Rent Increase Exemption Notice for New Tenancies

Understanding the Notice of Exemption from Rent Increase Restrictions on Tenancy Commencement

The Notice of Exemption from Rent Increase Restrictions on Tenancy Commencement is an official form issued by the Residential Tenancies Board (RTB) in Ireland. It serves to inform tenants and the RTB that the rent set at the start of a tenancy is exempt from the usual rent increase restrictions, as permitted under section 19(5B) of the Residential Tenancies Act 2004 (as amended). This document is essential for landlords who believe that their rent setting qualifies for an exemption and must comply with specific legal requirements.

Purpose of the Form

This form is designed to officially notify both the tenant and the RTB that the rent established at the beginning of a tenancy falls outside the scope of rent increase controls. Such exemptions may apply in several circumstances, including when a new tenancy has been established after a period of no tenancy, or when significant structural or energy-related modifications have been made to the dwelling. The form ensures transparency and legal compliance, providing a record of the exemption claim.

Preparing Your Exemption Claim

Gather Supporting Documentation

To complete the form accurately, landlords need to gather relevant documentation that substantiates their exemption claim. This may include:

• Previous and current tenancy registration numbers from the RTB.
• Evidence of structural modifications, such as reports from architects or surveyors.
• Building Energy Rating (BER) certificates indicating energy performance improvements.
• Details of any works that resulted in a permanent increase in floor area or internal layout changes.

Completing the Form

The form requires detailed information about the tenancy, including:

1. Type of tenancy (private, student-specific, etc.).
2. Property address and Eircode.
3. Tenancy start date and registration numbers.
4. Details of the new rent amount and frequency, as well as previous rent details.

In Part C, the landlord must select the applicable exemption reason(s). These include scenarios such as:

• No tenancy in the last 2 or 12 months.
• Significant structural changes, such as permanent extensions or energy efficiency improvements.
• Other works resulting in internal layout changes or adaptations for accessibility.
• Specific reasons related to student accommodation or tenancy endings due to tenant breach or changing needs.

Submitting the Notice

The completed form must be served on both the tenant and the RTB within one month of setting the rent. It can be delivered either in person, by post, or electronically, provided proof of service is retained. The landlord must ensure all supporting documents are attached to substantiate the exemption claim.

Legal and Compliance Considerations

Landlords are advised to review the guidance available on the RTB website (www.rtb.ie) to understand the legal implications of claiming an exemption. Incorrect or false declarations can lead to penalties, including fines or other sanctions. It is crucial that the information provided is accurate and supported by appropriate evidence.

Follow-Up and Record-Keeping

Once served, the RTB records the exemption notice, which forms part of the tenancy's official registration history. Landlords should retain copies of all documentation and proof of service in case of future disputes or inspections. Tenants are encouraged to review the details of the exemption and seek clarification if needed.

Contact and Further Assistance

For additional guidance on completing the form or understanding the exemption criteria, landlords and tenants can consult the RTB’s official resources or contact their customer service. Ensuring compliance with rent setting rules helps maintain transparent and fair rental practices in Ireland’s housing sector.