Student Tenants: Common

Problems

Dr. Fiona de Londras

University College Dublin, School of Law
http://www.ucd.ie/law/staff/fionadelondras/

An Scoil Dlí, Coláiste Ollscoil

UCD School of Law
Baile Átha Cliath
Disclaimer

Nothing in this presentation is to be taken as legal

advice; rather it is presented as legal information
only. The information provided is designed to help
students with their most commonly encountered
difficulties in a landlord and tenant context in the
Republic of Ireland. Further information can be sought
from the Private Residential Tenancies Board
(www.prtb.ie). Any and all liability for reliance on this
information, mistakes or omissions is entirely
disclaimed.
FdL
Outline

• Information training session for UCD Student Legal

Service volunteers
• Difference between leases (tenants) and licences to
reside (UCD accommodation)
• Common difficulties for student ‘tenants’
• Awareness of the Private Residential Tenancies Board
• Taking care about licences to reside
Lease v Licence

• Initial task: determine whether you have a lease or

licence
– Look at the document although label is not strictly
determinative; courts wary of ‘shame’ licences
• Lease
– Landlord and Tenant law applies
– Residential Tenancies Act 2004 (RTA) applies
– Enjoy general tenancy rights (e.g. rent books)
– Subject to general tenancy obligations
• Licence
– Landlord and Tenant law does not (generally) apply
– Rights and obligations (generally) determined by the
terms of the licence itself
Common Difficulties Faced by Student
Tenants

• PRTB Research found the following common difficulties

(2009)
– Intrusive landlord
– Failure by landlord to stay in contact
– Failure to return deposit
– Failure by landlord to make repairs
– Failure to take an inventory at start of lease
– Arbitrary increases in rental demands
– Landlord refuses to provide a copy of the lease
Intrusive Landlord

• Exclusive possession is a fundamental part of a lease

• The right to quiet and peaceable possession of the
property
• Landlord/agents may only enter property upon giving
reasonable notice
• Landlord must respect the property upon entering it,
incl. private property of tenants
• Dispute resolution: difficult, especially if landlord has a
strong personality. Important to resolve it, esp. as
intrusive landlord can cause great discomfort to
tenants. Discuss issue w/ LL.
• Last resort: terminate the lease
Uncontactable Landlord

• RTA 2004: landlord has a responsibility to make

himself or an agent available to tenants at all times
• Ensure at the time of making lease that you get phone
number (incl. mobile number) from landlord and a 7-
day/24-hour contact number for letting agency
• Dispute resolution: complaint to Private Residential
Tenancies Board (PRTB)
Failure to return deposit

• RTA 2004: Landlord has a responsibility to return the

deposit in full unless rent is owing or there is damage
beyond normal wear and tear
• If the landlord retains a deposit, the tenant must be
provided with a written and itemised explanation of the
reasons why. 
• Protect yourself: take photos at the time of creating the
lease incl. noting all places where there is damage.
Have these noted on inventory and get LL to sign it.
Send photos by email incl. a report of the damage for
creation of paper trail. If any resistance to this, question
whether you want a lease with a LL like this
• Dispute resolution: PRTB
Failure to make repairs

• RTA 2004: Landlord is obliged to carry out repairs

other than repairs required by damage beyond normal
wear and tear
• RTA 2004: Landlord is obliged to reimburse tenants
for expenditure of repairs properly within LL’s
obligations but make sure to give LL adequate
opportunity and to create a paper-trail (e.g. emails)
showing requests for repairs and informing LL of
intention to conduct them & seek reimbursement
• Dispute resolution: PRTB or carry out repairs and
negotiate reduction in rent to compensate for cost
(informal negotiation) or terminate lease (urgent
repair needed; PRTB too slow)
Failure to take Inventory

• Importance of inventory: record of all property contents

at start of lease against which assessment of deposit
deductions can take place
• It is quite standard to take an inventory, have it
checked by tenants and landlord inspecting the
property together, and have it signed by the parties.
Mistakes in inventory? Change entry and have it
initialled by LL and tenant
• Protect yourself: insist on inventory, take photographs
of everything (email photos to LL to provide date
verification if you want to be super careful)
• If a LL refuses to take an inventory, is he really the kind
of LL you want?
Arbitrary rent increases

• Terms of lease will generally govern however RTA

places general limit of one rent review per annum of
leases
• Revised rent must be registered with PRTB, which
incurs a fee for the LL (where rent increase is at his
insistence)
• Dispute resolution: PRTB
• Protect yourself: get a written lease
Refusal to Provide Copy of Lease

• A written lease is not strictly required however there

is security in a written lease
• The existence of a written lease is not a sine qua non
of protection by the RTA or capacity to make an
application to enforce your rights to the PRTB,
although of course it makes it easier
• Protect yourself: if your prospective LL will not provide
a written agreement is that really the kind of landlord
you want?
Private Residential Tenancies Board

• Established by the RTA 2004

• Alternative mechanism of dispute resolution
• All residential leases must be registered within a
month of their creation (responsibility of the LL)
• Protect yourself: if you do not get a letter from the
PRTB within 4-6 weeks of commencement of lease
follow up with the LL
• Don’t worry: you can avail of the PRTB even if the LL
has not registered your lease
• LL can not avail of PRTB unless they have registered
the lease
Using the PRTB
• Contact PRTB; they will discuss complaint and send you
an application form
• Complaints dealt with regarding:
– Deposits
– Breaches of obligations and claims of damages pursuant to
same
– Charging rents above market rent
– Rent reviews
– Failure to terminate tenancy in line with RTA
– Failure to comply with PRTB determination order
– Penalisation of tenant by LL for using PRTB
– Rent arrears and other charges (incl. waste or service
charges)
• Two stages: (1) mediation or adjudication; (2)
determination by Tenancy Tribunal
• Legal representation is not required, although some
people do use solicitors for PRTB work
Termination of Leases by LL

• Limited bases (after 6 months)

• Notice period
– Depends on length of tenancy
– 28 days (under 6 months); 35 days (6 months-1 yr); 42
days (more than 1 but less than 2 yrs); 56 days (more
than 2 but less than 3 years); 84 days (more than 3 but
less than 4 yrs); 112 days (4 years or more)
– EXCEPTIONS: breaches of obligations & anti-social
behaviour—shorter notice period
• Service of notice
– Written, signed, state reason for termination (if more
than 6 months), state termination date, inform tenant
can refer termination notice to PRTB within 28 days of
service
Termination of Leases by Tenants

• No reason need be given unless terminating for

breach of LL’s obligations
• Must comply with notice periods
– 28 days (less than 6 months);35 days (more than
6 months but less than 1 year); 42 days (more
than 1 year but less then 2 years); 56 days (more
than 2 years)
• Must serve termination notice on LL
– Written and signed
– Specify termination date
– Inform LL that dispute as to validity of termination
notice can be referred to PRTB
Licences to Reside

• Most university campus accommodation in UCD and

elsewhere is done by means of a licence to reside, not
a lease
• The rights and obligations of the occupant and the
university/campus authority will be outlined in the
agreement
• The agreement is usually quite restrictive of
occupants; read it carefully and be aware of its terms
including the kinds of sanctions that can be imposed
by the university/campus authority
Where the lease provides for longer
notice period

“If, in every case or a particular case or cases in which a

right of termination is to be exercised, the lease or tenancy
agreement comprising the tenancy requires a greater period
of notice to be given by a notice of termination than that
required by this Part, then, subject to section 65 (4),* that
greater period of notice shall be given by that notice in (as
appropriate) every such case or such particular case or
cases”
s.60, RTA 2004

* “If the duration of the tenancy concerned is less than 6

months, a period of notice of more than 70 days may not be
given in respect of it.” (s. 65(4), RTA 2004)
Summary
• Student tenants are tenants too and entitled to protection (as
well as being bound by) LL & T law
• Most difficulties that arise can be avoided by taking care and
insisting on proper procedure at the time of creating the lease
• It is often easy to identify LLs who will be difficult or try to avoid
LL & T obligations by their behaviour at the time of negotiating
the lease; be sure about your LL when signing the lease
• Tenants can terminate residential leases, even if they are for
defined periods of time
• Tenants should insist on PRTB registration by every LL
• Tenants should be prepared to use the PRTB to resolve disputes
• If moving into campus accommodation read the licence to reside
carefully and be sure you are prepared to abide by the (often v
restrictive) rules