Landlord won't do repairs in Ireland: tenant's rights and steps
Damp walls, a broken boiler, faulty wiring or a leaking roof are among the most common problems tenants in Ireland face. Section 12 of the Residential Tenancies Act 2004 makes the landlord responsible for repairs to the structure of the dwelling and for keeping the interior and fittings at least in the condition they were in at the start of the tenancy. The landlord must also comply with the minimum standards for rented houses made under section 18 of the Housing (Miscellaneous Provisions) Act 1992, currently the Housing (Standards for Rented Houses) Regulations 2019, which cover structural condition, damp, heating, ventilation, sanitary facilities, cooking and laundry, lighting, fire safety, refuse and gas, oil and electrical installations.
The tenant has duties too: to report defects promptly, to allow reasonable access for repairs, and not to cause damage beyond normal wear and tear. Repairs needed because of the tenant's own damage are the tenant's responsibility.
This guide explains how to report a problem so that it counts, what to do if the landlord ignores it, when you can carry out an urgent repair and recover the cost, how the local authority can inspect and serve an improvement notice, and how to bring a dispute to the Residential Tenancies Board (RTB). It also explains why withholding rent is almost always a mistake.
Key facts
Deadline
The landlord must carry out repairs within a reasonable time after being notified, which depends on urgency; a tenant who decides to leave because of the landlord's failure can, after giving written notice of the problem and a reasonable time to fix it, end the tenancy with 28 days' notice (7 days for imminent danger) under section 68.
What to do
- Report the defect in writing. Section 16(d) requires the tenant to notify the landlord or agent of any defect needing repair, and the landlord's duty to act is judged from the date of notification. Send an email or letter (and keep a copy) describing the problem, when it started, its effect on you, and the access arrangements you can offer. Attach dated photographs or a short video. For an emergency, such as no heating in winter, a gas smell, a serious leak or exposed wiring, phone first and follow up in writing the same day. For a gas leak call Gas Networks Ireland's emergency line and leave the property if necessary.
- Allow reasonable access and keep a record. Under section 16(e) you must allow the landlord and contractors reasonable access to carry out works for which the landlord is responsible; refusing access can defeat your complaint and is itself a breach. Agree dates and times in writing. Keep a diary of every call, visit and missed appointment, the temperature and humidity readings if damp or heating is the issue, and receipts for any extra costs, such as heaters or dehumidifiers, hotel nights or damaged belongings. This evidence will support a later claim for damages.
- Identify which standard has been breached. Compare the problem with section 12(1)(b) (structure, interior and fittings) and the 2019 Standards Regulations. They require, among other things, a structure in proper repair and free from damp, a permanently fixed heating appliance in each habitable room and bathroom that the tenant can control, adequate ventilation and natural light, a four-ring hob with oven and grill, fridge-freezer, microwave and washing machine (or access to communal laundry), safe gas, oil and electrical installations, a carbon monoxide alarm where needed, a fire detection and alarm system and a fire blanket, and pest-proof refuse storage. A breach of the standards is both an RTB matter and a matter for the local authority.
- Send a formal final notice. If nothing happens within a reasonable time, write again stating that the landlord is in breach of section 12 and the standards, giving a specific deadline (for example 14 days for a non-urgent repair, a few days for heating or water) and saying what you will do next: ask the local authority to inspect and refer a dispute to the RTB. This letter is also the written notification required by section 68(3) if you later want to end the tenancy early because of the landlord's default, and it shows that you gave the landlord a fair chance.
- Ask the local authority to inspect. Every city and county council has a private rented inspection service. You can request an inspection by phone or online; you do not need the landlord's agreement. If the inspector finds a breach of the standards, the council can serve an improvement notice under section 18A of the 1992 Act directing the landlord to fix it within a set period, and, if that is not complied with, a prohibition notice under section 18B preventing the landlord from re-letting the dwelling until it is fixed. Failure to comply is an offence. The council sends you a copy of the improvement notice.
- Refer a dispute to the RTB. Section 78(1)(e) allows a tenant to refer to the RTB an alleged failure by the landlord to comply with obligations, including repairs and standards. Apply online (the fee is currently €15 online or €25 on paper; check the current figure). The adjudicator can direct the landlord to carry out works, award damages for the period you lived with the defect and for damaged belongings (up to €20,000 in total), and an adjudicator or the RTB may enter and inspect the dwelling, on 24 hours' notice if needed (section 111). Bring photographs, your correspondence, the diary, any council inspection report and expert reports.
- Carry out an urgent repair only within section 12(1)(g). If the landlord refuses or fails to repair when asked (or cannot be contacted after all reasonable attempts) and postponement would be unreasonable because of a significant risk to health or safety or a significant reduction in the quality of your living environment, you may arrange the repair yourself and the landlord must reimburse reasonable and vouched expenses. Use a qualified tradesperson (a registered gas installer or electrician where relevant), get a quote and an invoice, and tell the landlord in writing before and after. If the landlord still refuses to pay, claim the cost through the RTB.
- Do not withhold rent; know your exit options. Rent is payable in full while a dispute is ongoing (section 86), and arrears give the landlord a ground to end the tenancy with 28 days' notice. If the dwelling has become unliveable or the landlord will not act, section 68 lets you terminate after written notification and a reasonable time to remedy, with 28 days' notice, or 7 days where the landlord's behaviour poses an imminent danger of death, serious injury or danger to the fabric of the dwelling. If the landlord responds to your complaint with a notice of termination or a rent increase, that may be penalisation, prohibited by section 14.
What to watch out for
- Reporting by phone only. Without written notice dated and sent to the right person, the landlord can deny knowing about the problem, and your later claims for damages and for early termination under section 68 are harder to prove.
- Withholding rent. Tenants who stop paying to force repairs often lose their tenancy for arrears; rent remains payable while an RTB dispute is ongoing, whatever the condition of the dwelling.
- Doing major works without the conditions in section 12(1)(g). Non-urgent improvements or repairs done without asking the landlord first will generally not be reimbursed, and unauthorised alterations may breach the lease.
- Ignoring damp you contribute to. Inadequate heating or ventilation by occupants can be argued as a cause of condensation; keep evidence that you used the heating and ventilation provided.
- Refusing access for repairs. A tenant who blocks agreed access cannot complain of the delay, and the landlord may treat it as a breach of section 16.
- Fearing retaliation and staying silent. Penalising a tenant for complaining to the RTB, the council or the Gardaí is prohibited by section 14 and can result in damages.
Legal basis
Related court decisions
Frequently asked questions
How long does a landlord have to do repairs in Ireland?
The Act requires repairs within a reasonable time after the landlord is notified, judged by urgency. Loss of heating or hot water, unsafe wiring or a gas fault should be dealt with within days; non-urgent repairs within a few weeks. If the delay is unreasonable, refer a dispute to the RTB and ask the council to inspect.
Can I stop paying rent until repairs are done?
No. Rent remains payable even during an RTB dispute, and arrears give the landlord a ground to end the tenancy with 28 days' notice. Use the RTB, the local authority inspection service and, for urgent repairs, the reimbursement route in section 12(1)(g) instead.
Who is responsible for mould and damp?
Structural damp, leaks and inadequate ventilation are the landlord's responsibility under section 12 and the 2019 Standards Regulations. Condensation caused by the occupants' lifestyle can be the tenant's responsibility. An inspection by the council or an independent surveyor often settles which applies.
How do I get the council to inspect my rented home?
Contact the private rented housing standards or inspections section of your city or county council and ask for an inspection. Give the address, the landlord's details if you have them and the problems. If a breach is found, the council can serve an improvement notice and, if ignored, a prohibition notice on the landlord.
Can I fix it myself and deduct the cost from the rent?
Not by deduction. Section 12(1)(g) lets you recover reasonable, vouched costs of an urgent repair the landlord refused or failed to do, but you should invoice the landlord and, if unpaid, claim through the RTB rather than deduct from rent.
Can my landlord evict me for complaining about repairs?
Penalising a tenant for referring a dispute to the RTB or complaining to a public authority, such as the council, is prohibited by section 14. A notice of termination served soon after a complaint will be closely examined, and the RTB can award damages for penalisation.
What appliances must a landlord provide?
Under regulation 7 of the 2019 Standards Regulations, the dwelling must have a four-ring hob with oven and grill, a cooker hood or extractor fan, a fridge and freezer, a microwave, a sink with hot and cold water, food storage presses and a washing machine (or communal laundry), plus a dryer where there is no private garden or yard. Housing authority, approved housing body and long-lease lettings are exempt.
Can I leave early if the landlord won't do repairs?
Yes, under section 68, after notifying the landlord in writing and allowing a reasonable time to fix the problem, you can end the tenancy with 28 days' notice regardless of its length, or 7 days if the landlord's behaviour poses an imminent danger. You can also claim damages through the RTB.
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