Landlords convicted and fined for failing to register tenancies

Two landlords receive criminal convictions but avoid jail for failing to register leases

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Two landlords have been slapped with fines and criminal convictions for failing to register private tenancies, despite repeated warnings.

All landlords are required to register leases with the Residential Tenancies Board (RTB), which regulates the rental housing market, under the Residential Tenancies Act 2004.

The RTB took action against Eileen Maguire of Ballydevitt, Donegal Town, Donegal, and Andrew Oliver Fleming of Tymon Crescent, Tallaght, Co Dublin, for not complying with their legal duties.

In the first of two recent prosecutions, Ms Maguire was fined €1,000 and ordered to cover legal costs to the tune of €2,500 for not registering a tenancy at Ballydevitt, Co Donegal.

Counsel for the RTB told the court that the defendant had been sent two notices and two further warning letter before legal proceedings were launched. The tenancy was registered at the time of the court hearing.

In the second case, Mr Fleming was convicted for failing to register a tenancy at Tymon Crescent, Old Bawn, Tallaght. He was fined €1,000 and ordered to pay €2,500 in legal costs. That tenancy was also registered at the time of the hearing.

According to the RTB, 22,854 letters were issued notifying landlords of their specific registration requirements in 2015. A late fee of €180 applies if the tenancy is registered later than a month after the beginning of the tenancy.  

Landlords convicted under the Residential Tenancies Act 2004 for failing to comply with a notice face fines of up to €4,000 and/or six months’ imprisonment, along with a daily fine of €250 where the tenancy continues to remain unregistered after the court hearing.