and tenant should satisfy themselves that the details are correct.This is especially important with regard to the recorded tenancy commencement date, as the recorded date will be accepted as the date the tenancy commenced.This date may be important in the event of a dispute arising in relation to tenancy termination, notice periods, etc.
The published register
The Board maintains a published register, which is available for public inspection at the Board’s office. However, the published register will not contain any information that could lead to the disclosure of the identity of the landlord or tenant(s) or the rent payable.
Fee
The fee payable to register a tenancy is €70. If a landlord is registering a number of tenancies in a single building at the same time and within the specified time limits, a composite fee of
€300 is available.A fee of €140 will apply to late registrations.
No fee will be charged where, in the previous 12 months, the landlord registered the tenancy with the local authority under the 1996 Regulations and paid the appropriate fee in respect of it.
No fee will be charged where 2 registrations to the PRTB, accompanied by the appropriate fee and made within the required period, have been made in respect of the same dwelling in the previous 12 months.
A single registration fee is payable in respect of a tenancy shared by a number of tenants. However, should separate tenancy/letting agreements exist between the tenants and the landlord, it will be necessary to register each tenancy and pay the appropriate fee separately.
Private Residential Tenancies Board
Canal House
Canal Road
Dublin 6
Tel: +353 1 8882960
Fax: +353 1 8882819
e-mail:Tenancies_Board@environ.ie
web-site: www.environ.ie