New Name, Expanded Remit and New Director for the Residential Tenancies Board

Further amendments of the Residential Tenancies Acts 2004-2015 came into effect on 7 April 2016 with the signing of another partial commencement order by Acting Minister for the Environment, Community and Local Government, Alan Kelly.

New Name

As of 7 April 2016, the Private Residential Tenancies Board was renamed as the Residential Tenancies Board (“RTB”).  The dropping of “Private” from the Board’s title is reflective of the expansion of the RTB’s remit to include Approved Housing Bodies, brought about by the commencement of most of Part 3 of the Residential Tenancies (Amendment) Act 2015.

Approved Housing Bodies (“AHB”)

These bodies are granted approved status by the Department of the Environment, Community and Local Government.  AHBs are essentially not-for-profit organisations which address the housing needs of those in poverty or hardship (eg, the elderly, people with disabilities and the homeless), as well as the welfare of the Travelling community. The RTB notes that there are over 500 AHBs managing 30,000 housing units within the State so this represents a significant expansion of the responsibilities of the Board.

As a result, the amendments commenced from 7 April 2016 are wide-ranging, for example, dealing with how rent reviews will apply to properties managed by AHBs (they will not be subject to the “market rent”) as well as the exclusion of “transitional dwellings” (dwellings intended for leases of under 18 months) from the security of tenure provisions of Part 4.  However the provisions of Part 4 will apply to the majority of AHB tenancies and the existing dispute resolution mechanisms of the RTB will also apply to the parties of such tenancies.

Registration

The Register maintained by the RTB has also been renamed to be simply the “residential tenancies register” and AHBs have a period of 12 months from 7 April 2016 within which to register with the RTB.  A reduced registration fee of €45 applies to such bodies within this 12 month period and, if multiple tenancies are being registered by the one AHB, a reduced composite fee of €187.50 (as against the standard composite fee of €375) will apply in this period.

New Director

Rosalind Carroll has been appointed as the new Director of the RTB, effective from 4 April 2016 for a period of 5 years.  In its announcement, the Board noted her considerable experience in the housing sector - Ms Carroll was formerly head of Regulation of AHBs at the Housing Agency and previously worked in the Department of the Environment, Community and Local Government, as well as Dublin City Council.  The Board also acknowledged the outgoing director, Anne Marie Caulfield, who had held the position since July 2008.

Author: Brian Ormond