Dublin: The Residential Tenancies Board (RTB) has issued fresh guidance to address widespread confusion surrounding new tenancy laws introduced in March, particularly regarding changes in shared accommodation.
The clarification follows concerns raised by tenants, landlords, and public representatives about what happens when occupants move out of a rental property.
According to the RTB, a new tenancy can only begin once all existing tenants have vacated a property. However, if one tenant leaves and another moves in, the incoming occupant will be treated as part of the existing tenancy rather than a new agreement.
The update comes after fears among tenants that they could be forced to cover rent for vacant rooms or risk losing their current tenancy agreements. Confusion intensified in developments such as Lansdowne Gate in Drimnagh and the Marker Buildings in the Grand Canal area, where residents reported being prevented from replacing departing housemates—something previously permitted under existing arrangements.
Tenants have also raised concerns about changing practices by large property firms, including Ires REIT, alleging a shift in how tenant replacements are handled.
An RTB spokesperson reiterated that only one tenancy or lease agreement is permitted per property, meaning all occupants must be covered under a single contract. Separate leases for individual tenants within the same dwelling are not allowed under the Residential Tenancies Act 2004.
However, the RTB noted that each situation must be assessed individually to determine compliance with the law, and it cannot issue blanket rulings without examining specific cases.
Eoin Ó Broin, Sinn Féin’s housing spokesperson, has expressed concern that some practices by Ires REIT may not align with the updated rules. In response, the company stated it does not comment on individual leases but advised tenants with concerns to contact it directly.
Despite the RTB’s clarification, uncertainty remains—particularly around rules governing tenant replacement in shared housing. Ires REIT maintains that it is operating within the law and has ceased allowing new tenants to be added to existing leases or permitting subletting.
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