Notice to Túath Tenants: RTB

Notice to Túath Tenants regarding The  Residential Tenancies Board

As of Monday 4th April 2016 the Association have an obligation to register all tenancies with the Residential Tenancies Board. The RTB operate a national tenancy registration system and assists to resolve disputes between landlords and tenants. It also provides policy advice to the Government on the rented sector, and its dispute resolution service replaces the courts in relation to the majority of landlord and tenant disputes.

The Association had 12 months to register all tenants with the RTB.

Part IV (part 4) of the Residential Tenancies Act 2004 contains the security of tenure measure for tenants based on 4-year cycles whereby tenancies that have lasted more than 6 months become ‘Part 6 tenancies’. Unless there is a breach of the tenancy obligations, they may only be terminated by the landlord during the following 3½ years where one or more of the 6 grounds listed in the Table to section 34 of the Act arises. Please click here to access the Residential Tenancies Act 2004.

At the end of the 4-year period, the tenancy is deemed terminated and a new tenancy comes into being where the dwelling continues to be let to the same tenant(s). This new tenancy is known a ‘further Part 4 tenancy’ and, if not terminated by the landlord within the following 6 months, may only be terminated during the remainder of the successive four years where one of the grounds in the Table to section 34 arises, or an actionable breach of obligations.

Each tenancy must be registered with the RTB. Once registered the RTB will send out written confirmation of the registration to both the tenant and landlord. When the Part 4 tenancy is deemed to be terminated at the end of the four year cycle and a further Part 4 tenancy comes into being, this tenancy must be registered with the RTB.

How does it affect my tenancy agreement?

The terms of your tenancy agreement still exist and security of tenure continues pending continued payment of rent and no anti-social behaviour; the two main changes under the part 4 tenancy that’ll affect both the Association and our tenants are the change to required notice periods and dispute resolution.

Notice Periods:

Going forward both the Association and our tenants have a legal obligation to ensure sufficient notices periods are given should one party wish to end the tenancy.

In order to validly terminate a tenancy a landlord / tenant must serve a valid notice of termination on the tenant / landlord.  If the tenant does not vacate upon the expiration of a valid notice of termination or if a landlord / tenant does not believe that the Notice of Termination is valid they can submit a dispute to the RTB for resolution.

Disputes:

An application for Dispute Resolution can be made by registered landlords and all tenants (regardless of whether the tenancy is registered or not) and Third Parties, who are affected by a landlord’s failure to enforce their tenant’s obligations.

Where there is a dispute between the Association with regard to arrears or anti-social behaviour we will continue to follow our in house complaints policy/procedure. Once we’ve exhausted our internal policy/procedure the dispute will be deferred to the RTB for mediation or adjudication.

A tenant can also register a dispute with the RTB; the recommendation from the RTB is that where a dispute is occurring all efforts to resolve the dispute are taken between the parties before registering with the RTB. The RTB will look for evidence of attempts made to resolve the dispute.  The current fee for Dispute Resolution online is €15 and Paper Application is €25.

The Association will be communicating directly to all tenants in the coming weeks advising of the changes under the PART 6 Tenancy legislation.  In the meantime should you have any queries or concerns regarding the above please contact your Housing Officer or The RTB. Please note the RTB cannot provide legal advice.

CONTACT THE RTB

Please note that the RTB is not a Public Office.

You may however wish to contact the RTB by telephone, email or post.

Phone the RTB: 8:00am to 6.00pm Monday to Friday – 01-702 8100  or  0818 30 30 37

Send a fax to the RTB – 0818 30 30 39

Emails to the RTB should be directed to the appropriate email address below. This will enable us to deal with your query as quickly as possible. If you have a reference number please quote this in all correspondence.

Tenancy Registration queries: registrations@rtb.ie

Registration Enforcement : enforcement@rtb.ie 

Dispute Resolution queries: disputes@rtb.ie 

All postal correspondence should be directed to:

RESIDENTIAL TENANCIES BOARD,

PO BOX 47,

CLONAKILTY,

COUNTY CORK.

 


April 12th, 2016