Tenants have the power to sue landlords for breach of contract, and the legal system is underfunded.
But the legal process is often riddled with legal loopholes and problems.
Now, Irish landlords are launching a new law to tackle the problem.
Read more: The Irish Times article Tenant Rights: Legal framework, rules, guidance and information for landlords and tenants.
source The Independent article Tenancy Rights: Tenancy law and dispute resolution in Ireland.
source Irish landlords: Our ‘code-of-conduct’ is terrible.
Source: Irish Times article Irish landlords launching a code of conduct for landlords article Irish tenants are at the heart of the current rent dispute, with the law on tenancy rights a key area of contention.
It’s a battle we’re not likely to see end well.
The law has come under intense criticism, with both landlords and tenant groups demanding an end to its draconian provisions, including the legal right to sue the landlord for breach.
A new law has been launched by landlords to address these issues, and to address concerns about the legal framework.
Tenants have been pushing for an end since the late 90s, when a group of tenants in Dublin’s north-west complained about their rental situation and the law’s impact on their lives.
In a landmark case in 2015, the High Court ruled that the legal provisions restricting tenant rights were “unfair and unlawful”.
The court found that the “code of behaviour” was “unjust” and unfair to tenants.
There was a similar case in 2012 when a court ruled that there was a “code-wide, discriminatory and unreasonable” law on tenant rights, which was then overturned.
While many landlords have been reluctant to change the law, a new code of behaviour was brought into force in 2016 and has since become the norm in Ireland for landlords.
The code of the behaviour includes a number of key changes, including: A requirement for landlords to disclose the number of legal proceedings they are involved in before they can evict tenants, and for them to give details of all legal proceedings against them, including their location and the date they were taken to court.
Tenants must now provide a written “code” of conduct outlining their rights and responsibilities.
They can now request a written statement from their landlord to help with this, which must be signed by a person other than the landlord, and must be approved by the landlord.
In addition, landlords must have the authority to make any “substantive changes” to the terms of their tenancy agreement.
A new “code clause” can also be put in place to enforce the rights of tenants, such as a provision that they can refuse to rent to a person who has breached their terms of tenancy.
It’s the first time this has happened in Ireland, with similar provisions being introduced in the UK, US, Germany and elsewhere.
Landlords can also now request that a tenant give their landlord’s details in advance of termination, and require that the tenant provide any evidence that their tenant’s tenancy has ended before termination.
There are a number other changes, too.
Landlords who are in breach of the code of their behaviour can now be liable for damages up to €5,000 per day, and tenants who are found to have breached their code can also sue for damages of up to $25,000, or up to 30 days in jail.
The law also stipulates that “any person, not just a landlord, who does not comply with the terms and conditions of a tenancy agreement can be liable to an injunction”.
Tenant rights The new law was passed with support from the Housing Minister, who said it would help to “restore confidence” in the legal systems.
“The current tenancy rights legislation is flawed and it’s an area of great concern for many of us,” he said.
“We are pleased that the Government is considering ways to improve it, but it is not enough.”
The Minister said the law “sets out a range of protections for tenants in Ireland”, including a clause which requires landlords to notify their tenants of all actions taken against them and to give them a copy of any judgement or order made against them.
“Tenants will be able to seek redress from landlords for any breach of their rights,” the Minister said.
Landlord protections include An “opt in” provision that requires landlords not to take action against tenants they consider “unreasonable”, or “unlawful”.
Landers will also be able to appeal to the Supreme Court, with judges saying that landlords can’t be held legally liable for their actions unless they take a “reasonable step”.
In 2016, a High Court judge ruled that landlords who had not followed the code in their rental contracts were not bound by the law.
Irish Landlords Association chief executive Peter Collins said