Responsibilities of Landlords and Tenants
Landlords /Owners of private rented dwellings 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 private rented dwelling. 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.
Local Government Housing Authorities are responsible (under the Housing Act 1966 as Amended - Statutory Instrument 137 of 2019) through Statutory inspection, for determining whether a property meets the minimum standards for rented accommodation. Where the Private Rented property does not meet the minimum standards in rented accommodation, the Local Government Housing Authority may issue an Improvement Letter, an Improvement Notice (legal proceedings) or a Prohibition Notice. Landlords / owners and tenants are required by law to allow the Housing Authority access to the Private Rented property to undertake Statutory 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 Minimum Standards in Rented Accommodation to the Inspectorate Unit, Galway County Council, High Street, Corralea West, Tuam, Co Galway. H54 F627 Tel. No. 091 509 025 requesting that an inspection be carried out on their private rented dwelling. Tenants are entitled to be informed of the outcomes of inspections and any enforcement proceedings necessary.
Investigation of a Complaint
Upon receipt of a verified complaint from a tenant, the Inspectorate Unit will arrange an appointment to inspect the private rented property. We will inform the tenant and the landlord of the inspection date & time. After the inspection takes place, the landlord will be notified of any works required through a notice of works document. The landlord is given a specific length of time to complete the works before a re-inspection takes place.
- Improvement Notice
An Improvement Notice may 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.
(d) Where there is a risk to public health & safety.
An Improvement Notice may 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 Inspectorate Unit may serve a Prohibition Notice. The Prohibition Notice directs the landlord not to re-let the private rented dwelling for rent or other valuable consideration until the contraventions to which the Improvement Notice relates have been remedied.
- 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)
Who is responsible for enforcing the Housing (Standards for Rented Houses) Regulations 2019 in County Galway & it’s Islands?
Inspectorate Unit. Galway County Council. High Street, Corralea West, Tuam, Co Galway. H54 F 627 Tel. No. 091 509 025
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 or following receipt of a verified formal complaint about the private rented dwelling.
If you are receiving Housing Assistance Payment (H.A.P.) Your first H.A.P. inspection normally takes place within 8 months of your H.A..P tenancy commencing.
How do I get an Inspection on my property?
You can contact the Inspectorate Unit. Galway County Council. High Street, Corralea West, Tuam, Co Galway. H54 F 627 Tel. No. 091 509 025 at inspectorate@galwaycoco.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, the Inspectorate Unit of Galway County Council will write to your landlord notifying them of the inspection.
How long does an Inspection last?
Time frames vary between 30 & 45 minutes depending on the private rented 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.
Please note that videoing or audio recording by a tenant / landlord or third party of an inspection in progress is prohibited under Health & Safety legislation.
What happens after an Inspection?
A Notice of Works Report 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 specified length of time has passed, a re-inspection of the private rented dwelling will take place, requiring all the work, as outlined in the Notice of Works Report letter, to have been completed.
What happens if the landlord / owner completes the work?
Upon re-inspection of the private rented dwelling, where all works as outlined in the Notice of Works Report has been completed & the dwelling is compliant with the Minimum Standards in Rented Accommodation, then a Letter of Compliance is issued to the landlord/s owner/s & may also be issued to the tenant/s upon request.
What happens if the landlord / owner does not carry out the work?
Where a landlord fails to comply with an Improvement Notice, the Inspectorate may serve a Prohibition Notice. 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.
Does the Inspectorate Unit of Galway County Council offer advices or mediate between tenants & landlords / owners of Private Rented Dwellings?
No, the Inspectorate Unit of Galway County Council, as a Statutory Inspection / Enforcement Authority, is not in a position to act for any non- “Statutory Body” or offer any assistance or advices outside our remit as provided for under statute and the requisite legislation applicable.
In cases where mediation services are necessary between a tenant & their landlord / owner, this must be referred to the Residential Tenancies Board (R.T.B.) as the R.T.B. provides a dispute mediation service in accordance with the legislation. Further information is available on the RTB website www.rtb.ie
Residential Tenancies Board (R.T.B.)
The Residential Tenancies Board is the statutory body responsible for the operation of a national registration system for all Private Rented Accommodation, Approved Housing Body rented dwellings and rented Student Specific Accommodation. 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 any dispute they feel they may have with their landlord regarding their tenancy. Further information is available on the RTB website www.rtb.ie
Useful Links
SI 137 2019 Private Rental Standards (Acrobat pdf, 209KB)
RTB guide to Minimum Standards for Rented Residential Accommodation (Acrobat pdf, 261KB)
PROHIBITION NOTICES
Issued & Published by the Inspectorate Unit, Galway County Council.
Under the Housing Acts 1966 – 2014 Housing (Standards for Rented Houses) Regulations 2019 Section 18B Housing (Miscellaneous Provisions) Act 1992 as inserted by the Housing (Miscellaneous Provisions) Act 2009.
LIST OF PROHIBITION NOTICES HERE: