Chapter 1 of 10 · Starting a tenancy · 6 of 9
Tenancy agreements in Ireland: what must be in one
What a lease must contain, what it cannot take away, fixed-term versus periodic, and the clauses to question before you sign.
Checked 27 OCT 2026 · 4 sourcesWritten in plain English for the person paying the rent. This guide covers the Republic of Ireland only.
A tenancy agreement in Ireland is a contract, but it is a contract with the Residential Tenancies Act written into it. Section 12 and section 16 of the Act set the landlord's and the tenant's obligations in every tenancy, whether or not the lease mentions them. Section 54 says a lease cannot take away your Part 4 security of tenure. A clause that tries to do either has no effect.
That means the question before you sign is not whether the lease protects you, because the Act does that. The question is whether the lease records the deal accurately and whether any clause asks for more than the law allows. This guide gives a plain-English checklist of what should be in the agreement and the clauses to question. It is not a template, and it is not the RTB's sample lease. Run the move-in checklist alongside it.
This guide covers the Republic of Ireland only.
What the Act puts into every agreement
Whatever the paper says, the landlord must register the tenancy with the RTB, allow you peaceful and exclusive occupation, and carry out repairs. The landlord must keep the home to the 2019 minimum standards, insure the building and return the deposit promptly. They must give you their contact details and a rent book or equivalent. Since 1 March 2026 the landlord must also give you a rent-setting statement at the start of a new tenancy, with the previous rent, when it was set and three comparables.
You, in turn, must pay the rent on time, keep the home in good order allowing for wear and tear, and not cause damage. You must not behave anti-socially, must not sublet or assign without consent, and must let the landlord know of repairs that are needed. Since 1 March 2026 you must also allow agreed viewings at reasonable intervals where the landlord is selling and the sale is meant to complete within nine months.
Neither list can be shortened by a lease. A lease can add to the tenant's obligations, within reason, but it cannot take the landlord's away.
What a lease cannot take away
| The lease says | The law says |
|---|---|
| No Part 4 rights, or you waive security of tenure | Section 54: the tenancy cannot contract out of Part 4. After six months you have it. |
| A deposit of two months, or six weeks | Capped at one month's rent since 9 August 2021. Advance rent is capped at one month too. |
| Rent may be reviewed every six months, or at the landlord's discretion | Once in any 12 months, by no more than 2% or CPI, whichever is lower, on 90 days' notice. |
| The tenant waives the right to refer a dispute to the RTB | The RTB's jurisdiction cannot be excluded by agreement. |
| The landlord may enter at any time to inspect | Entry only by arrangement, except in an emergency. |
| The tenancy ends automatically at the end of the fixed term | A tenancy ends only by a valid notice of termination or your own choice to leave. |
| The tenant pays for all repairs | The landlord must repair under s.12; you pay for damage you cause beyond wear and tear. |
If you have already signed a lease with one of these clauses, you have not lost the right. The clause is simply unenforceable. Keep paying the rent and keep the lease; if the landlord tries to rely on the clause, that is a matter for the RTB.
Fixed-term or periodic
A fixed-term lease runs for a set period, often a year. A periodic tenancy runs week to week or month to month with no end date. Both carry Part 4 rights after six months, both carry the rent cap and the deposit cap, and both end only by a valid notice.
The difference is in leaving early. In a fixed term you may be liable for rent until the landlord re-lets or the term ends, unless the lease has a break clause or you assign the tenancy with consent. Section 186 lets you leave a fixed term if the landlord refuses consent to an assignment. At the end of a fixed term the tenancy continues as a Part 4 tenancy unless a valid notice has been served. Fixed-term versus periodic tenancies and breaking a fixed-term lease go through the choices.
The checklist of clauses
A fair written agreement records the following. Tick each one off before you sign.
- The address of the dwelling, and which parts are yours alone and which are shared.
- The landlord's full name and an address for service, and the agent's details if there is one.
- Your name and the names of everyone who will be a tenant. Each named tenant is usually jointly liable for the whole rent.
- The start date, and whether the term is fixed or periodic. If fixed, the end date and any break clause.
- The rent, the date it is due, how it is paid, and what it includes. Bills and bin charges should be listed as in or out.
- The deposit, which cannot exceed one month's rent, and how it was paid.
- Any advance rent, which also cannot exceed one month.
- An inventory of furniture and appliances, signed by both sides, with photographs dated on the day you move in.
- Who pays for which utilities, and the meter readings on the first day.
- The rules on pets, smoking, guests and subletting. A lease may forbid pets; read renting with pets.
- How the landlord will arrange access for repairs and inspections, which must be by agreement.
- A statement that the Residential Tenancies Act applies, and that the landlord will register the tenancy with the RTB.
Most of these are facts rather than terms. The lease is your record that the facts were agreed, and that record is what the RTB will read if there is ever a dispute about the deposit or the rent.
The clauses to question
A few clauses appear in leases again and again and deserve a question before you sign. A "professional cleaning" clause that requires you to pay a cleaning company at the end is not something the Act supports. You must return the home as clean as you found it, allowing for wear and tear, and no more. A penalty for late rent that is out of proportion to the landlord's loss may not be enforceable. A clause that lets the landlord keep the deposit if you leave a fixed term early is not a lawful deduction. Deductions must be for arrears, unpaid bills or damage.
A clause requiring you to give more notice than the Act requires can bind you in a fixed term, so read it. A clause requiring the landlord to give less notice than the Act requires has no effect. A clause that bars you from registering to vote, from claiming the rent tax credit or from receiving HAP should be struck out. Refusing a tenant because of HAP is unlawful under the Equal Status Acts.
If a clause worries you, ask in writing for it to be changed and keep the reply. Threshold, on 1800 454 454 from 9am to 9pm Monday to Friday, will read a lease with you before you sign and the service is free.
Signing, copies and what to keep
Sign only once the inventory and the meter readings are agreed and the deposit receipt is in your hand. Ask for a copy signed by the landlord and keep it with the receipt, the inventory, the photographs and the rent-setting statement. Put the start date, the rent and the deposit into your tenancy file; the dates in that file drive the notice periods and the rent review dates for the rest of the tenancy.
Within a month the tenancy should appear on the RTB's public register. RTB registration for tenants explains how to check and what to do if it does not appear.
A rent agreement as proof for Irish citizenship
Some searches ask for a "rent agreement for Irish citizenship". A citizenship application asks you to show that you have lived in the State for the required period, and a tenancy agreement is one of the documents people submit. On its own it is weak evidence, because it shows what was agreed on one day rather than where you lived for years. An RTB registration confirmation in your name, rent payments in your bank statements, and bills at the address carry more weight. StampWise, the family site on immigration, sets out what an application accepts; the link is below.
Where this leaves you
A lease records the deal; the Act sets the rules. The Act's obligations on both sides are in every tenancy, a lease cannot remove your Part 4 rights, and the one-month caps on the deposit and advance rent apply whatever the paper says. Check the agreement against the list above, question any clause that asks for more than the law allows, and sign only with the inventory and the receipt in hand. If a clause looks wrong, ring Threshold on 1800 454 454 before you sign rather than after. The moving-in journey takes the first weeks in order.
Questions people ask
Does a tenancy agreement have to be in writing in Ireland?
No. A tenancy exists once you pay rent to live in a dwelling the landlord does not share with you, whether the agreement was written or spoken. A written agreement is strongly worth having because it records the rent, the deposit, the start date and what was agreed. The Act applies either way.
Is there an RTB lease agreement template?
The RTB publishes a sample lease on its site, and some landlords and agents use their own. This guide does not reproduce the RTB's document. Whatever template is used, the Act's terms are read into it and any clause that cuts across them has no effect.
Can a lease say I have no Part 4 rights?
No. Section 54 of the Act says a tenancy cannot contract out of Part 4, so a clause saying you waive security of tenure has no effect. After six continuous months you have a Part 4 tenancy whatever the lease says. A fixed term of under six months does not avoid this either.
Can I use a rent agreement as proof of residence for Irish citizenship?
A tenancy agreement on its own is weak evidence because it shows what was agreed, not that you lived there. An RTB registration confirmation, rent payments in your bank statements and utility bills in your name carry more weight. StampWise sets out what an immigration application accepts.
What should I do if the lease has a clause I do not like?
Ask for it to be removed or changed before you sign, in writing. A landlord who will not change a clause that breaches the Act cannot enforce it anyway, but it is far easier not to sign it. Threshold on 1800 454 454 will read a lease with you for free.
On the sister sites
A registered tenancy as proof of residence for citizenship · StampWise