Threshold guide to minimum standards July 2017
What are the minimum standards?
Landlords are required, by law to ensure the property they rent out to tenants meets basic minimum standards and that they carry out repairs for which they are responsible.
As a tenant you should report any problems immediately and arrange access with your landlord or their authorised agent to carry out repairs.
Improved Standards
From 1st July 2017 the Housing (Standards for Rented Houses) Regulations 2017 replaces the previous minimum standards for rental accommodation.
The new measures include:
- Windows with an opening section through which a person may fall, and the bottom of the opening section is more than 1400mm above external ground level, to have suitable safety restrictors be fitted.
- Where necessary, adequate provision shall be made to prevent harbourage or ingress of pests or vermin.
- All habitable rooms, and any bathroom shall contain a permanently fixed heat emitter, heat distribution system, or heat producing appliance, capable of providing effective heating. Where required there will be adequate facilities for the safe and effective removal of fumes. The heating will be controlled by the tenant.
- Each house shall contain, where necessary, suitably located devices for the detection and alarm of carbon monoxide.
- Suitable self-contained fire detection and alarm systems must be provided and required to be maintained in accordance with the standards produced by the National Standards Authority of Ireland.
- Installations for the supply of oil have been added to those of gas and electricity and the pipework, storage facilities and electrical distribution boxes shall be maintained in good repair and safe working order.
- Sufficient information shall be provided to the tenant about the rented property, the fixed building services, appliances and their routine maintenance requirements so that the occupant can operate them correctly.
How soon must the landlord carry out repairs?
While the Regulations do not specify timeframes within which a landlord must carry out necessary repairs and maintenance to a rented property, Threshold suggests the following:
Emergency:Should be carried out immediately as there is a danger to human life. Examples of emergency repairs are: faulty electricity supply or wiring, flooding in the property due to faulty plumbing, tiles falling off the roof.
Suggested timeframe for the carrying out of emergency repairs:Emergency repairs should be dealt with immediately.
Urgent:These are repairs that need to be carried out quickly to allow the tenant to enjoy their tenancy and to avoid damage to the house. Examples of urgent repairs are: broken fridge, cooker or shower; heating system not working (particularly in winter), build-up of mould.
Suggested timeframe for urgent repairs:3-5 days.
Routine:These are medium priority repairs, which do not have significant effect on the day to day enjoyment of the tenancy by the tenant. Examples of routine repairs are: condensation due to insufficient ventilation, furniture needs to be repaired or replaced.
Suggested timeframe for routine repairs:14 days.
What happens if a property is below standard?
If you believe that the property you are renting is below standard you should firstly report this to your landlord or agent. If needed Threshold can try contacting your landlord or agent to try to resolve the matter informally.
If nothing is being done you can report this for free to your local authority. It is the responsibility of local authorities to inspect private rented properties and enforce the regulations.
Where a property is found to be below standard, the local authority can issue an Improvement Notice which will set out the works a landlord must carry out, within a specific timeframe, to ensure the property meets the standards.
Where an Improvement Notice is not complied with, the local authority can issue a Prohibition Notice, which will prevent a landlord from re-letting or selling the property until it meets the standards.
Failure to comply with an Improvement Notice or a Prohibition Notice is also an offence. The landlord can be fined up to €5,000 and €400 for each day of a continuing offence and/or imprisoned for up to 6 months.
Can I withhold the rent if he property is below standard?
If your property is below standard and/or your landlord/agent is not addressing the repairs you cannot withhold the rent-this is a breach of your obligations to pay the rent when due and will put your tenancy at risk as you will be in rent arrears and the landlord may take steps to end your tenancy.
Can I get the repairs done and deduct the costs from the rent?
If you have reported a minimum standard problem and the repair is one for which your landlord is responsible then, if the landlord is not responding, you may be able to get the issue addressed and your landlord will have to reimburse you for any costs incurred. You should keep receipts.
Unless otherwise agreed between you and the landlord you cannot decide to make deductions from the rent to cover any costs incurred by you.
If you need further help please contact your nearest advice centre in Cork, Dublin or Galway by phoning freephone 1800 454 454.