LANDLORD & TENANT LAW

Landlord & Tenant law is a part of the common law that governs the rights and duties of landlords and tenants. It includes elements of both real property law (specifically conveyances) and contract law.

The law relating to landlord and tenant in Ireland for residential premises is governed by the Residential Tenancies Act 2004 which is not straightforward. The Act set up Private Residential Tenancies Board a self-financing, statutory body responsible for the registration of residential tenancies and the resolution of disputes between landlords and tenants.

The 2004 Act and the dispute resolution process of the PRTB, applies to most residential tenancies – including the local authority Residential Accommodation Scheme (RAS) except the following:

· Dwelling partly used as a business & s 13(1) 1980 Act Applies

· Shared ownership leases

· Leases of more than 35 years

· Dwelling in which landlord (or landlord’s family member) also resides

· Holiday lettings

The main rights and obligations of both Landlord and Tenant are contained within the tenancy agreement but where they are not, the parties must look to the relevant legislation.

Land and Tenant law seeks to uphold both the rights of the property owner- The Landlord and the property occupier- The Tenant. This is not, however, an easy job. Tenants must be protected from unscrupulous landlords but landlords must be able to deal with their property as they reasonably see fit.

Many argue that the law is biased towards the tenant while some argue that it favours the landlord. Whilst the law seeks to be fair to both, it is easy to see why landlord and tenant disputes arise so often and why they feature heavily on the Private Residential Premises Board, The Tenancy Tribunals’ and the courts list.

At AD’REME Solicitors, our experts in Landlord and Tenant law know the law and the best ways to resolve landlord and tenant disputes quickly and cost-effectively. We have the expertise and experience to advise you on the options and the best course of action, always retaining focus on our clients’ needs and objectives

We also provide legal services and advice in the following areas

· Short term Business Letting Agreements

· Commercial Leases

· Short term Leases