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Who pays for RTB registration?

  • 13-03-2019 6:31pm
    #1
    Kayad
    Registered Users Posts: 8 ✭


    Just recently moved into rented accommodation. I signed the lease and few days later landlord came back asking for me to pay the 90 registration fee for the RTB. When I said that I thought it was the landlords responsibility they simple simply said if I don't pay it my lease will be terminated and I'm should move out. To keep the peace and a roof over my head I agreed to pay half it, but kind of feel like I've just been blackmailed.

    Just trying to figure out if I'm in the wrong or not, my understanding is that it is the landlords responsibility to pay the fee?

    Also on moving in I paid the normal deposit, an ESB deposit and a Cleaning deposit aswell as the half the RTB fee is this normal?


Comments

  • #2
    GGTrek
    Registered Users Posts: 834 ✭✭✭GGTrek


    Kayad wrote: »
    Just recently moved into rented accommodation. I signed the lease and few days later landlord came back asking for me to pay the 90 registration fee for the RTB. When I said that I thought it was the landlords responsibility they simple simply said if I don't pay it my lease will be terminated and I'm should move out. To keep the peace and a roof over my head I agreed to pay half it, but kind of feel like I've just been blackmailed.

    Just trying to figure out if I'm in the wrong or not, my understanding is that it is the landlords responsibility to pay the fee?

    Also on moving in I paid the normal deposit, an ESB deposit and a Cleaning deposit aswell as the half the RTB fee is this normal?
    Before the usual antil-LL crew comes out: it really depends what was agreed in the tenancy agreement. Section 16(a)(ii) of the RTA leaves some margin:

    "16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

    (a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—

    (i) the rent provided for under the tenancy concerned on the date it falls due for payment, and

    (ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment),"


  • #3
    Claw Hammer
    Registered Users Posts: 6,154 ✭✭✭Claw Hammer


    Kayad wrote: »
    Just recently moved into rented accommodation. I signed the lease and few days later landlord came back asking for me to pay the 90 registration fee for the RTB. When I said that I thought it was the landlords responsibility they simple simply said if I don't pay it my lease will be terminated and I'm should move out. To keep the peace and a roof over my head I agreed to pay half it, but kind of feel like I've just been blackmailed.

    Just trying to figure out if I'm in the wrong or not, my understanding is that it is the landlords responsibility to pay the fee?

    Also on moving in I paid the normal deposit, an ESB deposit and a Cleaning deposit aswell as the half the RTB fee is this normal?

    Did you read the lease before you signed it?


  • #4
    Kayad
    Registered Users Posts: 8 ✭Kayad


    Claw Hammer wrote: »
    Did you read the lease before you signed it?

    I did. No mention of having to pay a registration fee in it. Or any mention of paying other charges except for the initial deposit.


  • #5
    dennyk
    Registered Users Posts: 1,641 ✭✭✭dennyk


    If it's not in your lease, then it isn't your responsibility to pay that fee. However, if your lease doesn't specify a fixed term, you don't have Part 4 rights yet, so the landlord could legally terminate your tenancy at this point (with appropriate notice) without needing a reason. If your lease is for a fixed term, though, then the landlord cannot terminate it just because you refused to pay a fee that was not specified in the lease.

    It is normal to be expected to pay a deposit for utilities, but if the utility service is in your name, that deposit should have been paid to the utility provider directly, not to your landlord.

    A "cleaning deposit" would basically be no different than a security deposit; there's no limit on the security deposit amount a landlord can request, nor anything saying he can't split it into multiple fees, but the total deposit amount would have to be treated the same way as any security deposit and could only be retained by the landlord for an allowable reason at the end of your tenancy; he couldn't keep your "cleaning deposit" portion to cover a cleaning service if you've left the place in the same state of cleanliness it was in when you took possession.


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