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.
