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Residential Tenancies [Kõva köide]

(Mason Hayes & Curran, Ireland), Edited by (A&L Goodbody, Ireland)
  • Formaat: Hardback, 308 pages, kõrgus x laius: 248x156 mm
  • Ilmumisaeg: 20-Dec-2018
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1784517410
  • ISBN-13: 9781784517410
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Residential TenanciesSuurem pilt
  • Formaat: Hardback, 308 pages, kõrgus x laius: 248x156 mm
  • Ilmumisaeg: 20-Dec-2018
  • Kirjastus: Bloomsbury Professional
  • ISBN-10: 1784517410
  • ISBN-13: 9781784517410
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Püsilink: https://www.kriso.ee/db/9781784517410.html
Ireland is in a housing and rental crisis. With spiralling rents and a lack of supply comes new challenges for tenants and landlords. Along with this, the legislative changes to the Residential Tenancies Act 2004 are being made in a piecemeal fashion. With so many changes, Residential Tenancies is a much needed exposition of the current law. It provides a clear and comprehensive statement of the law regulating private and social leases of dwellings in Ireland and explains the dispute resolution mechanisms of the Residential Tenancies Board, appeals, and enforcement.

At the centre of the book are the implications of the Residential Tenancies Act 2004, which was enacted to provide a simple and quick way to resolve disputes. However the provisions of the Residential Tenancies Act are technical, confusing, and give rise to what has been referred to repeatedly in the High Court as regrettable difficulties of interpretation. Residential Tenancies provides expert guidance and insight for practitioners and all those who have to navigate the provisions of the Residential Tenancies Act, 2004 (as amended). The text aims to 'see around corners' in the legislation, to answer particular difficulties that might prompt readers to turn to its pages.

It gives practical help including step-by-step guidance to tackle the difficulties of interpretation and the wide range of changes and challenges, such as the obligations of landlords and tenants, changes in notice periods for termination and rent reviews, and dispute resolution.

Along with this, the book also includes many useful resources including a comprehensive appendix, which includes a sample residential letting agreement, a range of sample notices of termination (to deal with all permitted reasons for termination), and a sample rent review notice. These make it ideal for solicitors and barristers practicing in this area, as well as letting agents and members of the public, either landlords or tenants who wish to be well informed of their rights and obligations.

This title is included in Bloomsbury Professional's Irish Property Law online service.

Muu info

Residential Tenancies provides a clear and comprehensive statement of the law regulating private and social leases of dwellings in Ireland and explains the dispute resolution mechanisms of the Residential Tenancies Board, appeals, and enforcement.
Foreword v
Preface vii
Table of Cases
xiii
Table of Statutes
xix
Table of Statutory Instruments
xxv
Chapter 1 Application of the Residential Tenancies Acts
1(20)
Introduction
1(1)
Exclusions where the Residential Tenancies Act 2004 does not apply to a tenancy of a dwelling
1(4)
Types of tenancies to which the Act applies
5(5)
There must be a dwelling
10(1)
There must be a tenancy
11(9)
Registration of tenancies
20(1)
Chapter 2 Tenancy Obligations of Landlords
21(28)
Introduction
21(1)
Peaceful and exclusive occupation of the dwelling
21(3)
Standard and maintenance of the dwelling
24(10)
To effect and maintain a policy of insurance
34(1)
To return the deposit
34(4)
Provision of contact details
38(1)
Rent pressure zones
39(1)
Duties owed to third parties
39(3)
Prohibition on penalisation of tenants
42(1)
Contracting out of landlord obligations
43(1)
Discrimination
43(2)
Rent book regulations
45(1)
RTB's jurisdiction to determine disputes over landlord obligations
46(1)
Timing of applications for breach of landlord obligations
46(1)
Sub-tenancies created out of Part 4 tenancies
47(2)
Chapter 3 Tenancy Obligations of Tenants
49(16)
Introduction
49(1)
To pay the rent and other charges
49(1)
Not to cause the landlord to fail to comply with any landlord obligations
49(1)
To allow the landlord access to inspect the dwelling
50(1)
To notify the landlord of defects
51(1)
Not to cause any deterioration beyond normal wear and tear
51(6)
No anti-social behaviour
57(3)
Not to cause the invalidation of landlord's insurance
60(1)
Not to assign or sublet
61(1)
Not to alter or improve without written consent
61(1)
To use only as a dwelling
62(1)
Landlord's costs in deciding whether to consent to a use
62(1)
To inform the landlord of all persons ordinarily resident in the dwelling
62(1)
Obligations in relation to the deposit
62(1)
Proposed overholding under a fixed term tenancy
63(1)
Other obligations
63(1)
Tenancy obligations in Part 4 tenancies
64(1)
Subtenancies created out of Part 4 tenancies
64(1)
Chapter 4 Rent and Rent Reviews
65(26)
Introduction
65(1)
Rent and rent reviews in the private rented sector
65(11)
Rent and rent reviews by approved housing bodies
76(1)
Rent pressure zones
76(8)
Quick reference table
84(3)
Rent book regulations
87(2)
Dispute resolution
89(1)
Transfer of the functions of the Rent Tribunal to the RTB
90(1)
Chapter 5 Security of Tenure
91(14)
Introduction
91(1)
Tenancies to which the security of tenure of the Part 4 tenancy do not apply
91(1)
Operation of the Part 4 tenancy
92(1)
Terms of the Part 4 tenancy
93(1)
Measure of security of tenure offered by a Part 4 tenancy
94(4)
Multiple tenants and Part 4 tenancies
98(3)
Interaction between a Part 4 tenancy and a fixed term tenancy
101(1)
Assignment of Part 4 tenancies and sub-tenancies created out of Part 4 tenancies
101(1)
Right to a new tenancy under the Landlord and Tenant (Amendment) Act 1980
102(3)
Chapter 6 Tenancy Terminations
105(44)
Introduction
105(1)
Notice of termination
105(8)
The slip rule
113(2)
When the landlord is terminating a tenancy
115(24)
Fable of the `lead tenant'
139(1)
When the tenant is terminating a tenancy
140(4)
Deemed termination of a Part 4 tenancy
144(2)
Termination of a Part 4 tenancy on the tenant's death
146(1)
Termination of a Part 4 tenancy involving multiple tenants
147(1)
Break clauses
148(1)
Chapter 7 Social Housing Support
149(28)
Introduction
149(1)
Approved housing bodies
149(6)
Housing supports within the private rented sector
155(8)
Tenancies entered into by housing authorities
163(14)
Chapter 8 Dispute Resolution
177(54)
Introduction
177(1)
Applying to the RTB for dispute resolution
177(9)
Submission of evidence
186(1)
Interim measures pending adjudication or mediation
187(1)
Protection of the status quo whilst a dispute is pending
188(3)
Circumstances in which disputes will not be dealt with by the RTB
191(1)
Withdrawal of matters that have been referred to the RTB
192(2)
Adjournments
194(1)
The mediation
195(1)
The adjudication
196(4)
Seeking judicial review of an adjudicator's determination order
200(1)
Pathway to the Tribunal
201(2)
The Tribunal hearing
203(2)
Disclosure of interests
205(1)
Redress
206(8)
Remoteness
214(11)
Appeal to the High Court
225(1)
Enforcement of determination orders
226(2)
Offences
228(3)
Appendices
231(32)
Appendix A Warning letters, notices and statutory declarations to be used when the landlord is terminating the tenancy
231(14)
Appendix B Sample notices to be used when the tenant is terminating the tenancy
245(2)
Appendix C Notices of rent review
247(4)
Appendix D Miscellaneous notices
251(12)
Index 263
The author was an undergraduate at Jesus College, Oxford (where she was a Scholar, won the first year law prize and the SR Welson prize for meritorious work in law), and then completed an LLM in law at Trinity College Dublin. She was called to the Bar of England and Wales in 2006 (in respect of which she was awarded a Sankey fund bursary), and to the Bar of Ireland in 2007. She has since practiced at the Bar in Dublin, specialising in property law.

Since April 2014 she has worked as an adjudicator for the Residential Tenancies Board. In this role she has dealt with a high volume of claims across a spectrum of issues that arise in the context of residential lettings. Being an adjudicator has given her valuable insight to use in writing the book.

For the past couple of years she has taught an English Land Law course in UCD and has given CPD seminars to solicitors on behalf of Legal Training Services on a range of property law topics, commencing in 2010 with six-hour seminars on the Land and Conveyancing Law Reform Act 2009, and most recently on residential tenancies.

Since July 2013 she has prepared the case law updates for Irish Conveyancing Precedents. She has had articles published in the Conveyancing and Property Law Journal, Commercial Law Practitioner, Bar Review and Irish Business Law Quarterly.

Consultant Editor: Prof JCW Wylie has been the leading author on Irish land and conveyancing law for forty years. He has acted as a consultant for many years to the Law Societies in both parts of Ireland and he led the Department of Justice and Law Reform Commission Joint Project on the reform of land and conveyancing law, which resulted in the enactment of the Land and Conveyancing Law Reform Act 2009. Prof Wylie has been an external examiner for Irish universities and the King's Inns for many years and a consultant to A&L Goodbody since 1993.