By Caroline Browne, Partner
Landlords: do you know that there is a requirement to re-register a tenancy with the Private Residential Tenancy (PRTB) board after four years?
Part 4 of the Residential Tenancies Act 2004 provides that where a tenancy has been in existence for 4 years, it must be re-registered with the PRTB. If you previously registered a tenancy with the PRTB, and 4 years have passed, you will now receive a reminder from the PRTB setting out that if the tenancy is still in existence that it is a legal requirement under section 135(1) (c) of the Residential Tenancies Act 2004 that, to re-register the tenancy within one month. Failure to comply with a request to re-register is an offence under the Act and you can be prosecuted by the PRTB.
For tenancies commenced after the 1st January 2011, the fee payable is €90 per application. However where the tenancy is being registered late the fee payable is €180. The PRTB has no discretion when it comes to penalties/late fees and there is no exceptions provided for in the act.