The Gazette 1996

GAZETTE

L A W B R I E F

JULY 1996

Rented - Accommodation - The Duties of Landlords

by Dr. Eamonn G. Hall

Introduction

Regulations made in recent times

governing rented a c c ommo d a t i on

constitute in the words of the

Department of the Environment a

"Charter" for landlords and tenants.

This note endeavours to provide an

o v e r v i ew of recent legislation

governing the legal duties of landlords.

The principal law is to be found in the

Housing (Registration

of Rented

Houses) Regulations,

1996

(S.I. No.

3 0 of 1996), the

Housing (Rent

Books)

Regulations,

1993

(S.I. No. 146 of

1993) and the

Housing (Standards

for

Rented Houses) Regulations,

1993

(S.I. No. 147 of 1993). This note d o es

not deal with dwe l l i n gs which were

formerly controlled under the Rent

Restrictions Acts. Th e se dwe l l i n gs are

| registered under a different c o de and

! tenants have a separate legal

entitlement to rent books. Howe v e r,

formerly controlled dwe l l i n gs are

[ subject to the current legal standards

applying to rented a c c ommo d a t i o n.

Registration of Rented

! Accommodation

Houses, apartments, flats, maisonettes,

etc., but not mobile h omes or caravans,

! let for rent or "other valuable

consideration" must be registered with

the local housing authority (county

council, corporation or urban district

council) under the

Housing

(Registration

of Rented

Houses)

Regulations,

1996.

There are certain

exemptions for accommodation let by a

voluntary housing body, where the

landlord is a resident landlord in certain

circumstances, accommodation let for

certain relatives of the landlord,

accommodation let to meet the

temporary convenience of a landlord or

tenant, or for holiday purposes.

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If the rented a c c ommo d a t i on was let

on May 1, 1996 the landlord must

apply to the local authority to register

such a c c ommo d a t i on within t wo

months of that date. If the

a c c ommo d a t i on is let after May 1,

1996 the landlord must apply to the

local authority to register it within o ne

month of the letting.

Each initial application for registration

must be accompanied by a fee of £40.

Thereafter there is an annual fee of £ 4 0

payable in respect of each rented

accommodation. The landlord is not

under a duty to re-register the

accommodation every time the rent

changes or a new tenant is appointed.

| However, the landlord must update the

information to the local authority on an

annual basis. Where the accommodation

ceases to be let and has not been re-let,

the landlord or his advisers should

notify the local authority in writing. The

local authority will then either delete the

entry from the register or note on the

register that the accommodation is no

longer let.

The landlord must apply for registration

in writing to the local authority on a

standard form which is supplied free of

charge by the local authority.

In the registration form, the landlord is

obliged to supply the f o l l ow i ng

information in respect of each letting:

• the address of the accommodation;

• a description of the accommodation,

e.g. a whole house, an apartment, a

flat, a single room etc.;

• the name and address of the

landlord and, if the landlord has

duly appointed an agent, the name

and address of such agent;

• the name of the tenant; and

• the rent and how is it to be paid or

the value or nature of any

consideration.

Landlords who let

accommodation owe a myriad

of strict statutory duties to

tenants.

Howe v e r, not all of the above

information will be included in the

register. The local authority will

include the address and description of

the a c c ommoda t i on and the date of

receipt by the local authority of the

application. The register is kept by the

local authority and available for public

inspection by any person during

normal o f f i ce hours.

Rent Books

A landlord must supply a rent book to

every tenant paying rent for

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