Notice of Exemption from Rent Pressure Zone Rent Restriction

Understanding the Notice of Exemption from Rent Pressure Zone (RPZ) Rent Restriction in Ireland

The Notice of Exemption from RPZ Rent Restriction is an official form used by landlords to notify the Residential Tenancies Board (RTB) that a particular rental property qualifies for an exemption from the rent increase limits typically imposed within Rent Pressure Zones (RPZs). This document is essential for landlords seeking to apply for an exemption based on specific legal criteria, allowing them to increase rent beyond the standard restrictions.

Purpose and Usage of the Form

This form is designed for landlords who believe their property qualifies for an exemption under the Residential Tenancies Act 2004 (as amended). It must be submitted to the RTB when a rent increase is being considered that exceeds the RPZ limits. The form ensures that the RTB is formally notified of the exemption claim, accompanied by supporting documentation, within one month of setting the new rent.

The RTB provides an online Rent Pressure Zone Calculator to assist landlords in determining the maximum permissible rent increase based on inflation data and the specific exemption criteria. The calculator references the All-Items Harmonised Index of Consumer Prices (HICP) for Ireland, published on the RTB website.

Key Sections of the Form

Part A: Rented Dwelling Details

• RT Number: The registered tenancy number assigned by the RTB.
• Address of the Dwelling: Complete address, including the Eircode.

Part B: Tenancy Information

• Tenancy commencement date: The date when the current tenancy started.

Part C: Landlord or Agent Details

• Name: The full name of the landlord or authorized agent.
• Contact details: Address, phone number, and email address.

Part D: Rent Details

• Previous rent amount: The rent before the recent increase.
• Date previous rent was set: When the last rent was established.
• New rent amount: The proposed rent following the increase.
• Date new rent was set: When the new rent was agreed or implemented.

Criteria for Exemption (Part E)

Landlords must select the appropriate exemption category that applies to their property. The main exemptions include:

1. No Tenancy in the Previous Two Years: There was no tenancy of the property during the two years prior to the current tenancy.
2. New Tenancy and Protected Structure: The dwelling is in a protected or proposed protected structure, and no tenancy existed in the last 12 months.
3. Works Resulting in Substantial Change: Significant modifications to the property have been carried out, such as:
• Permanent extension increasing the floor area by at least 25%.
• Improvement of the Building Energy Rating (BER) by 7 or more ratings.
• Other works that alter layout, adapt for accessibility, increase room count, or improve BER ratings.

Landlords must tick the relevant exemption box and provide supporting documentation to justify their claim. For example, if claiming an exemption based on substantial works, evidence such as building permits, receipts, or BER certificates should be attached.

Filing and Submission Process

The completed form, along with all supporting evidence, must be sent to the RTB either by postal mail or email. The official addresses are:

• Postal address: PO Box 47, Clonakilty, County Cork
• Email: [email protected]

It is crucial to submit this notice within one month of setting the rent to ensure compliance with legal requirements. Failure to do so may result in penalties or invalidation of the exemption claim.

After Submission

Once the RTB receives the notice and supporting documents, it will process the claim and update its records accordingly. If the exemption is approved, the landlord can proceed with the rent increase beyond the RPZ restrictions. Conversely, if the exemption is denied, the landlord must adhere to the rent cap as dictated by the HICP or the 2% annual limit.

Landlords should retain copies of all submitted documents and correspondence with the RTB for their records. Additionally, it is advisable to monitor the RTB website or contact their helpline for any updates or clarifications regarding the exemption process.

Conclusion

The Notice of Exemption from RPZ Rent Restriction is a vital legal document for landlords seeking to justify rent increases outside standard RPZ limits. Proper completion, timely submission, and supporting evidence are essential to ensure compliance and to facilitate a smooth exemption process with the RTB.