Investigations & Sanctions

This occurs by increasing rent by more than is allowed under the calculation set out in the Residential Tenancies Act.  

Prior to 16 July 2021 in a RPZ rent could only increase by up to 4% per year or 24 months in an area newly designated as an RPZ. 

After 16 July 2021 in a RPZ, rent can only increase by up to the percentage difference between the Harmonised Index of Consumer Pricing (HICP) on the date that the rent was previously set and the date the new rent is set.

After 11 December 2021, when setting the rent at the start of a tenancy in an RPZ or when carrying out a rent review in an RPZ, rent increases are capped at 2% per year on a pro rata basis, where HICP inflation is higher 

Where a landlord seeks to rely on an exemption to the RPZ requirements which does not comply with those requirements i.e. falsely claiming that a substantial change in the nature of the accommodation occurred or that no tenancy existed in the dwelling in the 2 years prior to the date the tenancy commenced. 

There are two exemptions to RPZ rules, which may allow a landlord to increase rent by more than the amount allowed by the formula set out in the Residential Tenancies Act, for information on the exemptions and definition of substantial change see Setting and Review Rent in an RPZ web page.

Where a landlord seeks to rely on an exemption to RPZ rules, they must notify the RTB within one month of the new rent being set. 

All landlords are obliged to register new tenancies with the RTB within one month of the tenancy commencing and from 4 April 2022 for a continuing tenancy, within one month of the anniversary of the tenancy commencement date. 

Prior to 24 December 2016, landlords were required to renew tenancy registrations for ongoing tenancies every 4 years, post 24 December 2016 every 6 years. 

Landlords are required to cite a reason for terminating a tenancy in a Notice of Termination. The reason they are citing must be true, to their knowledge, at the time of serving the Notice.  

A landlord cannot seek a deposit for a property that is more than the equivalent of one month’s rent for that property. This applies in the case of a tenancy created from 9 August 2021 onwards.

A landlord cannot seek an advance payment of rent for a property that is more than the equivalent of one month’s rent for that property. This applies in the case of a tenancy created from 9 August 2021 onwards.

Recent changes to legislation regarding providers of Student Specific Accommodation provides that a student may, if he or she wishes, and with the agreement of his or her landlord/licensor, make an advance payment of rent exceeding an amount equivalent to one month's rent, only where the student is paying both rent and tuition fees to the same relevant provider (i.e. a public or private educational provider).   

The details of a registered tenancy must be updated within one month of a change to the rent payable under the tenancy.

The details to be updated include the amount of rent now being charged, the date that rent change took place, tenant details, landlord details and any other details of the tenancy which have changed since the tenancy was registered or last updated.

Where the property becomes available again under the conditions below it should be offered back to a tenant: 

• The landlord intends to sell the dwelling - The landlord must offer the tenancy back to the tenants if they do not enter into an agreement to sell the property within 9 months from the expiry of the notice period. 
• The landlord or a member of the landlord's family intends to occupy the dwelling - The landlord must offer the property back to the previous tenant(s) if the property is vacated by the landlord or the family member and becomes available for re-let within 12 months from the expiry of the notice period. 
• The landlord intents to substantially refurbish/ renovate the dwelling - The landlord must offer the tenancy back to the previous tenant(s) once the refurbishment works are complete.  
• The landlord intends to change the use of the dwelling - The landlord must offer the property back to the tenants if the property becomes available for re-let within 12 months from expiry of the notice period.  

If a dispute in relation to the validity of the Notice of Termination has been referred to the RTB the time periods above will run from the final determination of the dispute.   

If the Notice of Termination was served on the tenant before 6 July 2022 the tenant must have provided their contact details to the landlord, in writing, within 28 days from the date of service of the Notice or on final determination of a dispute, if relevant. 

If the Notice of Termination was served on the tenant after 6 July 2022: 

The landlord is obliged to make all reasonable efforts to contact the tenant to offer the tenancy back,  

• If the landlord has made reasonable efforts to obtain the tenant’s contact details but has been unsuccessful they must contact the RTB who will provide the tenant’s contact details to the landlord where they are available or can be ascertained by reasonable enquiry of the Board (assuming the tenant has previously consented to this).
• If the landlord requests the tenants’ details to offer a tenancy back, and if the tenant has not previously consented to the RTB sharing their contact details with the landlord for this purpose, the RTB will attempt to contact the tenant and request their contact details and request consent for disclosure. If the tenant provides their contact details and consent within 7-days of the RTB’s request the RTB will share those details with the landlord who must then offer the tenancy back to the tenant.
• If the tenancy was not otherwise validly terminated.

New laws provide that a student cannot be sought/required to pay for SSA during the summer months when the accommodation is not required by the student. SSA tenancies/licences are limited to the academic year (a maximum of 41 weeks).  

A student can request to rent for a longer term, with the agreement of the SSA provider.  

The RTB can start an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the Residential Tenancies Act.    

If you have information about a potential improper conduct you can contact us through our webform here.  

You can choose whether to provide your contact details on this webform. If you do provide contact details the RTB may contact you for further information to assist with an investigation but your name and contact details will not be disclosed to the landlord. You will not receive any further up-dates on your referral or any actions that the RTB may take on foot of your information.  

If you would prefer to submit your information by telephone, if you require further information, or, if you wish to contact us before submitting your information, please phone our Investigations and Sanctions Information Helpline at 0818 776297 or 01 6753724.   

Your name and contact details will not be recorded and you will not receive any further up-dates on your referral or any actions that the RTB may take on foot of your information.  

If you wish to be informed whether an investigation proceeds and of the results of any investigation and you do not mind the landlord knowing that you made a complaint please submit your information via the formal complaint form. For a copy of the formal complaint form and for more information click on the downloads below. 

Please note that if an investigation proceeds on information submitted on a formal complaint form a copy of the form, including your name but not your contact details, will be sent to the landlord. 

If you want to submit further information to a complaint or webform submission you have already made please email the information to investigations@rtb.ie. Please include the reference number you were given as part of any correspondence 

For further information please see the Guide to Making a Complaint which can be found in the Guides and Form section below. 

If you are a landlord who has received a Notice of Investigation or if you would like more detailed information about the process, the RTB has developed the Investigation and Sanctions Guide: Guidance for Landlords on the RTB Investigations and Sanctions Process.

If you have submitted a Complaint or a Concern to the Investigations and Sanctions Unit and you would like more detailed information about the process, the RTB has developed the Guide to Making a Complaint.

• All information received is reviewed by the Investigations and Sanctions team to ascertain if an investigation can take place.   

• If an investigation commences the landlord will receive a Notice of Investigation informing them that an investigation has commenced  

• The landlord will be given their opportunity to acknowledge their breach(s) .or.  submit relevant evidence to prove that a breach has not occurred. 

•  

• If a formal complaint has been received both the complainant and the landlord will be informed whether or not an investigation will take place.  

The investigation will be conducted by specially appointed RTB Authorised Officers. During the investigation the Authorised Officer(s) may contact to the landlord or any other person they believe may be able to provide evidence or information to assist in the investigation. 

This may include the complainant (if any) current or previous tenants, estate agent, letting agent, neighbours, professional experts etc. Such evidence may include, but is not limited to lease agreements, bank statements, l correspondence, photos, advertisements and witness statements.  They may conduct Oral Hearings, interviews and inspections if necessary.   

If a landlord acknowledges the breach(s) within the allowed acknowledgement period, the acknowledgement and submissions/evidence gathered will be sent to the Decision Maker. 

If a landlord does not acknowledge the breaches(s) within the allowed time the Authorised Officer(s) will continue with the investigation. 

Once the Authorised Officer(s) has completed the investigation they will produce a Draft Report setting out an account of the investigation and details of the findings and will send this to the landlord and the complainant (if any). 

The landlord and the complainant (if any) will then have 21 days from the date of receipt of the Draft Report to make submissions in writing to the Authorised Officer(s) on the Draft Report.   

The Authorised Officer(s) will consider any such submissions made and make any alteration to the Draft Report if, in their opinion an alteration is warranted.  

The final Investigation Report, and any submission received on the Draft Report, will be submitted to an independent Decision Maker. 

The Decision Maker will consider the final Investigation Report and if they agree that a breach has occurred, they can   decide on what sanction, if any, may apply. This can include a caution, or a fine of up to a maximum of €15,000 and up to €15,000 in costs.  Sanctions are confirmed by the Circuit Court and, once confirmed, will be published on the RTB Investigations and Sanctions Court Orders.

The landlord can appeal the decision of the Decision Maker directly to the Circuit Court within 21 days of the giving by the Board to the landlord of the decision notice. 

There is no appeal process within the RTB.  

The landlord can submit their appeal to the Circuit Court in the Circuit where the landlord resides or where they carry out any trade profession or business  

To find the relevant Circuit Court and their contact details please see the Circuit Court website here.   

Each Circuit Court has a slightly different process, so it is important that you contact them or your own legal advisors for information on submitting an appeal. 

A general appeal form that may be used to submit an appeal (Form 50B) can be found here. Please note that, as previously stated, the Circuit Court determines what can be accepted and you should contact the Circuit Court that you plan to make an appeal to to confirm that they will accept this form.  

The form must be accompanied by a Grounding Affidavit.  

Landlords and tenants both have responsibilities under the Residential Tenancies Act.  

It is the responsibility of landlords and tenants to make sure that they are aware of their rights and responsibilities under the Residential Tenancies Act. If you are unsure if a part of the legislation applies to you, you can call our general Helpline on 0818303037 for information about the Act and how it applies to landlords and tenants.   

You can also download The Good Landlord Tenant Guide. This is a guide to the Residential Tenancies Act which the RTB has published to help landlords and tenants to understand how the legislation applies to them.