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About University of Galway
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Know Your Rights
While not essential to your rights under tenancy legislation, a tenancy agreement is the best way to clarify the expectations of both landlord and tenant before committing to a tenancy. We encourage you to read this document carefully before signing. You can read more about your rights as a private tenant on Citizens Information here. Learn more about safely searching for accommodation and avoiding scams here.
Owner-Occupied Accommodation
If you are a tenant living in your landlord’s home and not living in a self-contained apartment, landlord and tenancy legislation will not be applicable. There are, however, steps you can take to ensure a more equitable and secure experience. The Department of Further and Higher Education has published a voluntary regulatory framework and sample license agreement to assist students in owner-occupied accommodation. You can learn more about this regulatory framework here. Before you move in, it is advisable to agree on a set of ground-rules with your landlord and outline these in a signed document.
If you are sharing accommodation with your landlord (owner-occupied), consider the following questions in your agreement:
What is the duration of the tenancy?
As a tenant in owner-occupied accommodation, you are in the property by the landlord’s consent or invitation. This means that you are not protected by residential tenancies legislation. You can however request a licensee agreement with your landlord outlining the duration of the tenancy, the amount of rent to be paid and other matters pertaining to your stay.
How much rent will you pay and on which date will you make payments?
When sharing accommodation with your landlord, the landlord is not legally obliged to provide you with a rent book, or a statement of rent paid. However, some landlords will provide statements upon request. You may also want to agree on your preferred method for paying rent beforehand, such as cheque or standing order.
How much notice do you or the landlord need to give before terminating the tenancy?
Both landlord and tenant are only obliged to give reasonable notice in terminating the tenancy in owner-occupied accommodation.
Does the landlord expect you to go home on weekends?
As tenancy legislation does not apply in most owner-occupied accommodation scenarios, it is important for both landlord and tenant to communicate their expectations ahead of time. Routines and expectations differ from person to person. It is advisable to outline these expectations when agreeing on a set of ground rules.
Are there any outstanding repairs?
Tenants should make a list of furniture and appliances with the landlord and take photos. If there are any outstanding repairs, document these prior to moving in and ask the landlord to state in writing that they will be repaired.
Other Questions
Does the landlord plan to review the rent at any point and what notice will they give in this case?
Can you have visitors to stay or pop in?
How much will you contribute to utility and refuse bills?
Which parts of the house are accessible to the tenant and which parts are off limits?
Is there a schedule for cleaning?
Are there any rules regarding noise or curfews?
In the event of a dispute with your landlord in owner-occupied accommodation, you cannot use the RTB's dispute resolution service as the landlord is not obliged to register the tenancy with the Residential Tenancies Board (RTB).
If you have exhausted all options in discussing the issue with your landlord, you can contact Threshold. In more serious cases, you may be able to take your case to the Small Claims Court. For more information on owner-occupied accommodation, you can visit Citizens Information. You can also learn more about tenancy rights and safety from the Residential Tenancies Board, An Garda Síochána, Threshold.ie and Citizen’s Information.
Private Accommodation
If you are living in private, self-contained accommodation, consider the following questions in your agreement:
What is the duration of the tenancy?
If you have been renting private accommodation for more than six months and your landlord decides to terminate the tenancy, you may be entitled to security of tenure (the right to stay in accommodation for a set amount of time). You can find out more about security of tenure here.
How much notice do you or the landlord need to give before terminating the tenancy?
If you are living in private accommodation, you will have to give 28 days’ notice to the landlord if you want to leave a property, under the Residential Tenancies Bill 2021. If the landlord wishes to terminate the tenancy within the first six months, they must give 90 days' notice; if more than six months and less than a year, this extends to 152 days. Learn more here.
How much rent will you pay and on which date will you make payments?
Under the Residential Tenancies Act 2021 a landlord cannot make you pay more than two months' rent upfront. You may also want to agree on your preferred method for paying rent beforehand, such as cheque or standing order.
Does the landlord plan to review the rent at any point and what notice will they give in this case?
Once the required period (12 or 24 months) has elapsed, a landlord can issue a notice of rent review. Proper notice must be given of the proposed new amount and the date fromwhich it will take effect. Rules around increasing rent vary depending on pressure zones; you can find out if you are in a rent pressure zone using this RTB calculator.
How much will you contribute to utility and refuse bills?
Some private accommodation offers rent packages which include utility bills; however, it is always best to check if bills are included before moving in.
Are there any outstanding repairs?
Tenants should make a list of furniture and appliances with the landlord and take photos. If there are any outstanding repairs, document these prior to moving in and ask the landlord to state in writing that they will be repaired. Please note: a landlord cannot visit your private accommodation without your permission, unless in an emergency or if a genuine effort has been made and they could not reach you.
