Residential Tenancies Act 2004


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 23 July 2018


This Revised Act is an administrative consolidation of the Residential Tenancies Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018 (S.I. No. 266 of 2018), made 19 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 23 July 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Residential Tenancies Acts 2004 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b)). The Acts in this group are:

Residential Tenancies Act 2004 (27/2004)

Residential Tenancies (Amendment) Act 2009 (2/2009)

Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100

Residential Tenancies (Amendment) Act 2015 (42/2015), other than s. 1(3) and ss. 15, 85 and 87

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b), part 3 and sch.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Domestic Violence Act 2018 (6/2018)

Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

Residential Tenancies (Amendment) Act 2015 (42/2015)

State Airports (Shannon Group) Act 2014 (27/2014)

Housing (Miscellaneous Provisions) Act 2014 (21/2014)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Fines Act 2010 (8/2010)

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Residential Tenancies (Amendment) Act 2009 (2/2009)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017)

Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017)

Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017)

Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017)

Rent Pressure Zone (Local Electoral Area of Kildare-Newbridge) Order 2017 (S.I. No. 29 of 2017)

Rent Pressure Zone (Local Electoral Area of Laytown-Bettystown) Order 2017 (S.I. No. 28 of 2017)

Rent Pressure Zone (Local Electoral Area of Ashbourne) Order 2017 (S.I. No. 27 of 2017)

Rent Pressure Zone (Local Electoral Area of Ratoath) Order 2017 (S.I. No. 26 of 2017)

Rent Pressure Zone (Local Electoral Area of Bray) Order 2017 (S.I. No. 25 of 2017)

Rent Pressure Zone (Local Electoral Area of Wicklow) Order 2017 (S.I. No. 24 of 2017)

Rent Pressure Zone (Local Electoral Area of Galway City East) Order 2017 (S.I. No. 23 of 2017)

Rent Pressure Zone (Local Electoral Area of Celbridge-Leixlip) Order 2017 (S.I. No. 22 of 2017)

Rent Pressure Zone (Local Electoral Area of Galway City Central) Order 2017 (S.I. No. 21 of 2017)

Rent Pressure Zone (Local Electoral Area of Naas) Order 2017 (S.I. No. 20 of 2017)

Rent Pressure Zone (Local Electoral Area of Galway City West) Order 2017 (S.I. No. 19 of 2017)

Rent Pressure Zone (Local Electoral Area of Ballincollig-Carrigaline) Order 2017 (S.I. No. 18 of 2017)

Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 (S.I. No. 217 of 2016)

Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016)

Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015)

Residential Tenancies Act 2004 (Prescribed Form) Regulations 2012 (S.I. No. 162 of 2012)

Private Residential Tenancies Board Superannuation Scheme 2011 (S.I. No. 625 of 2011)

Residential Tenancies Act 2004 (Commencement) (No. 2) Order 2004 (S.I. No. 750 of 2004)

Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004)

Residential Tenancies Act 2004 (Establishment Day) Order 2004 (S.I. No. 525 of 2004)

Residential Tenancies Act 2004 (Commencement) Order 2004 (S.I. No. 505 of 2004)

All statutory instruments up to and including Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2018 (S.I. No. 266 of 2018), made 19 July 2018, were considered in the preparation of this revision.


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 23 July 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Application of Act.

3A.

Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4) .

3B.

Application of Act to dwellings referred to in section 3(4): supplemental provisions .

3C.

Notification to Minister of designations.

4.

Interpretation generally.

5.

“relevant date”, “landlord”, “tenant”, “lease”, etc.

6.

Service of notices.

7.

Service or giving of notice on behalf of another.

8.

Regulations and orders.

9.

Offences.

10.

Repeal and revocation.

11.

Expenses.

PART 2

Tenancy Obligations of Landlords and Tenants

Chapter 1

Provisions regarding landlord's obligations

12.

Obligations of landlords.

13.

Section 12(1)(b): supplemental regulations.

14.

Prohibition on penalisation of tenants.

15.

Duty owed to certain third parties to enforce tenant's obligations.

Chapter 2

Provisions regarding tenant's obligations

16.

Obligations of tenants.

17.

Section 16: interpretation and supplemental.

18.

No contracting out from terms of section 12 or 16 permitted, etc.

PART 3

Rent and Rent Reviews

19.

Setting of rent above market rent prohibited.

19A.

Setting of rent under tenancy for dwellings referred to in section 3(4)

20.

Frequency with which rent reviews may occur.

20A.

Rent review for dwellings referred to in section 3(4)

21.

Right to review of rent where none provided.

22.

Tenant to be notified of new rent.

22A.

Notification of change in amount of rent following review under section 20A

23.

Proceedings for rent arrears.

24.

“Market rent”, references to rent reviews, etc.

24A.

Rent pressure zones

24B.

Areas deemed to be rent pressure zones

24C.

Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones

PART 4

Security of Tenure

Chapter 1

Preliminary

25.

Non-application of Part.

26.

Greater security of tenure not affected.

Chapter 2

Statement of essential protection enjoyed by tenants

27.

Periods of occupancy before relevant date to be disregarded.

28.

Statutory protection —“ Part 4 tenancy”— after 6 months occupation.

29.

Part 4 tenancy”— meaning of that expression.

30.

Terms of Part 4 tenancy.

31.

Section 28 and 30: special cases.

32.

Further special case (sub-letting of Part 4 tenancy).

Chapter 3

Termination of Part 4 tenancy

33.

Restriction on termination by landlord.

33A.

Additional requirements relating to termination by landlord

34.

Grounds for termination by landlord.

35.

Table to section 34: interpretation and supplemental.

35A.

Restriction on termination of certain tenancies by landlords.

36.

Termination by tenant.

37.

Deemed termination by tenant.

38.

Effect of assignment of Part 4 tenancy.

39.

Termination on tenant's death.

Chapter 4

Additional statutory right — further Part 4 tenancy

40.

Interpretation ( Chapter 4).

41.

Further Part 4 tenancy on expiry of 6 year period.

42.

Termination of additional rights. (repealed)

Chapter 5

Successive further Part 4 tenancies may arise

43.

Purposes of Chapter.

44.

Construction of certain references.

45.

Further Part 4 tenancy to arise on expiry of previous tenancy.

46.

Terms of a further Part 4 tenancy.

47.

Application of Chapter 3 and section 42 to every further Part 4 tenancy.

Chapter 6

Rules governing operation of Part in cases of multiple occupants

48.

Interpretation ( Chapter 6).

49.

General principle in relation to dwellings occupied by more

50.

Entitlement of multiple occupant to benefit from Part 4 tenancy.

51.

Act of one of multiple tenants cannot prejudice the other's or others' rights.

52.

Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.

53.

No separate Part 4 tenancy to arise in multiple tenant's favour.

Chapter 7

Miscellaneous

54.

No contracting out from terms of Part permitted.

55.

Protection under this Part and long occupation equity.

56.

Damages for abuse of section 34 termination procedure.

PART 5

Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1

Scope of Part and interpretation provisions

57.

Purpose of Part.

58.

Termination of tenancies restricted to means provided by this Part.

59.

Exclusion of existing rules and enactments.

60.

Greater notice periods not affected.

61.

Construction of certain references to periods of notice and duration of tenancies.

Chapter 2

What a valid notice of termination must contain

62.

Requirements for a valid notice of termination.

63.

Date to be specified for purposes of section 62(1)(f).

64.

Reference to and validity of date of service of notice of termination.

64A.

Slip or omission in notice of termination

Chapter 3

Period of notice to be given

65.

What this Chapter does.

66.

Period of notice where section 67 or 68 is inapplicable.

67.

Period of notice for termination by landlord where tenant in default.

68.

Period of notice for termination by tenant where landlord in default.

69.

Exception to requirements of sections 66 to 68.

Chapter 4

Additional requirements and procedures where tenancy sub-let

70.

Notices of termination in cases of tenancies that are sub-let.

71.

Procedures on foot of service of notice mentioned in section 70 in non-contentious case.

72.

Procedures on foot of service of notice in cases not falling under section 71.

Chapter 5

Miscellaneous

73.

Notice of termination by multiple tenants.

74.

Offence to do certain acts on foot of invalid termination.

PART 6

Dispute Resolution

Chapter 1

Referral of matters to Board for resolution

75.

Interpretation ( Part 6).

76.

Right of referral by parties to tenancy and certain other persons.

76A.

Right of referral of complaint in respect of compliance with section 86(1)(a) .

76B.

Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint .

77.

Right of referral in respect of breach of duty under section 15.

78.

Particular matters that may be referred (non-exhaustive list).

79.

Different matters may be the subject of a single reference.

80.

Time limit for referring particular type of dispute.

81.

Tenancies and sub-tenancies: referral of disputes concerning their termination.

82.

Withdrawal of matter referred to Board.

83.

Board not to deal with reference if fee not paid or tenancy not registered.

84.

Further right of Board not to deal with certain references.

85.

Right of Tribunal or adjudicator not to deal with reference.

86.

Status of certain matters pending determination of dispute.

87.

Remedial action taken by party in certain cases to be disregarded.

88.

Extension of time for referring disputes to Board.

Chapter 2

Relationship between Part and certain other dispute resolution mechanisms

89.

Dispute subject of discontinued court proceedings may be subject of reference.

90.

Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.

91.

Dispute may not be referred to Board where alternative remedy is being pursued.

Chapter 3

Preliminary steps by Board (include power to refer matter to Tribunal)

92.

Initial steps that may be taken by Board to resolve matters referred.

93.

Invitation to parties to resolve matter through mediation.

94.

Exceptions to section 93: direct reference of matter to Tribunal, etc.

Chapter 4

Mediation and adjudication

95.

Mediation.

96.

[ Procedures to be followed by Board following report of mediator.]

97.

Adjudication.

98.

“Cooling-off” period for purposes of section 97(4)(b).

99.

Adjudicator's report.

100.

Appeal to Tribunal against adjudicator's determination.

101.

Provisions common to mediators and adjudicators.

Chapter 5

Tenancy Tribunal

102.

Tenancy Tribunals and the “Tribunal”.

103.

Membership of Tribunal, etc.

Chapter 6

Dispute resolution by Tribunal

104.

Determination of disputes by Tribunal: procedures generally.

105.

Provisions in relation to evidence, summoning of witnesses, etc.

106.

Proceedings to be in public.

107.

Adjournments of hearing.

108.

Determination by Tribunal of dispute and notification to Board.

Chapter 7

Supplementary procedural matters

109.

Power of Board to make procedural rules.

110.

Title to lands or property not to be drawn into question.

111.

Power to enter and inspect dwelling.

112.

Obligations of confidentiality.

113.

Offence of providing false information to Board.

114.

Certain proceedings and acts privileged.

114A.

Publication of certain statistics by Board.

Chapter 8

Redress that may be granted under this Part

115.

Redress that may be granted on foot of determination.

116.

Determination may require sub-tenancy to be quitted in certain cases.

117.

Redress of an interim nature may be granted.

118.

Discretion to refuse direction for possession.

119.

Certain directions to be given in the case of arrears of rent.

120.

Circumstances of landlord or tenant not to be taken account of in certain cases.

Chapter 9

Determination orders and enforcement generally

121.

Determination orders.

122.

Provision to ensure consistency between determinations.

123.

Binding nature of determination orders.

124.

Enforcement of determination orders.

125.

Cancellation of determination order in cases of nonappearance.

125A.

Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement .

126.

Offence for failure to comply with determination order.

PART 7

Registration of Tenancies

Chapter 1

Private residential tenancies register

127.

Establishment of register.

128.

Published register.

129.

Inspection of published register.

130.

Register and published register may be kept in electronic form.

131.

Publication of aggregated details derived from register.

132.

Furnishing of entries in registers, etc.

133.

Confirmation to parties to tenancy as to particulars specified in an application under section 134.

Chapter 2

Procedure for registration

134.

Obligation to apply to register tenancy.

135.

Section 134: supplemental provisions.

135A.

Obligation to transmit deposit to Board.

135B.

Enforcement of obligations under section 135A.

136.

Particulars to be specified in application under section 134.

137.

Fee to accompany application under section 134.

137A.

Fee to accompany application under section 134(2A).

138.

Variation of fee in line with changes in value of money.

Chapter 3

Updating of register and enforcement of requirement to register

139.

Updating of particulars entered in the register.

140.

Amendment of register by Board of its own volition.

141.

Deletion from register of a tenancy.

142.

Presumption in relation to date of commencement of tenancy.

143.

Offence for furnishing false or misleading information.

144.

Provision in aid of enforcement of registration requirements.

145.

Further provisions in aid of enforcement of registration requirements.

Chapter 4

Data exchange — private residential tenancies

146.

Data exchange — private residential tenancies.

147.

Exchange of public service data.

147A.

Disclosure of certain information to Revenue Commissioners.

148.

Provision of details of tenancy to Revenue Commissioners.

148A.

Obligation of parties in relation to return of deposit.

148B.

Return of deposit by Board.

148C.

Agreement between the parties on the return of deposit.

148D.

Return by Board of deposit where joint agreed application made under section 148C .

148E.

Application for return of deposit where no agreement between the parties.

148F.

Notification by Board of application for return of deposit where no agreement between the parties .

148G.

Return of deposit where statement of agreement under section 148F received .

148H.

Notification to parties of statement of disagreement under section 148F .

148I.

Notification by Board where no statement of agreement, or disagreement, received within prescribed period .

148J.

Return of deposit where statement of agreement under section 148I received .

148K.

Notification to parties of statement of disagreement under section 148I .

148L.

Return of deposit where no notification of agreement or disagreement made.

148M.

Offence of furnishing false or misleading information in relation to return of deposit.

148N.

Notifications by Board for purposes of return of deposit.

148O.

Reference by party of return of deposit to Board as a dispute for resolution under Part 6 .

148P.

Transitional provisions relating to transmission of deposits of certain tenancies.

148Q.

Enforcement of obligation under section 148P .

PART 8

Private Residential Tenancies Board

Chapter 1

Establishment and principal functions of Board

149.

Establishment day.

150.

Establishment of Board.

151.

Functions of Board.

152.

Model lease.

Chapter 2

Composition of Board

153.

Membership of Board.

154.

Supplemental provisions as to membership of Board.

155.

Chairperson of Board.

Chapter 3

Meetings and committees

156.

Meetings of Board.

157.

Committees of Board.

158.

Supplemental provisions as to committees of Board.

159.

Dispute Resolution Committee.

Chapter 4

Management of Board

160.

Director of Board.

161.

Supplemental provisions in relation to Director.

Chapter 5

Staff of Board and superannuation matters

162.

Staff of Board.

163.

Superannuation.

Chapter 6

Appointment or engagement of certain persons

164.

Mediators and adjudicators.

165.

Removal of an adjudicator from the panel.

166.

Consultants and advisers.

167.

Provision of services to Board.

Chapter 7

Supplemental provisions with regard to Board's administration and management

168.

Indemnification of certain persons.

169.

Membership of either House of the Oireachtas, etc.

170.

Disclosure of interests.

171.

Section 170: supplemental provisions.

172.

Disclosure of information.

173.

Seal of Board.

Chapter 8

Financial and accountability provisions

174.

Grants to Board.

175.

Borrowings by Board.

176.

Fees.

177.

Accounts.

177A.

Designated tenancy deposit account.

177B.

Withdrawal by Board of interest from designated tenancy deposit account.

178.

Further provisions with respect to accounts (including their audit).

179.

Accountability of Director to Oireachtas Committees.

180.

Reports and information to Minister.

180A.

Reports to Minister concerning determination of complaints under section 76A .

181.

Reports to Board.

PART 9

Miscellaneous

182.

Limitation on certain disputes being the subject of court proceedings.

183.

Guidelines to Board.

184.

Voidance of provisions designed to facilitate terminations.

185.

Obligation to inform prospective sub-tenant of nature of tenancy.

186.

Tenant may terminate where consent to assignment or subletting withheld.

187.

Duty of management companies in relation to certain complaints.

188.

Provision of information in relation to service charges by management companies.

189.

Jurisdiction in aid of Part 6 resolution procedure.

190.

Section 189: supplemental provisions.

191.

Long occupation equity (ability to renounce entitlement to it).

192.

Long occupation equity (prospective abolition of entitlement to it).

193.

Non-application of certain enactments.

194.

Deemed termination of tenancy to which Part 4 does not apply.

195.

Proposed overholding under a fixed term tenancy.

196.

Equal Status Act 2000 not prejudiced.

197.

Amendment of Housing (Miscellaneous Provisions) Act 1997.

198.

Amendment of Housing Act 1966.

199.

Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980.

200.

Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992.

201.

Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992.

202.

Regulations to remove difficulties.

SCHEDULE

Protection for Sub-Tenancies Created out of Part 4 Tenancies

Acts Referred to

Adoption Acts 1952 to 1998

Arbitration Act 1954

1954, No. 26

Civil Liability Act 1961

1961, No. 41

Civil Service Commissioners Act 1956

1956, No. 45

Civil Service Regulation Acts 1956 to 1996

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Conveyancing Act 1881

1881, c. 41

Conveyancing and Law of Property Act 1892

1892, c. 13

Criminal Law Amendment Act 1912

1912, c. 20

Equal Status Act 2000

2000, No. 8

European Parliament Elections Act 1997

1997, No. 2

Finance Act 1999

1999, No. 2

Health Act 1970

1970, No. 1

Health (Eastern Regional Health Authority) Act 1999

1999, No. 13

Housing Act 1966

1966, No. 21

Housing Act 1988

1988, No. 28

Housing Acts 1966 to 1997

Housing Acts 1966 to 2002

Housing (Miscellaneous Provisions) Act 1992

1992, No. 18

Housing (Miscellaneous Provisions) Act 1997

1997, No. 21

Housing (Miscellaneous Provisions) Act 2002

2002, No. 9

Housing (Private Rented Dwellings) Act 1982

1982, No. 6

Housing (Traveller Accomodation) Act 1998

1998, No. 33

Interpretation Act 1937

1937, No. 38

Landlord and Tenant Act 1931

1931, No. 55

Landlord and Tenant (Amendment) Act 1980

1980, No. 10

Landlord and Tenant (Amendment) Act 1994

1994, No. 20

Landlord and Tenant (Ground Rents) (No. 2) Act 1978

1978, No. 7

Landlord and Tenant Law Amendment Act Ireland 1860

1860, c. 154

Local Government Act 2001

2001, No. 37

Organisation of Working Time Act 1997

1997, No. 20

Petty Sessions (Ireland) Act 1851

1851, c. 93

Planning and Development Act 2000

2000, No. 30

Public Offices Fees Act 1879

1879, c. 58

Social Welfare (Consolidation) Act 1993

1993, No. 27

Statute of Limitations 1957

1957, No. 6

Succession Act 1965

1965, No. 27

Taxes Consolidation Act 1997

1997, No. 39

Urban Renewal Act 1998

1998, No. 27


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 23 July 2018


AN ACT TO PROVIDE—

( a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS,

( b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS,

( c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES,

( d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND

( e) FOR RELATED MATTERS. [19 th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: rights under collectively cited Residential Tenancies Acts not affected in certain circumstances by Domestic Violence Act 2018 (6/2018), s. 32, not commenced as of date of revision.

Orders not to affect rights under certain enactments or estate or interest

32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.

(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.