Tenants warned on unruly behaviour

Some 40 cases of anti-social behaviour by tenants of privately-let houses and flats were reported to the new Private Residential Tenancies Board last year, its first year of operation.

There were 899 disputes lodged with the board, most of which centred on refusal to quit, rent arrears and breaches of tenant obligations.

The tenancies board, established in September 2004, provides a dispute resolution service for landlords and tenants. It is responsible for tenancy registration and all landlords must register new tenancies with the board.

Landlords face penalties for failing to register on a national database compiled by the board, with any who refuses to register facing penalties of up to €3,000 and/or a prison sentence of up to six months.

The number of tenants who were reported to the board for anti-social behaviour has prompted a warning to prospective tenants from the Institute of Professional Auctioneers and Valuers.

"In the current era of regular binge drinking and general anti-social behaviour, tenants should be aware of the new legislation and how such behaviour could cause them to be evicted from their homes," said Fintan McNamara, institute chief executive.

"The type of behaviour we're talking about is being very inconsiderate of neighbours, playing music loudly until all hours and refusing to stop despite repeated entreaties to desist."

Mr McNamara, who sits on the board, said it was also worth noting the board's statistics indicated that in most instances of anti-social behaviour, the landlord was deemed justified in withholding most if not all of each of the tenants' deposits.

"In a number of instances it was determined that the amount of the damage done to the property way exceeded the amount of the deposit. In these cases landlords were at a serious financial loss," said Mr McNamara.

There had been instances where tenants had parties resulting in fights, which often resulted in damage to property.

"There is a tendency among an increasing proportion of people to socialise at home. There have been fights late at night, smashed furniture and fires in gardens, all of which cause stress and anxiety for neighbours and landlords."

In one case that came to the board's attention the landlord was awarded €30,000 for property damage and rent arrears.

Complaints or disputes can be referred to the board by the landlord - only if the tenancy is registered with the board - by a tenant, a sub-tenant or an interested third party such as a neighbour. Failure to comply with a direction of the board is an offence and can be referred to the Circuit Court. Any landlord should draw up an inventory of contents and agree this with the tenant before any letting, stressed Mr McNamara.

"This is almost more important now than the traditional letting agreement."

Behaviour in the past that has resulted in eviction or awards by the board to landlords includes: loud music until 4am; loud parties, some of which have resulted in damaged property or fights on the property; damage to property including ripped-out fireplaces, smashed doors, carpets destroyed by small fires; fires in the garden and non-payment of rent.