Residential Tenancies Act 2004

geronamo

Does anybody have any ideas on hoe this act could be improved. i need to know for a project for college and I cant seem to find any??

MysticalSoul

Unless there is a break clause in the Lease, any break in the Lease can mean that a landlord can chase you for the balance due so say you leave two months early, a landlord can sue you for the balance due, in this case two months rent.

geronamo

Dats a one cheers man!!!

Thanx!!

quozl

I'm not sure changing that would be an improvement however.

If you could drop out of a fixed duration lease at any time then it's no longer fixed duration. I'm a tenant, not a landlord, but I still feel landlords are due certain rights. Including enforcement of fixed term leases that both parties entered into willingly.

Victor

Look through the pages here and see the problems that people have.

Agents and landlords are unfairly withholding deposits from tenants that have left. It might be better if someone else held the deposit.

Leases for fixed periods do not need a notice period. It would be useful if some provision was included although it could be dealt with administratively by the landlord sending the tenant a request to confirm whether they were staying or not.

Lodgers (people living with the landlord) and people who are renting rooms (not the entire premises) are not covered by the act. Additional protections would be useful for both groups.

Not a change in the act itself, but rather how it is implemented. There can be long delays before a hearing and this can suit an exploitative tenant who is slow with rent or who the landlord wants to remove for breach of contract.

Requiring the PRTB to publish certain statistics might also be useful, e.g. rent in Electoral Division X for an average 2-bed apartment of specification Z was €800 in 2009 and then annual rent adjustments are based on that.

Perhaps not for this act, but a property tax might encourage people to stop hoarding property.

Again, an implementation issue, but it would be useful to improve the PRTB database - lots of typos and one wonders how well it is linked to other databases. I get the impression it isn't really and its down to Revenue etc. to request information.

geronamo

Ye but surely the landlord could understand the tenant moving out in extenuating circumstances such as:
• Ill health
• A serious family emergency
• A serious event that may have occurred to the tenant emotionally or physically
• Work commitments
• Family or other bereavement
• Having to care for someone
• Legal problems
• Force majeure (only in extreme cases)

but only in these circumstances not for any other reason??

quozl

geronamo wrote: »

but only in these circumstances not for any other reason??

Dubious.

A 3rd party to hold the deposit IS a good idea though imo.

ixoy

Victor wrote: »

Requiring the PRTB to publish certain statistics might also be useful, e.g. rent in Electoral Division X for an average 2-bed apartment of specification Z was €800 in 2009 and then annual rent adjustments are based on that.

Also requiring their details to be correct. I had a look at the register for the estate I'm in and, apparently, one apartment is 900sq metres - 10 times the size of others. Most likely that's a typo or square feet but it means that the figures there can't be trusted. What controls are in place?

I'd also like clarification on wear-and-tear. What does it constitute? If a sofa looks more tired after a certain pierod of time - is that okay? What conditions can carpets be returned in reasonably? There's nothing there currently.
Perhaps putting some procedure for both parties on taking of photos, agreement on apartment conditions that must be signed off on before somebody moves in would also be useful.

A booklet distributed to all tenants explaining their rights would also be simple but useful.

geronamo

Thanks lads these are all very useful! The project is now in full swing, much apprecited!!

Victor

ixoy wrote: »

Also requiring their details to be correct. I had a look at the register for the estate I'm in and, apparently, one apartment is 900sq metres - 10 times the size of others. Most likely that's a typo or square feet but it means that the figures there can't be trusted.

or the 3m2 apartment with 900 bedrooms.

Graces7

Check the Threshold site; there is a deposit protection scheme posited that needs active support to be instigated.

http://www.threshold.ie/

It is the single most pressing problem for tenants as it leaves them with nothing for the next deposit.

Graces7

geronamo wrote: »

Ye but surely the landlord could understand the tenant moving out in extenuating circumstances such as:
• Ill health
• A serious family emergency
• A serious event that may have occurred to the tenant emotionally or physically
• Work commitments
• Family or other bereavement
• Having to care for someone
• Legal problems
• Force majeure (only in extreme cases)

but only in these circumstances not for any other reason??

And include eg floods etc...Sounds common sense but.....ie damage to the property and you have no wish to remain.