The Private Residential Tenancies Board (more commonly known as the PRTB) is an organisation which is responsible for tenancy registration, all landlords must register new tenancies with the board, it also provides a dispute resolution for landlords and tenants.
It does not apply to all properties and the following properties are exempt: (a) Business/ commercial premises
(b) A dwelling to which Part II of the Housing (Private Rented Dwellings) Act1982 applies (i.e. formerly rent controlled dwelling occupied by the ‘original tenant’ or his/her spouse).
(c) A dwelling let by a local authority or voluntary housing body.
(d) A dwelling occupied under a shared ownership lease.
(e) A holiday lettings and section 50 student accommodation
(f) A dwelling in which the landlord is also resident.
(g) A dwelling in which the spouse, parent or child of the landlord is living
HOW DO YOU REGISTER WITH THE PRTB?
You can obtain a PRTB1 form from www.prtb.ie. You will need the following information to complete the form
(a) The address of the rented residential property.
(b) Your name details, name, address and PPS numbers. If you have authorised agents eg estate agent/auctioneer then their name, address and PPS numbers will be required.
(c) The number of occupants in your property, the name and PPS of your tenant(s).
(d) A description of your property.
(e) The date the lease commenced.
(f) The amount of rent payable under the lease.
(g) You must sign the form
NB you have one month to register your rented residential property with the PRTB.
The fee payable to register a tenancy is €90. A fee of €180 will applies to late registrations
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 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 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.
Under the provisions 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.
WHAT HAPPENS IF YOU FAIL TO REGISTER WITH THE PRTB?
If you fail to register your rented residential property you may be guilty of an offence and upon conviction shall be liable for a fine of up to €4,000 and/or up to 6 months in prison, along with a daily fine of €500 for a continuing offence. It is important to note that you must register with the PRTB before you can avail of the PRTB’s dispute resolution service. This restriction does not apply to tenants wishing to avail of the service.
DISPUTE RESOLUTION SERVICE
One of the main roles of the PRTB is the dispute resolution service. It is a confidential process that can be initiated by a landlords, tenants or other parties (e.g. neighbours) can. It is important to be aware that before a landlord can avail of this dispute resolution service they must be registered with the PRTB. The service mainly deals with disputes about deposits, rent arrears and termination of tenancies. From other parties the complaints are mainly from neighbours in relation to anti-social behaviour.
Please note that the above is a summary is merely a guide and should not be used as a substitute for professional advice taking into account your individual circumstances.