Two landlords have received criminal convictions for failing to register their tenancies.
The Residential Tenancies Board (RTB) has secured criminal convictions against two landlords who failed to register their tenancies, despite receiving a number of statutory notices and warning letters instructing them to do so.
In the first case proceedings were taken against Eileen Maguire of Ballydevitt, Donegal Town, Donegal, for failing to register a tenancy at Ballydevitt, Donegal. The case was heard by Judge John O’Neill on April 4th, 2016.
Ms Maguire was sent two notices ordering her to comply with the legislation but failed to register the tenancy.
The RTB’s solicitors, sent two further warning letters prior to the initiation of proceedings, offering Ms Maguire further opportunities to register the tenancy, which was not availed of.
Mr O’Neill convicted Ms Maguire of an offence under Section 144(3) of the Residential Tenancies Act 2004 and imposed a fine of €1,000. Mr O’Neill made an order for costs against Ms Maguire in favour of the RTB in the amount of €2,500. The tenancy was registered at the time of the court hearing.
Second case
In the second case Andrew Oliver Fleming of Tymon Crescent, Old Bawn, Tallaght, Dublin 24, was convicted for failing to register a tenancy at the same address.
The judge imposed a fine of €1,000 and made an order for costs in favour of the RTB of €2,500. The tenancy was registered at the time of the court hearing.
The RTB has said further cases will be brought before the courts throughout 2016 and beyond against landlords for failing to register tenancies in breach of the Act.
A total of 22,854 letters were issued by the RTB in 2015 notifying landlords of their specific registration requirement.
Since January 2011, the fee is €90 per tenancy if registered within one month of the tenancy commencing and, a late fee of €180 applies if the tenancy is registered outside of that time period.
The registration fees also fund local authority inspections of rental accommodation to enforce minimum standards.
A landlord, if convicted under the Residential Tenancies Act 2004 for failing to comply with a notice, faces a fine of up to €4,000 and/or six months’ imprisonment, along with a daily fine of €250 for a continuing offence where the tenancy continues to remain unregistered after the court hearing.