RTB Rent Register

[Greenbook]

But I’m not reviewing the rent!

You're not, but these rules don't make logical sense.

You are setting a new rent on a new tenancy. I think that requires the rent setting form, the 3 comparables, serving it on the tenant and the RTB. @LarryScott thinks so as well and he is very good on these things.

To be on the safe side, I think you should get legal advice on this. The RTB were no help to how unsurprisingly. Maybe you should call them again and pretend to be a tenant!

 

[JamieB_]

But I’m not reviewing the rent!

Thats exactly what I was thinking as I was reading through the posts.
You arent doing a review. Why should you have to prove a negative (It wasnt rented).
Just pick your market rent. If someone rents it at that price its at or below the market rent for your property. Otherwise it wouldnt rent.
If the RTB want to argue let them. They have more info than you have about recent rents but you have a bang up to date proof of market rate in your rent that you are getting. And let them come back to you and prove it hasnt been rented for the last 2 years because i honestly dont know how you can be expected to prove something that didnt exist, didnt exist, if you now what i mean. Its a total shambles.

 

[Premos]

You are setting a new rent on a new tenancy. I think that requires the rent setting form, the 3 comparables, serving it on the tenant and the RTB

You are setting a new rent and you have to fill the form with the 3 compared rent.
You can set a new rent because you are claiming an exemption (part D notice of exemption). If you couldn't fill that part D at this point, you would have a month to fill a separate notice of exemption.
There are different exemptions in that part D, for some there would definitely be documents (like for work done). For your exemption, I don't see how you could prove it was empty for 2 years or if it would be an issue (it's different from a change of BER...). Perhaps the last registration details could do (you already have to provide them above)

 

[galway]

I do not expect the new rules to be changed I do not feel the RTB is in any way anti Landlord, the paper work is going to take some getting used of hopefully once posters have gone trough they new rules they will share feedback on how they got on,

 

[LarryScott]

RTB constantly refers to Rent Review, but there is no rent review

I think they are confused, or maybe they just have 1 form for everything.

According to the legislation, you have to do the following for a new tenancy.

RT Act Section 12

in the case of a tenancy (other than a tenancy to which section 5 (4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 (in this paragraph referred to as a "relevant tenancy"), furnish the tenant and the Board, in writing, with the following information at the commencement of the relevant tenancy:

This is not a rent review, it is for the initial rent setting. You have to provide the RTB and tenant of that information.

According to here, you have 1 month to register the tenancy from the date it is established. This references the 2022 Act, so presumably not updated.

 

[Greenbook]

@LarryScott - when do you have to serve the Rent Setting document on the tenant and the RTB? It says the commencement of the tenancy in S.12 which you quote above. Is that the date the lease is signed or when the tenant moves in or something else?

Do you have to deliver it to the tenant and the RTB on precisely that day? What happens if you deliver it the following day or a week later?

I'm becoming very curious about the mechanics of this. It seems to contain, yet again, all sorts of traps.

 

[LarryScott]

@LarryScott - when do you have to serve the Rent Setting document on the tenant and the RTB? It says the commencement of the tenancy in S.12 which you quote above. Is that the date the lease is signed or when the tenant moves in or something else?

I would say it is presumably when the lease is signed.

Probably the safest would be to include the information with any documentation that you give the tenant and also post/email it to the RTB.

However, the RTB seem to allow 30 days before you have to register the tenancy, so maybe that is when you have to provide the information to the RTB.

 

[Greenbook]

However, the RTB seem to allow 30 days before you have to register the tenancy, so maybe that is when you have to provide the information to the RTB.

Thanks @LarryScott

Still unclear though and the rent set would be invalid and/or the landlord could face criminal prosecution for getting this step wrong.

The RTB really should provide a step-by-step guide as to when everything must be done. It is unfair to landlords not to do so, another trap.

I may send my rent setting documents to the RTB and the tenant on the day the lease is signed. But perhaps the correct date is later when the tenant gets the keys. I could be in a lot of trouble for that 'mistake'.

The IPOA should ask the RTB to clarify this.

We also need clarity about whether the rent setting rules apply to new tenancies when the property has been vacant for 2 years and other issues like that. It is really unfair to leave us to guess the right answer and face penalties if we guess wrong.

 

[DannyBoyD]

do not feel the RTB is in any way anti Landlord,

Pretty sure you are the only property owner (if indeed you are a property owner) who feels that way.

 

[stormy]

Have been travelling, but have learned a bit from my last post!

I don't see on what basis you can put in details that are not actually factual (like the house being in a LEA it is not actually in).

So I was wrong on this, as @LarryScott pointed out - legislation says the area only needs to be comparable. I was on the RTB webinars and there was certainly no mention of being able to change the LEA, but seems like the legislation allows for it. Presumably one could pick several LEAs (once comparable) to help find higher rents.

- you can use the RTB site for setting rent, not you must.

Your screenshot also clearly says: "To prove this, it must include details of rent paid for three tenancies in similar properties from the RTB Rent Register." This just shows how misleading the RTB is.

Link

- crucially that list doesn't mention must be the same electoral area

Very much agreed now! I was wrong before on this, and this alone has been useful learning for me! Thank you. Relevant section of act here.

I don't know if you listened to the RTB information sessions, it was made very clear that using the RTB rent register to choose the level of rent was expected. While exceptions were possible, it was also made clear that robust justification would have to be provided.

This was my take away loud and clear also. No mention of being able to put in differing information.

the only thing I can include to justify my rent is the 3 comparators from the Rent Register per the form? I can't find any place to include Daft or an auctioneer's report. Am I missing something?

This is correct, and is part of what had mislead me. When you do the upload of the rent review to the portal (which needs to be done same day), you can upload other files, so presumably all the evidence supporting why the rent register is wrong would need to be uploaded there.

I think it would be very difficult to argue my rent is above market rent based on such a response

I would agree - but the real issue is for the people that are just doing rent reviews. I did one last month, just increasing by the 2% (which was not actually 2% annualised, and inflation was not the actual inflation over the period. post here) . Those doing reviews where the reviewed amount is above all in the register from register need to get other ways to prove market rent (I got a letter from an EA and included on the upload).

 

[stormy]

Any here is the Rent setting form:

https://rtb.ie/wp-content/uploads/2026/02/Notice-of-Rent-Review-Form_FINAL.pdf

This is the wrong form - that link takes you to the Rent Review form.

The rent setting form is here:
https://rtb.ie/wp-content/uploads/2026/02/Notice-of-Rent-Setting-Form_FINAL.pdf

None of the options has the 2 year empty exemption !!

The rent setting form does indeed have it.

RTB constantly refers to Rent Review, but there is no rent review

There is a distinction between rent setting and rent reviews.

But I’m not reviewing the rent!

But you are setting it.

how does a new landlord prove it wasn’t rented for the last two years?

Its a standard question since 2019 as part of buying a property in the "Requisitions on Title" questionnaire solicitors use for conveyance.

not for me though !

As tenancy started post 1 March, you needed to serve the rent setting form the same day (link). The RTB says "If you do not send it to the RTB, the rent setting notice is invalid.". I don't know what the implications of this are.

Basically you had two forms that needed to be submitted: The rent setting form, to be served on both tenant and RTB on same day (tenancy commencement date). And the RPZ exemption form within one month of the tenancy commencing.

Obviously you also need to register the tenancy itself within the one month.

Do you have to deliver it to the tenant and the RTB on precisely that day?

As mentioned above, yes needs to be served same day, otherwise "notice is invalid". I'm not sure what the repercussions of the notice being invalid is though. If a rent review is invalid, the higher rent does not need to be paid while under dispute (link). If rent setting is invalid, does the same logic mean no rent is payable? (as rent amount not legally established). Nothing would surprise me at this point.

 

[polecon]

There is a fundamental flaw here regarding certainty of contract.

Unless there is some time limitation (ending before the establishment of a 6 year tenancy) on the possibility of an RTB investigation finding the rent was set above their view of "market rent", then the landlord cannot know what the rent will be throughout the tenancy. It does not matter what the lease says the rent is to be.

What competent solicitor or financial advisor would advise a client to enter into such an agreement?

 

[stormy]

There is a fundamental flaw here regarding certainty of contract.

I fully agree. I'm debating if I should dispute my own rent review. I don't know how else I can be 100% sure all is ok with it. I'm confident its below market, but it was higher than all comparables shown on the register extract. I got an EA letter, took copies of daft adverts etc. But who knows.

ending before the establishment of a 6 year tenancy

And this is effectively a lifetime tenancy for a large landlord.

 

[Bronte]

Your screenshot also clearly says: "To prove this, it must include details of rent paid for three tenancies in similar properties from the RTB Rent Register." This just shows how misleading the RTB is

You are correct. is that written in the legislation do you know? I can’t read the Act. It’s incomprehensible. Maybe Larry knows.

 

[Bronte]

I'm debating if I should dispute my own rent review. I

This is advisable. A sibling and I disputed our own Termination Notices in order to ensure their validity.

 

[Bronte]

There is a distinction between rent setting and rent reviews.

You are brilliant! Why don’t they just put the forms in one place one after the other. It’s so complex to search.

 

[Bronte]

The rent setting form does indeed have it.

You know something, I’d found that form too, and seen the 2 year exemption clause, but later found the “rent review” form, got confused between them, plus the third “exemption” form, and between going back and forth didn’t realise there was a difference, assumed I’d misread the form …

Ironically, today when I was on to the RTB about what to do, they linked me the wrong info, and also confused me, then they apologised, and said they had given me the wrong info. Didn’t end well though, as they told me to seek legal advice!

 

[stormy]

is that written in the legislation do you know?

Yes - Here.

Section 12 under Landlord Obligations:
...furnish the tenant and the Board, in writing, with the following information at the commencement of the relevant tenancy:...
...
by reference to the published register, the amount of rent payable and the number assigned under section 135(3) in respect of the most recent tenancy, preceding the date of commencement of the relevant tenancy, of each of 3 dwellings—

(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character and (where applicable) BER to the dwelling the subject of the relevant tenancy, and

(II) situated in a comparable area to that in which the dwelling the subject of the relevant tenancy is situated.]

 

[stormy]

Ironically, today when I was on to the RTB about what to do, they linked me the wrong info, and also confused me, then they apologised, and said they had given me the wrong info. Didn’t end well though, as they told me to seek legal advice!

And it's fair to say you are more to speed more than most. The whole thing is a morass.

Alan Shatter put it well: Add the 2026 Bill to the mix and the law will be an incomprehensible jumble of complexity, incomprehensible to the general public, practically beyond any common sense oversight and only intelligible to specialist lawyers with the capacity to engage in intellectual legal gymnastics of an Olympian standard
https://www.irishtimes.com/opinion/...ible-jumble-and-is-possibly-unconstitutional/

 

[Bronte]

This thread is brilliant. Getting to grips more and more with the rules as we tease out the issues.

My agent told me they are sending in the 3 from the registry, plus the Daft rents.