Are you one of the many people who have moved or are considering moving across the border? If so you will be acutely aware of the problems associated with living and working in different jurisdictions. For many people in this situation the lack of accurate and up to date information relating to taxation, housing, health or social welfare only complicates matters.
This website is a portal for advice and information and seeks to inform you about the relevant financial, legal and welfare aspects of living on the island of Ireland, both north and south of the border.
The following paragraphs provide a brief description of the type of tenancies available north and south of the border if you are considering applying for accommodation
Tenancies in the South
There are different types of tenancies in Ireland. The most common are
- Periodic tenancies and
- Fixed-term tenancies.
Periodic tenancy
A periodic tenancy does not have a fixed period of time. The length of the tenancy may be weekly or monthly . These type of tenancies usually are informal oral agreements but sometimes they can be in writing.
Fixed-term tenancies
A fixed-term tenancy is an agreement that covers a specific amount of time. It is generally set down in writing and is called a lease. A lease can be for any period, but can range from as little as six months up to a year or more. The lease will set out the terms and conditions of the tenancy i.e. how much rent, when it is due, who pays for repairs and notice etc. You should not sign a tenancy agreement unless you are clear about what is expected. It is a legally binding contract containing important information on the terms of your tenancy. (In particular, it should contain information on what will happen if either of you break the terms of the agreement.)
If the yearly rent on the lease for residential accommodation is over €30,000, the tenant is responsible for stamp duty on the annual rent. It is your responsibility as a tenant to pay this, and it should be paid to The Revenue Commissioners.
Since the introduction of the Residential Tenancies Act 2004 tenants have much more security than before. A tenant has the right to stay in rented accommodation for the remainder of a four-year period, following an initial six-month probationary period. This type of tenancy is known as a Part 4 tenancy.
Part 4 tenancies
Under Part 4 of the Residential Tenancies Act 2004, if you have been renting for at least 6 months and have been given no written notice of termination, you automatically acquire security of tenure in 4 year cycles. Any tenancy therefore, that has lasted more than six months is a Part 4 tenancy or a further Part 4 tenancy. After four years of your tenancy has passed, a new tenancy starts. The same four-year cycle can begin again leading to a further Part 4 tenancy.
Tenancies in the North
There are different types of tenancy agreements. Some will provide the tenant with more rights than others, and most people will have one of three types:
Assured Shorthold Tenancy (AST)
This is one of the most common tenancies in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies.
However, it is important to know that if you are not an Assured or an Assured Shorthold Tenant as your rights may be different.
You should check to see how your circumstances will define your tenancy agreement.
Assured tenancy
This kind of tenancy agreement is usually issued by a housing trust or housing association. They offer security as long as you do not break the terms of the lease you may continue to live in the property.