The Residential Tenancies Acts 2004 to 2026 (RTA) regulate the landlord-tenant relationship in the rented residential sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Sections 19A, 20A and 22A of the RTA provide for the setting of rents and rent reviews in Approved Housing Body (AHB) tenancies. Section 19A provides for the setting of rent in AHB tenancies; section 20A provides for reviews of rent in AHB tenancies; and section 22A provides for the notification of a change in the amount of rent following a review under section 20A.
The Memorandum on the Capital Funding Schemes for Approved Housing Bodies (Memorandum: VHU: 2/02 May, 2002) sets out general conditions that apply to Approved Housing Bodies (AHBs) when they seek funding under capital schemes for the provision of housing. Part 9 of the Memorandum covers terms and conditions for the management, letting policies, rents and maintenance of dwellings provided under CAS. Section 9.6 sets out the parameters under which rent for the CAS housing units should be set. It states "AHBs should fix rents for the units provided at levels which are reasonable having regard to tenants’ incomes and the outlay of the AHB on the accommodation including the on-going costs of management. It should be a condition of advancing a loan under the CAS that the housing authority has clear rights of consultation in relation to the fixing of rents generally". Such a rent is referred to as an 'economic rent', which is not a market rent or a differential rent.
An AHB tenant may refer a dispute regarding the setting or review of rent to the RTB for resolution under Part 6 of the RTA.