Residential Tenancies (Amendment) Act 2015 and the Impact on Housing Associations What is the Residential Tenancies register each of their tenancies with the RTB, (Amendment) Act 2015? at a reduced fee for this period only. This The Residential Tenancies (Amendment) Act allows housing associations and their tenants 2015 amends the 2004 Residential Tenancies access to the dispute resolution services, such Act and brings tenancies of the non-profit as mediation and adjudication, which were housing association sector the remit of previously only open to private sector the Residential Tenancies Board for the first tenancies. time. What are the benefits of the RTB for The Act was published in July 2012 and signed housing association landlords and into law by the President in December their tenants? 2015.The Private Residential Tenancies Board Non-profit Housing Tenants associations was initially formed for the private rented sector in 2004 to provide a system of -Provides a modern -Aligns the rights obligatory tenancy registration as well as legislative basis for of non-profit independent dispute resolution for tenants or Housing association housing landlords in the private rented sector. tenancies association -Access to tenants and The move to bring all tenancies in the independent dispute private tenants housing association sector under the resolution services -Access to remit of the Residential Tenancies Board (RTB) (as well as an independent (as it is now known from 7th April 2016) is part Associations’ own dispute of a wider move by the Department of procedures) resolution Housing, Planning and Local Government -Reduces necessity of services and free around the regulation of the sector. The substantial legal costs mediation previous government announced the intention relating to Court services to include local authority tenancies under the proceedings -Greater remit of the RTB in the future, although there -Amendments aimed transparency in is no timescale for this yet and the intention of specifically at the sector the new government is as yet unknown. sector Does the 2015 Act apply to Hostels / What does this mean for the non-profit Refuges? housing association sector? Hostels and Refuges commonly operate under On 7th April 2016 the sections of the Act license-type agreements so these do not come relevant to housing associations commenced, under the RTB remit. Housing associations meaning associations have 12 months to
Residential Tenancies (Amendment) Act 2015 and the Impact on Housing Associations What is the Residential Tenancies (Amendment) Act 2015? The Residential Tenancies (Amendment) Act 2015 amends the 2004 Residential Tenancies Act and brings tenancies of the non-profit housing association sector the remit of the Residential Tenancies Board for the first time. The Act was published in July 2012 and signed into law by the President in December 2015.The Private Residential Tenancies Board was initially formed for the private rented sector in 2004 to provide a system of obligatory tenancy registration as well as independent dispute resolution for tenants or landlords in the private rented sector. The move to bring all tenancies in the housing association sector under the remit of the Residential Tenancies Board (RTB) (as it is now known from 7th April 2016) is part of a wider move by the Department of Housing, Planning and Local Government around the regulation of the sector. The previous government announced the intention to include local authority tenancies under the remit of the RTB in the future, although there is no timescale for this yet and the intention of the new government is as yet unknown. What does this mean for the non-profit housing association sector? On 7th April 2016 the sections of the Act relevant to housing associations commenced, meaning associations have 12 months to register each of their tenancies with the RTB, at a reduced fee for this period only. This allows housing associations and their tenants access to the dispute resolution services, such as mediation and adjudication, which were previously only open to private sector tenancies. What are the benefits of the RTB for housing association landlords and their tenants? Non-profit Housing associations Tenants -Provides a modern legislative basis for Housing association tenancies -Access to independent dispute resolution services (as well as an Associations’ own procedures) -Reduces necessity of substantial legal costs relating to Court proceedings -Amendments aimed specifically at the sector -Aligns the rights of non-profit housing association tenants and private tenants -Access to independent dispute resolution services and free mediation services -Greater transparency in sector Does the 2015 Act apply to Hostels / Refuges? Hostels and Refuges commonly operate under license-type agreements so these do not come under the RTB remit. Housing associations
rta_faq_10_05_16.docx