The RTB's own tenancy agreement template: wrong on the grounds, wrong on notice periods, and the RTB "accepts no responsibility"

stormy

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The RTB's own tenancy agreement template

The RTB publishes a sample tenancy agreement for new tenancies. The cover says it "reflects the law as of 14 September 2026". The footer says "V5 - 01.03.26". It also says the RTB "accepts no responsibility for inaccuracies, errors or omissions in the template".

Landlords get no such indulgence. In https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001393 (TR0001393) the warning letter demanded EUR 913 when the arrears were EUR 903. Think about that: one digit wrong, a "1" where there should have been a "0", and the notice of termination that followed was invalid. Had the landlord acted on that notice, even just by telling the tenant he had to be out by the date on it, he could have been prosecuted under s.74:

"A person is guilty of an offence if (a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and (b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served."​

That offence can carry a prison sentence. A single digit discrepancy turns a landlord following the process into a potential criminal.

Here is what a landlord relying on the RTB's template would get wrong.

1. Larger landlords lose two of their three grounds


Clause 38 lists the grounds: (i) to (iv) for all landlords, then (v) to (x) under the heading "Smaller Landlords", covering sale, family use, refurbishment and change of use. Under "Larger Landlords" it then says:

"A 'larger landlord' may only terminate a tenancy under the grounds at clause 38. For the avoidance of doubt this the case both during and at the end of a 6 year TMD."​

That sentence is inside clause 38, so it refers to itself. It should say 38(i) to (iv). You work out what it means from the headings, not from the words.

Then the note beside the break-clause options under clause 39 says larger landlords "may refer to clause 38 (iii)". That's one ground, the dwelling no longer suiting the tenant's needs. It leaves out rent arrears and breach of obligations, the two grounds a larger landlord actually uses.

Read that note again. Does the RTB now intend that a landlord with four or more tenancies can't serve a notice of termination on a tenant who stops paying rent or breaches their obligations? That's what it says. The Act says no such thing: arrears and breach are available to every landlord, and the RTB's own guidance page says so. But a landlord reading the template doesn't see the Act or the guidance page. He sees the RTB's lease telling him he has one ground, and it isn't the one he needs.

So the template gives a larger landlord two answers to the one question that matters: one that points at the whole clause, and one that points at a single ground. A landlord who reads the note and concludes he can't act on arrears has been misled by the RTB's own document.


2. It leaves out the 120-day cap

Clause 41(a) gives the minimum notice for a tenancy under six months as 90 days, and says nothing more. Since 14 September the maximum is 120 days (s.65(4), as amended by s.28 of the 2026 Act):

"If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 120 days may not be given in respect of it."​

Think about who this catches. A landlord who wants to be decent and gives a short-term tenant six months to find somewhere new has given more notice than the Act allows. If the notice falls, the tenancy runs past six months and becomes a six-year tenancy of minimum duration. For a larger landlord, that is in practice a tenancy for life.

Is this a trap set for landlords being decent with their tenants? The template invites them to give more than the minimum, and the law then punishes them for doing it.


3. It narrows the definition of anti-social behaviour

s.17(1)(b) covers behaviour that:

"causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity"​

The RTB's template lease version in clause 16 is narrower than the law in three ways:
  • The Act covers behaviour that "could cause" harm. The template only covers behaviour that actually "causes" it. A tenant who stores petrol in the hall or wedges the fire door open hasn't hurt anyone yet, so under the template it may not count.
  • The Act protects anyone living, working or lawfully present in or near the property. The template only protects people in the dwelling and the neighbours. A contractor working in the common hall, or someone passing on the street, isn't covered.
  • For ongoing nuisance behaviour, the Act covers a tenant who persistently disturbs anyone in the dwelling, anyone else in the building, or the neighbours. The template says the behaviour must interfere with "other tenants' peaceful occupation of the Dwelling and the peaceful occupation by neighbours of their properties". On its face that's both, not either, and a landlord with a single tenant in a house has no "other tenants" at all.
And clause 41 of the same template says "causes / could cause", so it doesn't even agree with itself.

The landlord owes the neighbours a duty to enforce. A landlord who reads clause 16, decides the behaviour doesn't qualify and holds off can end up paying the neighbours instead (https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001197 (TR0001197), EUR 10,000). The tenant behaves badly, the RTB's template tells the landlord it doesn't count, and come the Tribunal, it's the landlord who pays.


4. Cross-references to clauses that don't exist

Clause 43(a)(ii), on service, refers to an address provided "at clause 43(c) or clause 43(d)". There is no clause 43(c) or 43(d), and nowhere in the template to give a service address.

Service is where landlords lose notices: wrong date, wrong method, RTB copy a day out. The RTB holds landlords to the letter on it, and the service clause in its own template points to clauses that were never written.


5. The new tenancy types are muddled

Part F calls it a "Tenancy of Unlimited Duration (TMD)". TMD is the abbreviation for a tenancy of MINIMUM duration, and the two are different things. The note to clause 39 merges them into "a Tenancy of Unlimited Duration with a minimum duration of six years".


A landlord signing this can't tell from the RTB's own document whether he is granting six years or forever. That is the single most important thing he needs to know before he signs.


And the housekeeping, it's not good
  • Clause 25 says the notice of rent setting goes to the tenant and the RTB "at the commencement of the tenancy". That was the rule until 14 September, when the RTB's deadline became one month. The note at clause 2 has the new rule, so the template gives both.
  • The contents page says "Part J - Signatures"; the heading in the body says "Part I".
  • Clause 27 has two paragraphs lettered (a).
  • "expressively provided for" should be "expressly".
  • "For the avoidance of doubt this the case" is missing a word.

In fairness

Not every error favours tenants. Clause 29(d) sets out when a landlord must reimburse a tenant for repairs. s.12(1)(g) has two conditions: the landlord refused or failed to do the repair, and putting it off would have been unreasonable. The template adds a third, that the landlord "could not be contacted after all reasonable attempts", and joins it with "and". That condition isn't in the Act, and it makes the tenant's claim harder than the law does. Nobody designed that.

The difference is who pays for the mistakes. A tenant who relies on clause 29(d) may not claim money he's owed. A landlord who relies on clause 38 or clause 41 can lose his notice, months or years of time and possibly damages, and in the worst case be left with a tenancy he can never end. Meanwhile the RTB, which wrote the template, accepts no responsibility for it.


So, is this another example of anti-landlord sentiment at the RTB, or just carelessness? Either way, it's landlords who carry the risk, up to and including 12 months in Mountjoy.

If I've got anything wrong above, say so and I'll correct it (that's more than the template offers)
 
Never attribute to malice that which can adequately be attributed to stupidity.

I’d happily put the template down to carelessness if it stood alone. It doesn’t. Can we really attribute all of these to stupidity?

A EUR 10 discrepancy nobody raised

In https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001393 (TR0001393) the tenants had a history of arrears going back to 2023 and had already been served with multiple notices. The warning letter of 29 April 2025 demanded EUR 913. The rent account showed EUR 903, and the landlord’s agent explained the EUR 10 gap as an EUR 8 credit from the deposit.

The tenants didn’t pay EUR 913. They didn’t pay EUR 903 either. By the time the notice of termination was served a month later, the arrears had doubled to EUR 1,814. The landlord’s agent told the Tribunal she couldn’t pay her mortgage because the rent was constantly late.

The tenants who brought the case didn’t turn up to the hearing. Nobody argued the EUR 10. The Tribunal raised it, questioned the agent on it, and held the notice invalid because:

”no act of default arises if the amount demanded to be paid is not in-fact due.”​

So tenants who were EUR 903 behind, ignored the warning and fell EUR 1,814 behind keep the tenancy, because the demand was EUR 10 too high. A Tribunal that goes looking for that, on behalf of tenants who couldn’t be bothered to attend their own case, isn’t being careless.

A widow liable from the day her husband died
In https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001469 (TR0001469) an 80-year-old served a genuine own-occupation notice, which the Tribunal accepted. Her husband then died, and her son-in-law too. The family were “not in good financial circumstances”, and she let the flat on short weekly arrangements rather than leave it empty. She didn’t offer it back to the former tenant first.

The Tribunal started the tenant’s loss on the day her husband died. What had she done wrong that day? It then ran the loss to May 2027, eleven months of it in the future. It measured it as the tenant’s share of the old rent against the whole rent of a bigger two-bed, two-bath flat he chose to take on alone, at EUR 2,650 a month. He claimed EUR 10,584 under that heading and was awarded EUR 17,022.50, more than he asked for. Add EUR 2,500 for anxiety and she owes EUR 19,522.50. Her bereavement, the Tribunal said, “did not relieve the Landlord of the statutory and expressly declared obligation to offer the dwelling back.”

A notice that followed the RTB’s own guidance
In https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001481 (TR0001481) the Tribunal accepted the landlord had “probably followed the RTB’s own published guidance” and that his notice was “in full compliance with the Act in all other respects”. It was invalid anyway, on the service point from the Argutinski judgment. Because the deadline for that ground had passed in the meantime, he lost the ground for good.

Ordered to pay for fixing the problem
In https://rtb.ie/disputes/dispute-outcomes-and-orders/adjudication-and-tribunal-orders/?_search=TR0001427 (TR0001427) a landlord dealt promptly with a moth infestation and was ordered to pay EUR 1,000 for the disruption the repair caused. He was given 14 days to pay, less than the 21 days he had to appeal.

Stupidity is random. It cuts both ways. When the errors keep landing on the same side, I’d reach for Grey’s law instead: “Any sufficiently advanced incompetence is indistinguishable from malice.” On the evidence above, the RTB’s incompetence is very advanced indeed.

I’m not saying any individual decision-maker acts out of malice. But a system that produces these results again and again against one side doesn’t need malice to be hostile.



Just out of interest. Even if the act allows for it, does an RTB Tribunal actually have the power to send a landlord to jail?

No, a Tribunal can’t. Tribunals and adjudicators only deal with the civil side: whether a notice is valid, deposits, arrears, damages, orders to leave.

The criminal side runs separately. The RTB itself can bring the prosecution (s.9):

”Summary proceedings for an offence under this Act may be brought and prosecuted by the Board.”​

That goes to the District Court, and only a judge there can impose a fine or a prison sentence.

So the route for a landlord who acts on an invalid notice would be: the tenant disputes the notice, a Tribunal finds it invalid, and the RTB then decides whether to prosecute under s.74.

It’s on the statute book, the penalty went up to 12 months from 14 September, and the landlord’s only defence is showing he couldn’t reasonably have known the notice was invalid.
 
So the route for a landlord who acts on an invalid notice would be: the tenant disputes the notice, a Tribunal finds it invalid, and the RTB then decides whether to prosecute under s.74.

And let’s be clear about where this is heading. The Government wants more enforcement against accommodation providers, not less.

Here’s a reel from James Browne this afternoon, announcing that he’s boosting the RTB so it can crack down on rogue landlords:

James Browne TD, Facebook reel

1791400406296.webp

Which rogue landlords would those be? The one whose warning letter was EUR 10 too high, while his tenants fell EUR 1,814 behind? The 80-year-old widow whose liability started the day her husband died? Or the landlord who followed the RTB’s own published guidance and lost his notice anyway?
 
James Browne TD, Facebook reel

The Minister named three counties, Wexford, Mayo and Westmeath, to show housing being delivered right across Ireland. What he didn’t mention is that the private rental sector shrank last quarter. Excluding cost rental, registered private tenancies fell by 179 nationally between Q1 and Q2 2026, and 17 of 26 counties declined.

Two of his three named counties were among them (RTB data, Q1 to Q2 2026, excluding cost rental):

  • Wexford: 5,134 to 5,095, down 39
  • Mayo: 5,115 to 5,035, down 80, the fourth-largest fall in the country after Cork, Limerick and Galway
  • Westmeath: 4,179 to 4,218, up 39
Between them, the three counties he chose lost 80 private rentals in a single quarter.

Outside Dublin, which grew by 442, every other county combined fell by 621. Full table and sources are in my RTB Q2 ‘26 data thread.

So the housing being delivered in these counties isn’t private rentals. Landlords are leaving, and the answer in the budget is a bigger enforcement role for the RTB.
 
Im pretty sure that the RTB are using AI to do their homework for them.
The whole thing smacks of no reasonable human being involved in any of their decisions.
This whole RTB thing needs to be scrapped and let these things go to court where a 100% transparent, binding and non biased decision on the rules and laws must be made by a well trained legal professional.
This cant go on the way it is.
 
Between them, the three counties he chose lost 80 private rentals in a single quarter.
I'd also ask how many existing tenancies are actually 'zombie' tenancies. The landlord has issued an NoT to sell, the tenants caIn't find anywhere to rent and he is leaving them stay on with rolling extensions. Eventually, for one reason or another, this tenancy will end and the property will be sold. Or the landlord is in dispute with the tenant via the RTB and the long eviction process is in train. With some registered tenancies, the tenant will have left but the registration remains, it won't be cancelled until the annual reminder comes through.

Now it would be impossible for the RTB to calculate these numbers, but they shouldn't be crowing about their manipulated 'increase in tenancy' numbers with this going on in the background.

Here’s a reel from James Browne this afternoon, announcing that he’s boosting the RTB so it can crack down on rogue landlords:
Incredible, they are obsessed with rogue landlords, the ones as you say who make mistakes in forms. Meanwhile, there are thousands of people out there who can't live their lives as they want, who have to refuse jobs, can't move in together etc. because they can't find a tenancy and have to spend a huge amount of time chasing one. Forget all that, if the RTB can just get on top of the 'rogue landlords' all will be well.

More funding for the RTB, they are really doing well, like the PRS inspection companies mentioned in the other thread. In fact the only ones the situation is improving for is the regulators. It is getting worse for landlords and it is really getting worse for tenants.
 
This whole RTB thing needs to be scrapped and let these things go to court where a 100% transparent, binding and non biased decision on the rules and laws must be made by a well trained legal professional.
The RTB is going nowhere. It is too big, too powerful and has been trotted out too much as the solution to the PRS.
 
Article here from a Galway estate agent in the Galway Advertiser Is the small landlord worth saving
Some quotes

I see it every week. A large share of the homes we bring to market are former rentals. First-time buyers are snapping them up en masse, which is to be welcomed, but small investors are noticeably absent from viewings.
I have met hundreds of these landlords over the last few years, and they all say the same thing. The tax is too high. The regulations are too stringent. Their rights as property owners have been diminished, and they have lost control of an asset they paid for. As they see it, they do the work, carry the risk and hand half the profit to the State.
They have a point on regulation too. Each rule has a rationale, but together they tell a small owner that the risk is theirs and the control is not. Selling up is not a protest. It is a rational decision.

In the past, smaller landlords were often slow to raise rents, preferring a steady income from reliable tenants who were seen as custodians of the property, protecting its value over time.

Ironically, Government policy punished these landlords. Rent pressure zones locked those who had kept rents low and rewarded those who had regularly increased rents. Resale values were also negatively impacted.


James Browne's solution to all this - more crackdowns on rogue landlords!
 
Yes, politicians do love "Cracking Down". All the better if it's on Landlords.

It would make me laugh if it werent so serious.

I hope those "gentleman" in the posts above get properly "cracked down" on and end up with a criminal record.

Small landlords cannot possibly deal with all these rules and regs (dont ask me why a landlord can be held responsible for a tenants behaviour. As someone mentioned earlier, pity the landlord in the above case if this gets applied to him by the - understandably upset - neighbours..), and pushing out small landlords does seem to the the gov objective here, or at least the gov are showing they could care less about us rather than try keep us in the game.

The "sad" thing here is that larger landlords are less inclined to be renting traditional houses w gardens, driveways etc. for which there is huge demand. Before I "got out" I had people come out of the woodwork looking (in some cases practically begging) to rent my small 3 bed.

Harassing suppliers in a tight market makes zero sense for anyone involved...
 
Small landlords cannot possibly deal with all these rules and regs (dont ask me why a landlord can be held responsible for a tenants behaviour. As someone mentioned earlier, pity the landlord in the above case if this gets applied to him by the - understandably upset - neighbours..), and pushing out small landlords does seem to the the gov objective here, or at least the gov are showing they could care less about us rather than try keep us in the game.
I agree.

There is too much going on. It can't just be incompetence or not understanding what they are doing at this point. They are actively gettng rid of us and pushing us out. Small landlords are being culled as another poster said.
 
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