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Clarity had been sought by the minister among others. Shutterstock/Albina Glisic

These new rules aim to help tenants if landlords seek a 'back door' around rent limits

The Residential Tenancies Board wants to make clear what constitutes ‘substantial change’ to a property.

DOING UP A kitchen or bathroom or carrying out painting or plastering isn’t enough to justify landlords getting around rent control limits, according to the Residential Tenancies Board (RTB).

The agency which regulates renting in the State has published a list of guidelines amid growing claims that landlords are doing up properties as a ‘back door’ around rent limits.

The government last year introduced rental caps laws for some areas around the country. Under the legislation, certain areas are designated as Rent Pressure Zones.

In these zones landlords are not allowed to raise the rent by more than 4% a year. As well as this, a new tenant in a property can only be charged 4% more than what a previous tenant was paying.

A clause in the Residential Tenancies Acts gives leave for landlords to raise rents above these limits when there is a “substantial change in the nature of the accommodation”.

Now, the RTB wants to make clear exactly what it views to be “substantial change” and has published a set of guidelines it says are to help the understanding of both landlords and tenants.

“It is not just about improving a property but about significant changes;  for example, has the property been extended,” according to the RTB’s director Rosalind Carroll.

The 20-page guideline booklet published contains a list of indicative examples which it says would be likely to constitute a substantial change.

They include:

  • Attic conversion
  • Alterations for the addition of a bedroom or bedrooms
  • Garage conversion
  • Change of interior floorplan to improve the layout of the property
  • Replacement pipework and radiators
  • Replacement of external windows and doors

The RTB says mandatory and usual works that would be carried out to maintain a property do not constitute substantial change to accommodation.

The guidelines have also provided a list of examples that would be unlikely to constitute a substantial change.

They include:

  • Upgraded kitchen
  • Painting
  • Plaster repairs

“It is important that landlords, tenants, and anyone working in the sector, familiarise themselves with the guidelines and where major disagreements arise, we would encourage those affected to refer such disputes to the RTB,” RTB chief Carroll said u[pon the publication of the guidelines.

Clarity is also provided on what the RTB considers “substantial refurbishment” for the purposes of using it as a ground for termination of a tenancy.

Threshold has previously said a total of 12% of the attempted evictions they have dealt with had to do with landlords looking to evict tenants so that they could refurbish the property.

In the published guidelines, the RTB notes that where a tenancy is terminated for the purposes of substantial refurbishment or renovation, if the property is complete, and available for re-let within 6 months of the termination, it must be offered for letting back to the original tenant.

Housing Minister Eoghan Murphy has been vocal in calling for clarity on these issues and has suggested that they may need to be made into law.

Read: ‘Perhaps that wasn’t the question’: Taoiseach may have misunderstood homelessness question >

Poll: Should landlords be able to move tenants out to carry out renovations? >

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    Mute ⚡ SCO Electrical ⚡
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    Jul 9th 2016, 7:46 PM

    Walk like an Egyptian…. They’ll think you’re bat shit crazy and to much of a liability to try take on

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    Mute John Hayes
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    Jul 9th 2016, 9:47 PM

    I needed that laugh

    99
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    Mute Permo Dermo
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    Jul 9th 2016, 7:58 PM

    Walk like a Pidgeon, chew gum, wear a tracksuit and hold a half can of Stella and nobody will mess with you

    297
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    Mute Al Ca
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    Jul 9th 2016, 8:16 PM

    Why do northsiders keep pidgeons?………………………………………………so they can teach their kids to walk.

    205
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    Mute John Hayes
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    Jul 9th 2016, 9:48 PM

    Have to say lads I’m weak laughing

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    Mute Phil O' Meara
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    Jul 9th 2016, 10:05 PM

    On behalf of Northsiders I’d say that it’s more important to teach kids to spell. Pigeon, for example. Otherwise you’ll end up speaking pidgin English like the Southsiders………

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    Mute Al Ca
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    Jul 9th 2016, 11:13 PM

    lol …Phil +1

    78
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    Mute ManUtdMan
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    Jul 9th 2016, 11:27 PM

    What did the south side guy, say to the north side guy, that was chatting up his girlfriend?

    Nothing. He shat himself & went to the “loo”

    79
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    Mute Mark O'Connor
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    Jul 10th 2016, 12:14 AM

    Why was the northside guy chatting to the southside guy’s girlfriend? Looking for change for a hostel, obviously.

    84
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    Mute Barbara O'Reilly
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    Jul 10th 2016, 9:35 AM

    Epic Phil, what a legend!!

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    Mute p m
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    Jul 10th 2016, 4:34 PM

    A hostel were he would take his girlfreind mark !

    6
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    Mute Mark O'Connor
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    Jul 10th 2016, 6:51 PM

    Ha, if she’s a proper southside girl she wouldn’t be caught dead in a hostel!

    5
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    Mute Cillian McCormick
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    Jul 9th 2016, 7:39 PM

    And Irish Judges will let those violent criminals walk away with a six month suspended.

    238
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    Mute Alan Kelly's Ego
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    Jul 9th 2016, 7:54 PM

    If they’re really unlucky. Community service is real popular too

    105
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    Mute Harry Whitehead
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    Jul 9th 2016, 8:23 PM

    Well you can tell by the way I use my walk I’m a woman’s man, no time to talk…

    160
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    Mute Martin Ryan
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    Jul 9th 2016, 8:31 PM

    The business executive who violently attacked the cyclist was a real nice fella . not all thugs wear tracksuits .

    104
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    Mute Gerry Ryan deG
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    Jul 9th 2016, 9:07 PM

    Psychopaths are the preferred choice for managerial positions in some companies. They get away with it at work but sometimes they forget outside the bubble and many people pray that they’re around when that happens just to even things up for the victim, that’s all, honestly.

    60
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    Mute Spiderman
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    Jul 9th 2016, 7:48 PM

    I walk on walls, never been mugged

    101
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    Mute Alan Kelly's Ego
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    Jul 9th 2016, 7:54 PM

    You’ve obviously never met spiderthug? Your day will come

    112
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    Mute Spiderman
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    Jul 9th 2016, 8:01 PM

    Tiocfaidh ár lá Alan ;-)

    50
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    Mute John Strahan
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    Jul 9th 2016, 8:09 PM

    People with certain psychopathic traits, not psychopaths. Psychopaths are the one running big business, governments, banks etc. You know the ones? F√¢k everybody types?

    99
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    Mute Alan Kelly's Ego
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    Jul 9th 2016, 8:18 PM

    I’m a bit like that. Got me a little bit of power in the labour camp, haven’t looked back since

    75
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    Mute Peter Fechter
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    Jul 9th 2016, 8:26 PM

    Like Charity CEO’S???

    83
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    Mute A hater
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    Jul 10th 2016, 1:22 PM

    Yeah they’re the feel no remorse types. The kind that can rape, beat, shoot, stab and gouge without feeling a thing.

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    Mute John Strahan
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    Jul 10th 2016, 7:32 PM

    Psychopaths don’t necessarily rape, beat, shoot, stab or gouge anybody.

    3
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    Mute Winston Smith
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    Jul 9th 2016, 8:20 PM

    I know one or two guys who look run of the mill but I ‘d be a very upset mugger if I tangled with them.

    89
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    Mute UndieGrundy
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    Jul 9th 2016, 8:11 PM

    well of course you can tell. You can tell a lot by someone’s demeanour.

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    Mute Jamie McCormack
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    Jul 9th 2016, 8:19 PM

    I always study a person’s shoes.

    36
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    Mute Alois Irlmaier
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    Jul 9th 2016, 9:34 PM

    That means nothing, there are plenty of cheapskates out there?

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    Mute Jamie McCormack
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    Jul 9th 2016, 9:52 PM

    People with money sometimes sport the most horrific footwear.

    38
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    Mute Jeffrey McMahon
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    Jul 10th 2016, 2:01 PM

    And plenty of cheap skates

    7
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    Mute Sinéad Breen
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    Jul 9th 2016, 8:23 PM

    You’re also more likely to be chosen as a victim if you look like you wouldn’t fight back. When someone suspicious walks past you always look them in the eye, they’ll pick someone else.

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    Mute Gerry Ryan deG
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    Jul 9th 2016, 9:03 PM

    Over 60s should carry a walking stick whether they need it or not, just as effective as the look in the eye

    47
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    Mute Trisec Training
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    Jul 10th 2016, 1:06 AM

    A walking stick would get in my way. Hands free does the most damage when called upon …

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    Mute Eddie Nugent
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    Jul 11th 2016, 10:47 AM

    Sinead that is very poor advice, looking somebody in the eye who you think is suspicious can be seen as a challenge or interpreted in so many different ways you are inviting trouble, Do NOT interact with potential adversaries, increase your situational awareness stay in control and move away from trouble

    3
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    Mute Keith Wizzy
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    Jul 9th 2016, 7:41 PM

    Tiny sampling base. Leaves out facts such as females, young, elderly, sick, disabled etc usually being more vulnerable. In fact most crimes are opportunistic committed by young people on other young people. Very little intellectual data analysis is undertaken by the perpetrators on victims or possible outcomes for themselves.

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    Mute Peter Fechter
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    Jul 9th 2016, 8:28 PM

    What are “young people”?anyone who is not old?

    21
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    Mute Immigrant
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    Jul 9th 2016, 8:31 PM

    Keep your head up, always observe your surroundings and keep your arms loose with a 6 or 7 inch gap between the inside of your elbows and your hip. Unlike this article it’s best to walk the walk to avoid any form of violence altogether. Bit stupid of the author to say it’s better to get built than avoid any confrontation altogether. With the violent third worlders flooding into Europe tho it’s probably a good time to get built tho.

    55
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    Mute Jamie McCormack
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    Jul 9th 2016, 9:59 PM

    Alex Ferguson said there were two things you couldn’t change; The team you support and the way you walk.

    18
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    Mute ChocSaltyBallz
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    Jul 10th 2016, 12:32 AM

    I used to support QPR then I supported Man U now I just support ROI or anyirish international and my walk changes with my levels of confidence so he should stick to managing United.

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    Mute Jamie McCormack
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    Jul 10th 2016, 12:37 AM

    West Ham are my favourite London team, then spurs. Good fans. Especially the Hammers. Witnessed them live at Anfield. Gettin beat 5 nil but still going haywire.

    3
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    Mute Dessie Curley
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    Jul 9th 2016, 8:20 PM

    I can judge potential criminals by their smell and their need for a rock of crack

    53
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    Mute ChocSaltyBallz
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    Jul 9th 2016, 9:08 PM

    I look for the hunger in the eyes if they are hungry they let you know and the determination in the the walk is a dead give away, the energetic dead look (guant and hyper) is quite mischievous.

    19
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    Mute Alois Irlmaier
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    Jul 9th 2016, 9:37 PM

    I know of a person who 2 fellas thought it be fun to beat up as they saw the man as a simpleton in their view, they waited one night to pounch on him. Turns out they didn’t batter him, that he battered them as he was well up the karate ladder.
    If you look vunerable then certain people will see you as a target, as there are some right bad sods out there.

    48
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    Mute Joe Doyle
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    Jul 9th 2016, 8:12 PM

    And most aware citizens can spot the violent criminal by their working class features. Their appearance usually suggests low intelligence and if they chance to open their mouth… done deal. If you get really lucky and they produce a pack of Blue when they smoke. Get out of the area fast.

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    Mute Blind Faith
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    Jul 9th 2016, 10:30 PM

    So it’s sort of reverse profiling by criminals on potential victims . . The criminal mind is absolutely narcissistic.

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    Mute Alois Irlmaier
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    Jul 9th 2016, 9:31 PM

    Trust psychopaths to come up with stuff normal people would never think of?

    16
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    Mute Ken Pepper
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    Jul 10th 2016, 2:27 AM

    Moonwalk away shouting heeeee heeeeee!

    15
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    Mute Donal Carey
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    Jul 9th 2016, 9:25 PM

    What a load of shite

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    Mute Alois Irlmaier
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    Jul 9th 2016, 9:32 PM

    Now that is a thought, reading a persons walk who has just pooed themselves?

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    Mute Kane Abel
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    Jul 10th 2016, 12:50 AM

    Yes, inferred levels of defiance/compliance and likelihood of success may be naturally determined by the evil that walk among us even at range based on a prospective victims stance, gait, reactionary reciprocal glances or lack/avoidance of, orientation relative to the onlooker, demeanour, manner of making/breaking held eye contact, whether they see hands nervously clutching a handbag or else determinedly clenched in a precautionary fist. We humans wear our fear outwardly in a multitude of ways and any jackal that enjoys a kill will instinctively know his particular prey from amongst the masses. Ted Bundy used to bypass his fellow humans fight or flight and other defensive layers/mechanisms by pretending to be injured, arm in a sling, on crutches etc. A good killer will have you in a place beyond refuge ever before you know you’re soon to be dead.

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    Mute Dominick Lodola
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    Jul 9th 2016, 10:09 PM

    They wouldn’t have the intelligents.

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    Mute Fintin Stack
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    Jul 10th 2016, 1:10 AM

    No sh!t Sherlock!

    5
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