Security Deposits For Residential Tenancies: A Short Guide To

A Short Guide to
Security Deposits for

Residential Tenancies
Residential Tenancies Board | A Short Guide to Security Deposits for Residential Tenancies
What is the Residential Tenancies Board?

The Residential Tenancies Board (RTB) is a public body set up to support
and develop a well-functioning rental housing sector. Our remit extends
to both the Approved Housing Body sector and the private rental sector.
Our role is to regulate the rental sector, provide information to inform
policy, maintain a national register of tenancies; resolve disputes between
landlords and tenants and provide information to the public.
What do we do?
INFORMATION, RESEARCH AND EDUCATION
We provide high-quality information and assistance to the public, tenants
and landlords on their rights and responsibilities, in terms both of living
and providing accommodation in the rental sector. We also provide
accurate and authoritative data on the rental sector, such as the Rent
Index, which allows us to monitor trends in the rental sector, but also
allows individuals to check and compare rents in particular locations.
REGISTRATIONS
All private residential landlords and Approved Housing Bodies, who are
not-for-profit housing providers, often referred to as Housing Associations,
must register their tenancies. A public register of tenancies is available on
our website. The registration of tenancies enables us to collect important
data on the sector. It is also a key part of regulating and supporting the
sector and ensuring that landlords and tenants are aware of their rights
and responsibilities.
DISPUTE RESOLUTION
Since 2004, we have replaced the courts in dealing with the majority of
disputes between landlords and tenants through our Dispute Resolution
Service. This service offers a choice of resolution types to parties
mediation or adjudication.
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What is a security deposit?

A security deposit is a sum of money that is paid by a person to the
landlord before a tenancy commences. This deposit is held by the landlord
and is returned at the end of the tenancy to the tenant, once no violations
of the agreement have occurred.
How much is a deposit?

There are no legal guidelines as to how much of a deposit a landlord may
request, however the normal practice is that one months rent is paid as a
security deposit.
When should a security deposit be paid?

A tenant will normally pay a deposit as part of agreeing to rent a property.
It is recommended that a person only pays a deposit when they are happy
with the property and the terms and conditions of the letting and are clear
on everyones rights and responsibilities. It is recommended that a tenant
should avoid paying a deposit in cash and always get a receipt.
Who holds the security deposit?

At the outset of the tenancy it should be clear who is holding the security
deposit and who will be responsible to return it at the end of the tenancy.
Contact details of the person or agent retaining the deposit should also be
obtained at the outset of the tenancy.
In a situation where an agent is leasing the property on behalf of the
landlord, the deposit is normally handed over to the agent. This deposit is
paid over to the landlord by the agent once the tenancy commences.
3
When should I expect my deposit to

be returned?
A security deposit should be returned once the tenancy ends and the lease
agreement has been honoured. The deposit does not have to be returned
to the tenant on the day they leave the accommodation. The landlord must
return the deposit promptly, however this is not defined. It should allow
enough time for inspections, and any repairs/cleaning to be carried out.
Reasons why a security deposit may

be withheld
By law, a deposit is considered the tenants but the landlord can establish
a right to keep the deposit in certain circumstances.
Rent Arrears
If at the end of the tenancy, there is rent outstanding, the landlord may
legitimately retain part or all of the deposit to cover the arrears.
Damage to the property above normal wear and tear
Deductions may be made or the deposit retained in full, if there has
been damage above normal wear and tear to the property.
Examples of these damages could be;
A broken window.
Holes in the wall.
Leaving litter or personal items in the property.
Leaving the property in a unhygienic or unsafe condition.
Not returning the property in a clean manner.
Items broken or missing from the inventory.
4
Utility bills and other charges

If the tenant owes money for utility bills, such as gas or electricity, and
the utility bill is in the landlords name, the landlord may withhold part
or all of the deposit to cover these costs.
The tenant should always retain a copy of the bills to ensure that
payment is applicable to what is being owed.
Notice of termination
If a tenant provides insufficient notice of their termination of the
tenancy, or they terminate a fixed term tenancy before the end of
the agreed term.
Can a landlord keep a security deposit to

pay for routine upkeep?
No, a landlord cannot keep a security deposit for normal wear and tear.
Examples of normal wear and tear could be:
a worn carpet.
chipped paint.
worn finish on wood floor.
faded paint.
worn furniture.
This means that a landlord cannot charge the tenant for routine upkeep,
such as repainting faded paint.
Checklist for the return of the security

deposit
The following checklist may be useful when returning or seeking the
return of a security deposit.
Has the correct notice of termination been provided in writing?
Has the rent been paid in full?
Have meter readings of the utilities been taken and arranged for final
payment?
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Have all belongings been removed?

Has the property been returned in a similar condition in which it was
provided apart from normal wear and tear?
Has the property been cleaned?
Has the signed-off inventory agreed at check-in been checked to
ensure that all items are present and not damaged?
Has all the rubbish been removed?
Have you taken photographs at the start and end of the tenancy?
What to do if there are disputes in relation

to the deposit?
If a tenant thinks their landlord is unfairly keeping their deposit, they
should discuss it with the landlord and try to resolve the situation.
If a tenant and landlord cannot resolve the situation an application may be
made to the Residential Tenancies Board (RTB).
The RTB offer two options for dispute resolution:
1. Mediation this is a fast and free service where an independent
mediator helps a landlord and tenant come to an agreement. Mediation
can also be done via telephone, which is a faster and more convenient
option.
2. Adjudication this involves a hearing before an independent
adjudicator, where both the landlord and tenant present their evidence
and the adjudicator makes a binding decision. The fee for adjudication
is 15 for an online application and 25 for a paper application.
If a landlord or tenant is unhappy with the outcome of either mediation
or adjudication, they can refer their case to a tenancy tribunal, who are
appointed to review the case and evidence from the beginning and make a
final decision.
The maximum amount of damages that can be awarded to either side in a
dispute is 20,000.
The RTB also has very useful guidance for landlords and tenants
in relation to their rights and obligations. These guides can be
downloaded at www.rtb.ie
6
Useful contacts / links
Residential Tenancies Board www.rtb.ie
0818 30 30 37 or 01 702 8100
Citizens information www.citizensinformation.ie
Daft.ie www.daft.ie
Threshold www.threshold.ie
Society of Chartered Surveyors Ireland www.scsi.ie
Union of Students in Ireland www.usi.ie
Disclaimer The information in this publication is intended as a general guide only.

While every effort was taken to ensure the accuracy of information contained in this
guide, the RTB, the SCSI, Threshold and the Union of Students of Ireland do not accept
any errors or omissions howsoever arising.

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A Short Guide to

Security Deposits for

What is the Residential Tenancies Board?

What is a security deposit?

How much is a deposit?

When should a security deposit be paid?

Who holds the security deposit?

When should I expect my deposit to

Reasons why a security deposit may

Utility bills and other charges

Can a landlord keep a security deposit to

Checklist for the return of the security

Have all belongings been removed?

What to do if there are disputes in relation

Disclaimer The information in this publication is intended as a general guide only.

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