A Residential Tenancies Board Tribunal has confirmed that a tenancy dating back to 1944 falls within the scope of the Residential Tenancies Act 2004, while ruling that a landlord’s attempt to increase the monthly rent from €675 to €2,000 was invalid.
A long-running tenancy dispute in Cork has resulted in a significant determination by a Residential Tenancies Board (RTB) Tribunal, which confirmed that a tenancy beginning more than 80 years ago falls within the Board’s jurisdiction.
The decision concerned a tenant who had occupied the property since 26 March 1944 and a written lease agreed in November 2006. The agreement allowed the tenant to remain in the property for her lifetime, subject to specified conditions.
The landlord disputed whether the arrangement came within the RTB’s jurisdiction. However, the Tribunal concluded that the tenancy was covered by the Residential Tenancies Act 2004, as amended.
The Tribunal also found that a rent review notice issued by the landlord in May 2021, seeking to increase the monthly rent from €675 to €2,000, was invalid because it did not comply with the statutory requirements.
Tenancy dating back to 1944
According to the Tribunal report, the tenant had lived in the Cork property throughout her lifetime. Following the death of her parents, a formal written lease was put in place between the parties on 1 November 2006.
The agreement provided for the tenancy to continue for the tenant’s lifetime, unless she permanently vacated the property or it remained vacant for more than six months.
The landlord argued that the arrangement was effectively a life interest rather than a tenancy falling under the Residential Tenancies Act.
The tenant’s legal representative challenged that interpretation, arguing that the agreement constituted a lease for a fixed term linked to the tenant’s lifetime.
The tenant’s legal team also referred to the Land and Conveyancing Law Reform Act 2009, arguing that the relevant provisions did not retrospectively affect the lease created in 2006.
Why the RTB Tribunal ruled it had jurisdiction
In its findings, the Tribunal referred to Section 3 of the Residential Tenancies Act 2004, which provides that the legislation applies to every dwelling that is the subject of a tenancy, including tenancies created before the Act was passed.
It also considered Section 5, which defines a tenancy as including both periodic tenancies and tenancies for a fixed term, whether agreed orally, in writing or implied.
The Tribunal concluded that the 2006 agreement possessed the characteristics of a lease as defined under the legislation.
It also referred to Section 26 of the Act, which protects rights that are more beneficial to a tenant than those provided under Part 4 of the legislation.
The Tribunal noted that the parties had agreed to terms that were more favourable to the tenant and that the landlord could not rely on those arrangements to argue that the tenancy fell outside the legislation.
Another factor considered was that the tenancy had previously been registered with the former Private Residential Tenancies Board (PRTB) in both 2008 and 2015.
The Tribunal therefore determined that the tenancy fell within the jurisdiction of the RTB.
Landlord’s attempt to increase rent to €2,000 rejected
The second issue concerned a rent review notice issued by the landlord on 10 May 2021.
The agreed monthly rent was €675. The landlord sent a letter stating that the rent had not been revised for many years and proposing an increase to €2,000 per month.
The letter also included comparisons with other properties to support the proposed increase.
However, the Tribunal found that the letter did not meet the prescribed requirements for a valid rent review notice under Section 22 of the Residential Tenancies Act 2004.
Under Section 22(2), a landlord cannot set a new rent unless a notice in the prescribed form is served on the tenant at least 90 days before the date on which the new rent is due to take effect. The notice must state the proposed rent and the date from which it is to apply.
The Tribunal concluded that the landlord’s letter did not satisfy those requirements.
It therefore ruled that the rent review notice was invalid.
Importantly, the Tribunal did not decide whether €2,000 represented an appropriate market rent. It stated that, because the notice was invalid, it was neither necessary nor appropriate to examine the comparable properties or determine the market-rent issue.
What the decision means for tenants and landlords
The determination highlights two important issues for people involved in residential tenancies.
First, the age or unusual terms of a tenancy agreement do not automatically place it outside the scope of the Residential Tenancies Act. The legal nature of the arrangement and the provisions of the legislation must be considered.
Second, landlords must follow the statutory requirements when reviewing rent. A letter informing a tenant of a proposed increase is not necessarily a valid rent review notice. The prescribed form, required information and notice period matter.
For tenants, the decision underlines the importance of checking the details of a rent review notice rather than assuming that a proposed increase is automatically valid.
For landlords, it demonstrates why rent reviews must be handled in accordance with the applicable legislation.
The Tribunal’s findings relate to the particular tenancy and evidence before it. They should not be interpreted as meaning that every lifetime occupation arrangement automatically qualifies as a tenancy under the Act.
Tribunal’s final determination
The Tribunal, operating under Section 108(1) of the Residential Tenancies Act 2004, made two central findings:
- It confirmed that the tenancy fell within the RTB’s jurisdiction.
- It declared the rent review notice issued on 10 May 2021 invalid.
The case was heard over two days, on 13 March and 3 July 2026, with the final hearing taking place virtually.
The determination was issued under Tribunal reference TR0001286, with the associated case reference DR0005563.
The decision provides a useful example of how the RTB assesses older tenancy arrangements and the importance of complying with the legal requirements for rent reviews.
Source: Residential Tenancies Board, Tribunal Report TR0001286.
Read the full RTB Tribunal report (PDF)
