Private Rental Inspections
Offaly County Council is responsible, through inspections, for determining if a property meets the standards for Private Rental accommodation in accordance with Housing (Standards for Rented Houses) Regulations 2019.
The main objective of the Housing Standards Regulations is to establish minimum standards to protect the health and wellbeing of tenants and to make private rented houses safe and fit for habitation.
Landlords are legally obliged to ensure that their private rented houses (which include a house, flat or an apartment) are maintained in good condition and repair and comply with the Regulations. Landlords failing to comply with their legal obligations in private rented houses are liable to be prosecuted, and on conviction, may be subject to a fine or imprisonment or both.
The following are covered in detail under the housing standards legislation and the technical guidance document:
- Structural Condition
- Sanitary Facilities
- Heating Facilities
- Food Preparation, Storage and Laundry
- Ventilation
- Lighting
- Fire Safety
- Refuse
- Gas, Oil and Electricity Installations
- Information
Landlords and Tenants are required to allow Authorised Officers of Offaly County Council access to the property to undertake 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.
Tenants may report suspected non-compliance with the standards to Offaly County Council by sending a completed Inspection Request Form (LINK) by e-mail to standards@offalycoco.ie and request that an inspection be carried out. The tenant is entitled to be informed of the outcomes of inspection and enforcements processes.
Enforcement
Offaly County Council, in accordance with the Housing (Standards for Rented Houses) Regulations 2019, can issue Improvement Notices and Prohibition Notices to landlords who breach the minimum standards regulations. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations.
If the landlord does not complete these works, Offaly County Council may issue a Prohibition Notice, directing the landlord not to re-let the property until the breach of the regulations has been rectified. A Prohibition Notice is served when the housing authority is of the opinion that a landlord has failed to comply with an Improvement Notice served on them. 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. It is also a requirement under the legislation for local authorities to publish details of properties that are subject to Prohibition notices.
Where a landlord re-lets a private rented house in breach of a Prohibition Notice, they may be prosecuted and on conviction, may be subject to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, along with a daily fine of €400 for a continuing offence (together with orders for the costs and expenses of the investigation, detection and prosecution of the offence, which may be considerable).
Prohibition Notices
The following were served Prohibition Notices under Section 18B Housing (Miscellaneous Provisions) Act 1992 (as amended):
- Flat Above Super Marios, High St., Tullamore, Co. Offaly, R35 XE80
- 21 Clover Court Retirement Village, Shinrone, Co. Offaly, R42 AE95
Residential Tenancies Board (RTB)
The Residential Tenancies Board is the statutory body responsible for the operation of a national registration system for all residential tenancies and for all tenancies provided in the Approved Housing Body Sector. 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.
Useful Links
Housing Standards Legislation – Housing (Standards for Rented Houses) Regulations 2019.
Inspection Request Form – LINK
Guidelines for Housing Authorities in Implementation of Standards in Rented Accommodation (August 2024) – https://assets.gov.ie/static/documents/guidelines-for-housing-authorities-minimum-standards-in-rented-accommodation.pdf
Information Leaflet for Landlords – Minimum Standards and Fire Safety – https://www.rtb.ie/images/uploads/general/Minimum_Standards_and_Fire_Safety_Leaflet_v3_2021_Final.pdf
Information Leaflet for Landlords and Tenants – Why you need proper ventilation in your home – https://assets.gov.ie/static/documents/why-you-need-proper-ventilation-in-your-home.pdf
Threshold – National Housing Organisation – https://threshold.ie/