Landlord and Tenant Matters
At Lavelle Partners, we provide legal services to landlords and tenants within Dublin and across Ireland. With over 30 years of experience in this area of law, we have handled almost every conceivable challenge in relation to renting and leasing. Our team of landlord and tenant Solicitors will listen carefully to your requirements, whether you need guidance and advice on this area of law, or you are party to a dispute and require representation and will recommend the legal options available to you.
What are a tenant’s rights under the law?
There are a number of laws which provide rights to tenants, including:
- The Landlord and Tenant Acts 1967 to 1994
- The Residential Tenancies Act 2004
- The Residential Tenancies (Amendment) Act 2015
- Planning and Development (Housing) and Residential Tenancies Act 2016
As a private tenant, you are entitled to:
- Quiet enjoyment of your home
- Minimum standards of accommodation
- A rent book
- Contact the landlord or their agent at reasonable times
- Only have the landlord enter your home with your permission
- Reimbursement for repairs
- A notice period for termination of tenancy
- Refer disputes to the Residential Tenancies Board (RTB) without penalty
- A Building Energy Rating (BER)
What is security of tenure?
Under Part 4 of the Residential Tenancies Act 2004 and the Planning and Development (Housing) and Residential Tenancies Act 2016, security of tenure affords a tenant the right to remain within the rented property for up to six years, if they have lived there for at least six months and have not been served with a notice of termination (note this will be four years if your tenancy commenced before 24th December 2016).
What if the landlord wishes the tenant to leave?
Before security of tenure applies, a landlord can ask a tenant to leave without giving a reason. It should be noted, however, that if you have a fixed-term tenancy, your landlord cannot seek to remove you at all during the period of the agreement, unless you have breached your terms.
Once security of tenure applies, a landlord can only seek to have the tenancy ended early if the tenant has been in breach of the agreement, the property is unsuitable for the needs of the tenant, the landlord intends to sell their property within 3 months, the landlord requires the property for their own use (or for a close family member), the landlord wishes to change the use type of the property, or they plan to undertake substantial refurbishment.
What are alternative dispute resolution (ADR) methods?
ADR is a method of seeking to resolve disputes between landlords and tenants which does not involve the Courts, such as mediation or arbitration. Under this process, both parties (landlord and tenant) will voluntary agree to seek a resolution to their dispute. An impartial third-party will listen to the case from both sides and help to find a resolution.
ADR methods are often more effective than traditional formal legal litigation, and can take less time, incurs less cost, and may preserve the ongoing relationship between the parties. It is for these reasons we highly advocate for the use of ADR in even the most complex of landlord and tenant matters.
Why Choose Lavelle Partners?
- Our property Solicitors have a wealth of practical knowledge and experience in relation to commercial and residential property law in Ireland.
- We are personally invested in our clients’ success. As such, we help you tackle problems and capitalise on opportunities swiftly. If a conventional solution does not achieve your objectives, we will challenge it, disrupting conventional ways of thinking to create a result that works for you.
- When it comes to making decisions, our experience and knowledge give us the confidence to make decisions quickly, a crucial factor in property matters.
When you speak to one of our property Solicitors, will take the time to listen to your requirements, and will advise you on your options, and expected costs. At all times, you can be assured we will be open, honest and proactive in assisting you with your matter.
For further information on how we can help you with landlord and tenant matters in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.