Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Real Estate Lawyer
This guide explains the practical legal landscape for landlords and tenants in Gorey, County Wexford. Landlord and tenant matters in Gorey are governed by national Irish legislation and regulations, and are administered locally through national bodies and local authorities. The Residential Tenancies Acts and related regulations set out core rights and responsibilities for renting residential property, including how tenancies are created, how rent is set and changed, health and safety and minimum standards, how deposits are handled, and how disputes and evictions are managed. In practice, most day-to-day issues are resolved by communication between landlord and tenant, with formal dispute resolution available through the state body that oversees tenancies.
Many landlord and tenant issues can be handled without lawyers. However, there are common situations where legal advice or representation is important:
- Complex eviction or possession matters where court proceedings or formal applications are needed.
- Disputes about your rights that cannot be resolved through the state dispute process and may need a court appeal.
- Significant rent arrears claims, or when a landlord seeks possession for reasons such as sale or substantial refurbishment and the legality of the notice is disputed.
- Cases involving serious disrepair, danger to health or safety, or where the landlord refuses to comply with statutory standards.
- Disputes over deposits, inventories, or deductions where significant sums are at stake.
- Drafting or reviewing tenancy agreements, especially for landlords with multiple properties or tenants with unusual terms.
In these situations a solicitor can explain legal rights, draft and review documents, represent you at hearings, and, where appropriate, negotiate settlements.
Key legal and regulatory features that apply to rentals in Gorey include national statutes and regulations that apply across Ireland, alongside local enforcement by Wexford County Council and national tenancy bodies. Important points to know:
- Residential Tenancies Legislation: The Residential Tenancies Acts and associated regulations set out how tenancies start and end, minimum standards, notice requirements, registration, dispute resolution and remedies.
- Registration and Dispute Resolution: Landlords are required to register tenancies with the national tenancy regulator. Tenants and landlords can use the regulator's dispute resolution services for many tenancy issues before or instead of going to court.
- Minimum Standards and Safety: Properties must meet minimum standards for habitability. This typically includes structural safety, adequate heating and ventilation, functioning sanitation, and in many cases smoke and carbon monoxide alarms. Landlords are responsible for maintaining the property to meet statutory standards.
- Rent and Rent Increases: Rent can be agreed by the parties but increases must follow statutory notice procedures. Special rules apply in areas designated as rent pressure zones and other emergency measures may apply from time to time.
- Deposits: Security deposits are commonly taken at the start of a tenancy. While Ireland does not operate a single national deposit protection scheme in the same way as some other jurisdictions, proper written records, inventories and receipts are essential and disputes over deposits are handled through the national dispute process.
- Evictions and Possession: A landlord cannot lawfully remove a tenant by force or through threats. Evictions generally require a valid written notice and, where necessary, application to the relevant enforcement authority or court. Illegal eviction is a criminal offence.
- Local Enforcement: Wexford County Council enforces housing and health standards. If a property is seriously defective and causes a risk to health, the local authority can take action.
Residential tenancies in Gorey are regulated under national legislation, primarily the Residential Tenancies Acts and related regulations. The national tenancy regulator administers registration, dispute resolution and guidance. Local enforcement of housing standards is carried out by Wexford County Council. For practical help and information citizens can also contact national advice organisations and local citizens information services.
A written agreement is strongly recommended. A written tenancy agreement sets out key terms such as rent, payment dates, notice periods, responsibility for repairs and whether bills are included. Even if there is no written contract, a tenancy can still exist on verbal terms or by conduct, and the parties will still have statutory rights and obligations. Keep any written evidence of payment and any communications about the tenancy.
Notice periods depend on several factors including whether the tenancy is fixed-term or periodic, the length of the tenancy and whether the tenant or landlord is giving notice. Notices must be in writing and must comply with statutory form and content requirements. Because notice rules can be detailed and depend on the circumstances, check with the tenancy regulator or obtain legal advice to be sure your notice is valid.
No. A landlord cannot lawfully evict a tenant by changing locks, removing possessions, cutting off utilities or threats. Such conduct is likely to be illegal and may be a criminal offence. Eviction must follow the statutory process, which usually requires written notice and, if contested, an order from the tenancy regulator or the courts. If you face an immediate illegal eviction, contact local authorities and seek legal advice promptly.
First, notify the landlord in writing describing the defects and request repairs. Keep copies of all communications and take dated photos. If the landlord does not respond, you can contact Wexford County Council about health and safety concerns, and you may be able to use the national dispute resolution service. For serious hazards that affect safety, ask your local authority to inspect the property. Legal advice may be needed if the landlord refuses to carry out repairs.
Take a written receipt when you pay a deposit and complete a detailed inventory and condition report at the start of the tenancy. Keep evidence of payments and any correspondence about the property condition. If the landlord seeks to retain part or all of the deposit at the end of the tenancy, you should seek to resolve the matter directly first. If that fails, you can use the tenancy regulator's dispute resolution process to have the claim reviewed and resolved.
Landlords can increase rent but must follow statutory procedures, including providing the correct written notice and allowing the required time before the increase takes effect. In certain designated areas and under temporary measures there may be restrictions on the frequency and amount of rent increases. If you receive a rent increase notice you do not understand or think is invalid, seek advice from the tenancy regulator or a solicitor.
A sale of the property does not automatically end an existing tenancy. Tenants generally remain in place under the terms of their tenancy agreement and statutory protection, and the new owner takes the property subject to existing tenancies. If the buyer intends to occupy the property or terminate the tenancy for permissible grounds, proper written notice and procedure must be followed.
Whether you can sublet or take in a lodger depends on the terms of your tenancy agreement and the consent of your landlord. Many tenancy agreements require the landlord's written consent to subletting or additional occupants. If you sublet without permission you may be in breach of your tenancy. Check the agreement and obtain written consent where needed.
Not every dispute requires a lawyer. The national tenancy regulator offers dispute resolution services designed for tenants and landlords to use without legal representation. However, for complex disputes, contested eviction cases that proceed to court, appeals of tribunal decisions, or matters involving significant sums or serious legal points, legal advice or representation is advisable. A solicitor can prepare your case, explain options and represent you at hearings.
There are several organisations and authorities that can help people in Gorey with landlord and tenant matters:
- The national tenancy regulator - for registration of tenancies, dispute resolution, guidance and approved forms.
- Wexford County Council - for enforcement of housing standards, inspections and local housing information.
- Citizens Information - for free, general information on tenancy rights, notice requirements and steps to take.
- Threshold - a housing charity that provides advice to tenants about rights, deposits, rent and disputes.
- Legal Aid Board - for means-tested legal aid and information about qualifying for representation in certain cases.
- Local solicitors offering property and housing law expertise - for tailored legal advice and representation.
- Local community or law clinics - sometimes run by universities or community organisations and providing low-cost guidance.
If you need legal assistance with a landlord and tenant issue in Gorey, use the following practical checklist:
- Gather all tenancy documents and evidence - tenancy agreement, rent receipts, photos, text messages and emails. Keep a clear record of events and dates.
- Register the tenancy details with the tenancy regulator if you are a landlord and confirm registration information if you are a tenant.
- Try to resolve the issue directly - raise the problem with the other party in writing and keep copies.
- Seek free advice from Citizens Information, Threshold or a local advice service to understand your rights and options.
- If the dispute cannot be resolved, consider using the tenancy regulator's dispute resolution service or applying to the appropriate authority.
- If the matter is complex or at risk of court proceedings, consult a solicitor who specialises in landlord and tenant law. Ask about fees, likely timelines and whether you may qualify for legal aid.
- In cases of immediate danger or illegal eviction, contact local authorities and seek urgent legal support.
Taking these steps will help protect your rights and give you a clearer pathway to resolving landlord and tenant disputes in Gorey.
