Private Rental Inspections
Responsibilities of Landlords and Tenants
Landlords are legally required to provide tenants with a property that provides a safe and healthy environment to live in. That means regularly reviewing the condition of the property and carrying out repairs when needed. Landlords are responsible for the maintenance and repair of the dwelling and the equipment provided with it, arising from the wear and tear associated with normal use.
Tenants must also take responsibility for the property. They are required to exercise due care when using the dwelling and the equipment in it and to promptly inform the landlord when repairs are needed. Tenants are responsible for the repair of damage, either accidental or deliberate, that is not attributable to normal use.
Housing Authorities are responsible, through inspection, for determining whether a property meets the standards for rental accommodation and, where the property does not, for ensuring compliance through the use of improvement and prohibition notices and legal proceedings. Landlords and tenants are required to allow the Housing Authority access to the property to undertake inspections.
Where it is not clear from an inspection that a rental property is in compliance with the Regulations, the Housing Authority may require the landlord to provide such evidence as is necessary to establish that they have complied with the requirements of the Regulations.
Tenants may report suspected non-compliance with the standards to the Housing Authority, request that inspections be carried out and are entitled to be informed of the outcomes of inspection and enforcements processes.
Residential Tenancies Board
The Residential Tenancies Board is the statutory body responsible for the operation of a national registration system for all residential tenancies and for all Private, Approved Housing Body, Student Specific Accommodation and Cost Rental tenancies. One of the core functions of the RTB is also to provide for tenants and landlords, a timely and cost-effective dispute resolution service.
A tenant can take a case against their landlord regarding the standard and maintenance of a dwelling. The tenant must first write a letter to their landlord, outlining the issues, and giving them a reasonable period in which to rectify the situation. If the problem persists after the letter has been sent, they may take a case against the landlord through the RTB. Further information is available on the RTB website www.rtb.ie
Investigation of a Complaint
On receipt of a complaint from a tenant, an appointment will be arranged to inspect the property. After the inspection takes place, the landlord will be notified of any works required through a notice of works letter. The landlord is given a specific length of time to complete the works before a re-inspection takes place.
Improvement Notice
An Improvement Notice can be served if one or more of the following criteria apply:
(a) The conditions of the rented house are unacceptable and there are significant contraventions of legislation,
(b) Where action needs to be taken to remedy conditions that are serious or deteriorating, or.
(c) There is a history of non-compliance with other measures such as Improvement Letters.
An Improvement Notice can be served after an initial inspection or after a subsequent reinspection has been carried out of the rented house.
Prohibition Notice
Where a landlord fails to comply with an Improvement Notice, the inspector may serve a Prohibition Notice and may consider instituting legal proceedings. The Prohibition Notice directs the landlord not to re-let the private rented house for rent or other valuable consideration until the contraventions to which the Improvement Notice relates have been remedied.
link here to Prohibition Notices
Offences – Sanctions
Housing (Miscellaneous Provision) Act 1992 as amended by the Housing (Miscellaneous Provision) Act 2009
Any person who
(a) by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or contravenes a provision of, or a regulation made under, section 17, 18 or 20, or
(b) fails to comply with an improvement notice, or
(c) re-lets a house in breach of a prohibition notice, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction, contravention, failure to comply or re-letting is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction, contravention, failure to comply or re-letting continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €400.
(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this section may be instituted at any time within two years after the date of the offence.
(3) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the housing authority, the costs and expenses, measured by the court, incurred by the housing authority in relation to the investigation, detection and prosecution of the offence.
If anyone wishes to view the guidelines in full they can be downloaded at Guidelines for Housing Authorities Standards in Rented Accommodation (Aug 2024) or if you wish to view them at our offices you can make an appointment by emailing inspections@kildarecoco.ie .
Who is responsible for enforcing the Housing (Standards for Rented Houses) Regulations 2019?
The Private Rental Inspections Team in Kildare County Council.
How often can I get an Inspection?
An Inspection on private rented accommodation can be carried out once every 4 years unless a new tenancy commences within those 4 years.
Your first HAP inspection normally takes place within 8 months of your HAP tenancy commencing.
How do I get an Inspection on my property?
You can contact the Private Rental Inspections Team at inspections@kildarecoco.ie. An inspection will then be arranged at a time and date that suits you.
What information do I need to submit?
Before the complaint can be investigated the following information must be submitted:
- Full name of complainant/s.
- Address and Eircode of complainant/s.
- Telephone number and contact details of complainant/s.
- Full name of occupant/s or tenants.
- Telephone number and contact details of occupant/s or tenants.
- Address and Eircode of the property to which this complaint relates to.
- The reason for the complaint. (Please provide as much information as possible to assist our inspection team).
- Contact details for landlord/building owner – If possible, please provide all the following: name, telephone number, address and Eircode.
Do I have to pay for this inspection?
No, it is free of charge.
Do I have to notify my landlord about this inspection?
No, Kildare County Council will write to your landlord after the inspection and request they carry out the works.
How long does an Inspection last?
Time frames vary between 15 & 45 minutes depending on the property’s size and condition.
Do I need to be present?
A member of the household over 18 years of age needs to be present. Children and pets are to be supervised while the Inspector is present.
What happens after an Inspection?
A notice of works letter is sent to the landlord. This notice outlines the work needed to be carried out on the property and gives a specific length of time to carry out the work.
Once the length of time has passed a re-inspection will take place and will continue to take place until all the work has been completed.
What happens if they don’t carry out the work?
Where a landlord fails to comply with an Improvement Notice, the inspector may serve a Prohibition Notice and may consider instituting legal proceedings. The Prohibition Notice directs the landlord not to re-let the private rented house for rent or other valuable consideration until the contraventions to which the Improvement Notice relates have been remedied.
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