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Clarity had been sought by the minister among others. Shutterstock/Albina Glisic

These new rules aim to help tenants if landlords seek a 'back door' around rent limits

The Residential Tenancies Board wants to make clear what constitutes ‘substantial change’ to a property.

DOING UP A kitchen or bathroom or carrying out painting or plastering isn’t enough to justify landlords getting around rent control limits, according to the Residential Tenancies Board (RTB).

The agency which regulates renting in the State has published a list of guidelines amid growing claims that landlords are doing up properties as a ‘back door’ around rent limits.

The government last year introduced rental caps laws for some areas around the country. Under the legislation, certain areas are designated as Rent Pressure Zones.

In these zones landlords are not allowed to raise the rent by more than 4% a year. As well as this, a new tenant in a property can only be charged 4% more than what a previous tenant was paying.

A clause in the Residential Tenancies Acts gives leave for landlords to raise rents above these limits when there is a “substantial change in the nature of the accommodation”.

Now, the RTB wants to make clear exactly what it views to be “substantial change” and has published a set of guidelines it says are to help the understanding of both landlords and tenants.

“It is not just about improving a property but about significant changes;  for example, has the property been extended,” according to the RTB’s director Rosalind Carroll.

The 20-page guideline booklet published contains a list of indicative examples which it says would be likely to constitute a substantial change.

They include:

  • Attic conversion
  • Alterations for the addition of a bedroom or bedrooms
  • Garage conversion
  • Change of interior floorplan to improve the layout of the property
  • Replacement pipework and radiators
  • Replacement of external windows and doors

The RTB says mandatory and usual works that would be carried out to maintain a property do not constitute substantial change to accommodation.

The guidelines have also provided a list of examples that would be unlikely to constitute a substantial change.

They include:

  • Upgraded kitchen
  • Painting
  • Plaster repairs

“It is important that landlords, tenants, and anyone working in the sector, familiarise themselves with the guidelines and where major disagreements arise, we would encourage those affected to refer such disputes to the RTB,” RTB chief Carroll said u[pon the publication of the guidelines.

Clarity is also provided on what the RTB considers “substantial refurbishment” for the purposes of using it as a ground for termination of a tenancy.

Threshold has previously said a total of 12% of the attempted evictions they have dealt with had to do with landlords looking to evict tenants so that they could refurbish the property.

In the published guidelines, the RTB notes that where a tenancy is terminated for the purposes of substantial refurbishment or renovation, if the property is complete, and available for re-let within 6 months of the termination, it must be offered for letting back to the original tenant.

Housing Minister Eoghan Murphy has been vocal in calling for clarity on these issues and has suggested that they may need to be made into law.

Read: ‘Perhaps that wasn’t the question’: Taoiseach may have misunderstood homelessness question >

Poll: Should landlords be able to move tenants out to carry out renovations? >

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    Mute Hilary McDuffy
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    Apr 24th 2013, 7:31 PM

    The RTE click at it again,

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    Mute Eamonn Bolger
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    Apr 24th 2013, 7:36 PM

    Yep

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    Mute Gerri McCaffery
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    Apr 27th 2013, 12:24 AM

    Why do you say that Hillary? The guy taking over from him is an outsider, so is the new Head of News.

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    Mute Paul Dempsey
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    Apr 24th 2013, 10:37 PM

    So basically the headline here could’ve read: “Man moves desk.”

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    Mute Marko Burns
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    Apr 24th 2013, 8:14 PM

    They should just close it down and save a fortune. Would anyone actually notice anyway?

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    Mute Irish Red
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    Apr 24th 2013, 9:39 PM

    Nope

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    Mute Eamonn Bolger
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    Apr 24th 2013, 10:07 PM

    @Marko – no…..only their paymasters.

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    Mute Peter Daly
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    Apr 24th 2013, 8:24 PM

    Typical RTE Club.
    Merry go round Jobs for the Boys.
    No imagination and costing us a fortune .

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    Mute Stephen murphy
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    Apr 24th 2013, 8:26 PM

    Was the job advertised?

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    Mute Little Jim
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    Apr 24th 2013, 10:54 PM

    I think they asked Bill but he’s busy with some film thing.
    That’s advertising, right???

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    Mute Clodagh O'Donovan
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    Apr 25th 2013, 12:32 AM

    It was actually. I spotted it on their website a while back.

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    Mute Fussy Galore
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    Apr 24th 2013, 10:30 PM

    John McMahon resigns today and the radio listenership figures are released tomorrow. I presume that 2FM didn’t perform well in the listenership figures. Only in RTE could a person do a bad job and get moved to another area. No doubt, John McMahon is earning the same wage in his new job !

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    Mute Michael Lee
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    Apr 24th 2013, 9:38 PM

    I’d like to see Aidan Leonard take on the new role as head of 2 FM & run it along the lines of Smooth Radio/Capital Gold in the UK. Those two stations are proving to be Very Successful Operations in the UK Broadcasting Market. The current problem with Irish Independent Radio with the exception of Classic Hits 4 FM, Sunshine 106.8 FM is that, they all sound exactly the same.
    Bland, Formatted & Boring. So hopefully, the Power’s that be in RTE will Completely Overhaul & Re-Imagize 2 FM for the sanity of the Irish Listening Radio Public.

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    Mute Marko Burns
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    Apr 24th 2013, 9:44 PM

    Hey I’d love to see it as an Irish 6music but that is very bloody unlikely given RTE are still swamped in Smashy and Nicey’s….We’re still waiting for that Radio1 cull of dead wood they had in the 80s, over here.

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    Mute Gerri McCaffery
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    Apr 27th 2013, 12:27 AM

    Re-imagize? Is that English?

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    Mute David Corrigan
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    Apr 25th 2013, 12:12 AM

    There’s a 2fm?

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    Mute Keith Flood
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    Apr 24th 2013, 8:52 PM

    6 comments = shit news

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