Residential Tenancies Act 2004

Residential Tenancies Act 2004


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 20 September 2017


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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), made 18 September 2017, 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 20 September 2017


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 1994, 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

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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, 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 Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), made 18 September 2017, were considered in the preparation of this revision.


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 20 September 2017


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 20 September 2017


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:

PART 1

Preliminary and General

Short title.

1

1.—This Act may be cited as the Residential Tenancies Act 2004.

Commencement.

2

2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to section exercised (6.12.2004) by Residential Tenancies Act 2004 (Commencement) (No. 2) Order 2004 (S.I. No. 750 of 2004).

2. The 6th day of December 2004 is appointed as the day on which the Residential Tenancies Act 2004 so far as uncommenced shall come into operation.

E2

Power pursuant to section exercised (1.09.2004) by Residential Tenancies Act 2004 (Commencement) Order 2004 (S.I. No. 505 of 2004).

2. The 1st day of September, 2004 is appointed as the day on which the following provisions of the Residential Tenancies Act 2004 shall come into operation:

(a) Part 1;

(b) Part 4;

(c) Part 5 (other than sections 71 and 72);

(d) Part 7;

(e) Part 8 (other than section 159(1));

(f) Part 9 (other than sections 182, 189, 190, paragraphs (a) and (d) of section 193, and subsections (4) and (5) of section 195); and

(g) the Schedule.

Application of Act.

3

3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4(2) , this Act does not apply to any of the following dwellings—

( a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)( a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

( b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

F1 [ (c) a dwelling that is let by or to a public authority and without prejudice to the generality of the foregoing, including a dwelling provided by a public authority to an approved housing body other than a dwelling referred to in subsection (2A) , ]

( d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

( e) a dwelling occupied under a shared ownership lease,

( f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

( g) a dwelling within which the landlord also resides,

( h) a dwelling within which the spouse F2 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

( i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

F3 [ (2A) Where

(a) a public authority provides a dwelling, of which it is the owner, to an approved housing body under a contract or lease between the public authority and the approved housing body pursuant to paragraph (ea) of section 6 (2) of the Housing (Miscellaneous Provisions) Act 1992 , and

(b) subsequent to such provision the dwelling concerned is the subject of a tenancy between the approved housing body concerned and a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),

for the purposes of subsection (1) and without prejudice to paragraph (c) of subsection (2)

(i) this Act applies to that dwelling (including any such dwelling that is the subject of a tenancy created before the coming into operation of this subsection),

(ii) any such tenancy shall not, for the purposes of this Act, be treated as a sub-tenancy arising out of such lease or contract between the public authority and the approved housing body, and

(iii) references in this Act to a sub-tenancy shall not include a dwelling that is the subject of a tenancy between the approved housing body and the household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 . ]

F4 [ (3) Notwithstanding the definition of tenancy in section 5(1) , in this section a reference to a tenancy does not include a tenancy the term of which is more than 35 years. ]

F3 [ (4) Without prejudice to subsection (1) , for the purposes of the application of this Act to

(a) a dwelling referred to in subsection (2A) , and

(b) a dwelling, other than a dwelling referred to in paragraph (a) , that

(i) F5 [ is provided by an approved housing body ] to whom assistance is given under subsection (2) of section 6 of the Housing (Miscellaneous Provisions) Act 1992 , other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body,

(ii) is the subject of a tenancy (including a tenancy created before the commencement of this subsection), and

(iii) is let by that approved housing body to a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),

subsections (5) and (6) (both inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) and sections 3A and 3B (both inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) shall apply to a dwelling referred to in paragraphs (a) and (b) .

(5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)

(a) the approved housing body concerned shall be deemed to be a landlord of such dwelling,

(b) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a dwelling, referred to in subsection (4)(a) , shall be construed accordingly, and

(c) the person who is the tenant of the dwelling shall be construed in accordance with subsection (6) .

(6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in paragraphs (a) and (b) of subsection (4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)

(a) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling,

(b) where the household comprises 2 or more persons, whichever of those persons who has been granted occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and

(c) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, referred to in paragraph (a) or (b) of subsection (4) , the subject of a tenancy, shall be construed accordingly. ]

Annotations:

Amendments:

F1

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(1), S.I. No. 151 of 2016.

F2

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.

F3

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(2), (3), S.I. No. 151 of 2016.

F4

Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(b), commenced on enactment.

F5

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 31, S.I. No. 7 of 2017.

Modifications (not altering text):

C1

Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 25(3), not commenced as of date of revision.

Chapter 4 tenancy agreement.

25.— ...

(3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Act of 2004.

...

C2

Application of section restricted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2004), s. 36, S.I. No. 404 of 2014.

Restriction on application of Residential Tenancies Act 2004

36. Except in the case of a dwelling to which section 47 relates, a dwelling in respect of which housing assistance is provided under this Part shall not be construed as a dwelling let by or to a public authority for the purposes of section 3 (2)(c) of the Residential Tenancies Act 2004 .

Editorial Notes:

E3

Previous affecting provision: subs. (2)(c)(ii) amended (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(a), commenced on enactment; substituted as per F-note above.

F6 [ Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)

3A

3A. (1) A tenant of a dwelling the subject of a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) shall not assign or sub-let the tenancy.

(2) Any sub-tenancy of a dwelling referred to in section 3(4) that is purported to be created shall be void.

(3) Any assignment of a dwelling referred to in section 3(4) that is purported to be made is void.

(4) Section 16(k) shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4) . ]

Annotations:

Amendments:

F6

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.

F7 [ Application of Act to dwellings referred to in section 3(4) : supplemental provisions

3B

3B. For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)

(a) a reference in Part 4 to a continuous period of 6 months , means a continuous period of 6 months that commences on or after the commencement of section 3(4) ,

(b) a reference in this Act to relevant date shall be construed as meaning the date on which section 3(4) of the Act is commenced,

(c) the ground specified in paragraph 4 of the Table to section 34 shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4) ,

(d) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of a dwelling the subject of a tenancy referred to in section 3(4) ,

(e) sections 19 , 20 , 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4) , and

(f) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4) . ]

Annotations:

Amendments:

F7

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2015.

F8 [ Notification to Minister of designations

3C

3C. Where an approved housing body makes a designation referred to in subsection (5) of section 25 , it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation. ]

Annotations:

Amendments:

F8

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.

Interpretation generally.

4

4.—(1) In this Act, unless the context otherwise requires—

“adjudicator” shall be construed in accordance with section 164(2) ;

F9 [ approved housing body means a body

(a) approved under section 6 (6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and

(b) to which

(i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings F10 [ ] , or

(ii) assistance referred to in section 6(2)(ea) of that Act is given; ]

“authorised agent” shall be construed in accordance with section 12 (1)(e) ;

F11 [ Board shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015; ]

“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;

“company” means a company within the meaning of the Companies Acts 1963 to 2003;

“contract of tenancy” does not include an agreement to create a tenancy;

“Director” shall be construed in accordance with section 160(1) ;

“Dispute Resolution Committee” shall be construed in accordance with section 157(2) ;

“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

“establishment day” means the day appointed under section 149 ;

“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;

“further Part 4 tenancy” shall be construed in accordance with section 41(2) or 45(2), as appropriate;

F9 [ housing authority has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992 ; ]

“local authority” means a local authority for the purposes of the Local Government Act 2001 ;

“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;

“mediator” shall be construed in accordance with section 164(1) ;

“Minister” means the Minister for the Environment, Heritage and Local Government;

Part 4 tenancy” shall be construed in accordance with section 29 ;

“personal representative” has the same meaning as it has in the Succession Act 1965 ;

“planning permission” means a permission under section 34 of the Planning and Development Act 2000 ;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public authority” means—

( a) a Minister of the Government or a body under the aegis of a Minister of the Government,

( b) the Commissioners of Public Works in Ireland,

( c) a local authority,

F9 [ (ca) a housing authority, ]

F12 [ ( d )     the Health Service Executive established under section 6 of the Health Act 2004, ]

( e) F13 [ ]

( f) a voluntary body standing approved of by the Minister for Health and Children or by F14 [ the Health Service Executive ] of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,

( g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and F15 [ Science; ]

( h) F16 [ ]

“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;

“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;

“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;

“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“tenancy agreement” includes an oral tenancy agreement;

“Tribunal” shall be construed in accordance with section 102(2) .

(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—

( a) the second of the references in section 12(1)(h) ,

( b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17(1) ,

( c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,

( d) the references in subsection (2)(b) and (c) of section 25 , and

( e) the second of the references in sections 136(h), 187(1) and 188(1).

(4) In this Act—

( a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,

( b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,

( c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

( d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.

Annotations:

Amendments:

F9

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 5, S.I. No. 151 of 2016.

F10

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 32, S.I. No. 7 of 2017.

F11

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(2), S.I. No. 151 of 2016.

F12

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.

F13

Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.

F14

Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.

F15

Substituted (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43.

F16

Deleted (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43.

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

5

5.—(1) In this Act—

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;

“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;

“relevant date” means the date on which Part 4 is commenced F17 [ or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ];

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;

“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.

(2) A reference in this Act to—

( a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and

( b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.

(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—

( a) legal costs or expenses, or

( b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.

(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection F18 [ and the amount of such costs shall not exceed 5,000 ].

Annotations:

Amendments:

F17

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(2), S.I. No. 151 of 2016.

F18

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86 and sch., S.I. No. 119 of 2016.

Service of notices.

6

6.—(1) A notice F19 [ or other document ] required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:

( a) by delivering it to the person;

( b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

( c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

( d) where the notice F19 [ or other document ] relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.

(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.

(3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) is guilty of an offence.

(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.

Annotations:

Amendments:

F19

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.

Service or giving of notice on behalf of another.

7

7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.

Regulations and orders.

8

8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

(2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).

(4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.

Annotations:

Amendments:

F20

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 22, not commenced as of date of revision.

Modifications (not altering text):

C3

Prospective affecting provision: subs. (1A) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 22, not commenced as of date of revision.

F20 [ (1A) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. ]

Editorial Notes:

E4

Power pursuant to section exercised (9.05.2016) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 (S.I. No. 217 of 2016), in effect as per art. 2.

E5

Power pursuant to section exercised (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016).

E6

Power pursuant to section exercised (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004.

E7

Previous affecting provision: power pursuant to section exercised (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015); revoked (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016), reg. 3.

E8

Previous affecting provision: power pursuant to section exercised (15.05.2012) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2012 (S.I. No. 162 of 2012); revoked (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015), reg. 3.

Offences.

9

9.—(1) A person guilty of an offence under this Act shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(2) If the contravention in respect of which a person is convicted of an offence under this Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.

(3) Proceedings in relation to an offence under this Act may be brought and prosecuted by the Board.

(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.

(5) Where a person is convicted of an offence under this Act the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.

Annotations:

Editorial Notes:

E9

Value of fines in section modified (4.01.2011) by Fines Act 2010 (8/2010, ss. 3 and 5, and ss. 3 and 8, S.I. No. 662 of 2010. The fine of €3,000 is now a Class B fine, with a value of between €2,500 and €4,000. The fine of €250 is now a Class E fine, with a value of up to €500.

Repeal and revocation.

10

10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.

(2) The Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996) are revoked.

Expenses.

11

11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Tenancy Obligations of Landlords and Tenants

Chapter 1

Provisions regarding landlord's obligations

Obligations of landlords.

12

12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

( a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,

( b) subject to subsection (2), carry out to—

(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992 , and

(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,

F21 [ ( ba ) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned, ]

( c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy—

(i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and

(ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling,

( d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,

( e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,

( f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

( g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—

(i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—

(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or

(II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,

( h) if the dwelling is one of a number of dwellings comprising an apartment complex—

(i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,

(ii) forward to the tenant any initial response by the management company to that complaint, and

(iii) forward to the tenant any statement in writing of the kind referred to in section 187(2) made by the management company in relation to that F22 [ complaint, ]

F23 [ (i) in the case of a tenancy of a dwelling in a rent pressure zone (within the meaning given in section 19(7) ), where the tenancy commences on or after the commencement of section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016, furnish the tenant, in writing, with the following information at the commencement of the tenancy:

(i) the amount of rent that was last set under a tenancy for the dwelling;

(ii) the date the rent was last set under a tenancy for the dwelling;

(iii) a statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to section 19(4) . ]

(2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16(f) .

(3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.

(4) Subsection (1)(d) applies and has effect subject to the following provisions:

( a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

F24 [ (i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or ]

(ii) compliance with section 16(f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16(f) is equal to or greater than the amount of the deposit,

F24 [ ( b ) where, at the date of the request for return or repayment, there is a default in

(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or

(ii) compliance with section 16(f) ,

and subparagraph (i) or (ii) , as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii) . ]

(5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.

Annotations:

Amendments:

F21

Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(a), commencement on enactment.

F22

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 33, in effect as per s. 1(3)(b).

F23

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 33, in effect as per s. 1(3)(b).

F24

Substituted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(b), (c), commencement on enactment.

F25

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(a), (b), not commenced as of date of revision.

F26

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(c), not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subs. (1)(d) substituted, subs. (4) amended and subs. (6) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23, not commenced as of date of revision.

F25 [ (d) where a deposit is paid by the tenant to the landlord on entering into the agreement for the tenancy or lease

(i) transmit the deposit to the Board in accordance with this Act, and

(ii) for the purpose of the effecting, by the Board, the return of that deposit to the tenant, subject to the conditions specified in subsection (4) , and ascertaining, for the purpose of such return, if a default referred to in that subsection is to be taken into account

(I) respond to the notification of the Board that relates to the return of the deposit in accordance with this Act,

(II) provide information, in accordance with this Act, to the Board of any such default,

(III) notify the Board, as soon as practicable, of any change in the information provided to the Board under section 136(1)(b) in respect of his or her address for correspondence, and

(IV) notify the Board on or as soon as practicable after the end of the tenancy with a statement, in the prescribed form, that he or she requires a default referred to in subsection (4) to be taken into account by the Board, ]

...

(4) F25 [ A deposit referred to in subsection (1)(d) shall, in accordance with this Act, be returned to the tenant ] subject to the following provisions:

...

F26 [ (6) A landlord shall send a copy of the notification referred to in subsection (1)(d)(ii)(IV) to the tenant at the same time as he or she sends the notification to the Board. ]

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

13

13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12(1)(b) , be regarded as parts of the interior, or as parts of the structure, of dwellings.

(2) In making regulations under this section, the Board—

( a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation,

( b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.

(3) Different regulations may be made under this section in respect of different classes of dwelling.

Prohibition on penalisation of tenants.

14

14.—(1) A landlord of a dwelling shall not penalise a tenant for—

( a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,

( b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),

( c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or

( d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.

(2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.

(3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—

( a) the frequency or extent to which the right is exercised in relation to the tenant,

( b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and

( c) any other relevant circumstances,

it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.

(4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.

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

15

15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.

(2) In subsection (1)“person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.

(3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.

(4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.

Chapter 2

Provisions regarding tenant's obligations

Obligations of tenants.

16

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

( a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—

(i) the rent provided for under the tenancy concerned on the date it falls due for payment, and

(ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment),

( b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord’s obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992 ),

( c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,

( d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

( e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,

( f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—

(i) the time that has elapsed from the commencement of the tenancy,

(ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and

(iii) any other relevant matters,

( g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose,

( h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,

( i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling,

( j) if any act of the tenant’s, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element),

( k) F27 [ subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let ] the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

( l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—

(i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,

(ii) in any other case, may, in his or her discretion, withhold,

( m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and

( n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

Annotations:

Amendments:

F27

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(3), S.I. No. 151 of 2016.

F28

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24(a), (b), not commenced as of date of revision.

F29

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24(c), not commenced as of date of revision.

Modifications (not altering text):

C5

Prospective affecting provision: paras. (m) and (n) amended and para. (o) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24, not commenced as of date of revision.

( m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, F28 [ withhold), ]

( n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the F28 [ dwelling, and ]

F29 [ (o) where a deposit referred to in section 12(1)(d) has been paid to the landlord by the tenant, for the purpose of the effecting, by the Board, the return of the deposit to the tenant subject to the conditions specified in section 12(4) and ascertaining, for the purpose of such return, if a default referred to in section 12(4) is to be taken into account

(i) to respond to the notification of the Board that relates to the return of the deposit in accordance with this Act,

(ii) to provide information, in accordance with this Act, to the Board of any such default, and

(iii) to notify the Board, as soon as practicable, of his or her address for correspondence when the tenancy has ended. ]

Section 16 :interpretation and supplemental.

17

17.—(1) In section 16

“alter or improve”, in relation to a dwelling, includes—

( a) alter a locking system on a door giving entry to the dwelling, and

( b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling),

“behave in a way that is anti-social” means—

( a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,

( b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or

( c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation—

(i) by any other person residing in the dwelling concerned, of that dwelling,

(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or

(iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

(2) The reference in section 16(b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.

(3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).

(4) If the amount of the premium referred to in section 16(j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.

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

18

18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16.

(2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.

(3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.

PART 3

Rent and Rent Reviews

Setting of rent above market rent prohibited.

19

19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.

(2) The reference in this section to the setting of the rent under a tenancy is a reference to—

( a) the initial setting of the rent under the tenancy, and

( b) any subsequent setting of the rent under the tenancy by way of a review of that rent.

F30 [ (3) The setting of the rent under the tenancy of a dwelling that is carried out on or after the relevant date shall be subject to subsections (4) to (7) .

(4) Subject to subsection (5) , in setting, at any particular time, the rent under a tenancy of a dwelling in a rent pressure zone, an amount of rent shall not be provided for that is greater than the amount determined by the formula

R x (1 + 0.04 x t/m)

where

m is

(a) 24, where section 24C(1)(a) applies, or

(b) 12, in any other case,

R is the amount of rent last set under a tenancy for the dwelling,

t is the number of months between

(a) (i) the date the current rent came into effect under a tenancy for the dwelling, or

(ii) where paragraph (a) does not apply but the dwelling was previously let, other than in circumstances to which subsection (5) applies, the date rent became payable under a tenancy for the dwelling as last so let,

and

(b) the date the rent for the tenancy of the dwelling will come into effect after its determination under this subsection.

(5) Subsection (4) does not apply

(a) where a dwelling has not at any time been the subject of a tenancy during the period of 2 years prior to the date the area is prescribed under section 24A as a rent pressure zone or deemed to be so prescribed;

(b) if, in the period since the rent was last set under a tenancy for the dwelling

(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling.

(6) Where immediately before the relevant date a notice under section 22(2)

(a) has been served on the tenant, or

(b) the rent review concerned has commenced,

then subsections (3) and (4) shall not apply to the new rent, referred to in section 22(2) , stated in that notice in accordance with that section.

(7) In this section

relevant date means the date section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation;

rent pressure zone means an area

(a) prescribed by the Minister by order under section 24A as a rent pressure zone under that section, or

(b) in respect of an area to which section 24B relates, deemed to be so prescribed by the Minister under section 24A . ]

Annotations:

Amendments:

F30

Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 34, commenced as per s. 1(3)(b).

F31 [ Setting of rent under tenancy for dwellings referred to in section 3(4)

19A

19A. (1) In setting the rent under the tenancy of a dwelling referred to in section 3(4) the amount of rent under the tenancy of a dwelling

(a) referred to in paragraph (a) of section 3(4) , shall be determined in accordance with the contract or lease referred to in section 3(2A) , and

(b) referred to in paragraph (b) of section 3(4) , shall be determined in accordance with the terms of the assistance referred to in that paragraph.

(2) Where there is a subsequent setting of rent under a tenancy referred to in subsection (1) by way of a review under section 20A , the amount of rent set following such review shall be determined

(a) in the case of a dwelling referred to in paragraph (a) of subsection (1) , in accordance with the contract or lease referred to in that paragraph, and

(b) in the case of a dwelling referred to in paragraph (b) of subsection (1) , in accordance with the assistance referred to in that paragraph. ]

Annotations:

Amendments:

F31

Inserted (7.04.2016) by Residential Tenancies Act 2015(42/2015), s. 6, S.I. No. 151 of 2016.

Editorial Notes:

E10

The section heading is taken from the amending section in the absence of one included in the amendment.

Frequency with which rent reviews may occur.

20

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—

( a) more frequently than once in each period of 12 months, nor

( b) in the period of 12 months beginning on the commencement of the tenancy.

(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.

(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—

( a) the last review of the rent under the tenancy, or

( b) the commencement of the tenancy,

if, in that period—

(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

F32 [ (4) The references to 12 months in

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall, for the duration of the relevant period, be construed as references to 24 months .

(5) Subsections (4) and (6) shall cease to have effect on the day immediately before the fourth anniversary of the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 came into operation and, on and from the first-mentioned day

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall be read as if subsection (4) had not been enacted.

(6) In subsection (4) , relevant period means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on the day immediately before the fourth anniversary of the day on which that section came into operation. ]

Annotations:

Amendments:

F32

Inserted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 25(1), commenced on enactment, subject to transitional provisions in subss. (2), (3).

F33 [ Rent review for dwellings referred to in section 3(4) of Principal Act

20A

20A. (1) A review of the rent under the tenancy of a dwelling referred to in section 3(4) shall be carried out in accordance with the tenancy agreement relating to the tenancy of the dwelling.

(2) Where a tenancy agreement referred to in subsection (1) does not include provision for a review of the rent of a dwelling referred to in section 3(4) , subject to subsection (3) , either party may require a review of the rent under the tenancy to be carried out for the purpose of setting the rent.

(3) A review referred to in subsection (2) shall not be carried out more than once in any 12 month period. ]

Annotations:

Amendments:

F33

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 7, S.I. No. 151 of 2016.

Editorial Notes:

E11

The section heading is taken from the amending section in the absence of one included in the amendment.

Right to review of rent where none provided.

21

21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20 , require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.

Tenant to be notified of new rent.

22

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.

(2) That condition is that, at least F34 [ 90 days ] before the date from which the new rent is to have effect, a notice F35 [ in the prescribed form ] is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect F36 [ and the matters specified in subsection (2A) ] .

F36 [ (2A) The notice referred to in subsection (2) shall

(a) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect,

(b) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before

(i) the date stated in the notice as the date from which that rent is to have effect, or

(ii) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later,

(c) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to

(i) the other terms of the tenancy, and

(ii) letting values of dwellings

(I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

(d) specify, for the purposes of F37 [ paragraph (c) ] , and without prejudice to the generality of that paragraph, the amount of rent sought for 3 dwellings

(i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

F38 [ ]

(e) include the date on which the notice is F37 [ signed, and ]

F39 [ (f) where the dwelling is in a rent pressure zone (within the meaning given in section 19(7) ), state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does not apply. ]

(2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent.

(2C) In this section amount of rent sought means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which the notice referred to in subsection (2) is served. ]

(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—

( a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or

( b) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later.

Annotations:

Amendments:

F34

Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(i), commenced on enactment, subject to transitional provision in subs. (2).

F35

Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(ii), S.I. No. 216 of 2016.

F36

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(iii) and (b), S.I. No. 216 of 2016.

F37

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(a), (b), commenced as per s. 1(3)(b).

F38

Deleted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).

F39

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).

F40 [ Notification of change in amount of rent following review under section 20A

22A

22A. Where, following a review of rent under section 20A , there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable. ]

Annotations:

Amendments:

F40

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 8, S.I. No. 151 of 2016.

Editorial Notes:

E12

The section heading is taken from the amending section in the absence of one included in the amendment.

Proceedings for rent arrears.

23

23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.

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

24

24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—

( a) the other terms of the tenancy, and

( b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.

(2) References in this Part to a review of a rent include references to—

( a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and

( b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,

and, in the case of a provision of the kind referred to in paragraph (b) , any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.

(3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—

( a) the oral agreeing of the rent,

( b) the oral or written notification of the rent, or

( c) in the case of a provision of the kind referred to in subsection (2)(b) , the rent being set by virtue of the operation of that provision.

F41 [ Rent pressure zones

24A

24A. (1) The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone.

(2) As soon as practicable, but no later than 1 week after the date of receipt of the proposal under subsection (1) , the Minister shall request the Director to make a report to the Minister (in this section referred to as a rent zone report ), in such form as the Minister may approve, on whether, in so far as the area the subject of the proposal is concerned, the criteria specified in subsection (4) for designation as a rent pressure zone are satisfied.

(3) Within 2 weeks after the date that the Minister made the request under subsection (2) , the Director shall furnish the Minister with the rent zone report.

(4) In making a rent zone report to the Minister, the Director shall confirm whether or not the following criteria have been met

(a) the information relating to the area concerned, as determined by reference to the information used to compile each Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7 per cent in each of at least 4 of the 6 quarters (each being a period of 3 months that is contemporaneous with the period to which the Rent Index quarterly report concerned relates) preceding the period immediately prior to the date of the proposal by the Housing Agency to the Minister under subsection (1) , and

(b) the average rent for the area in the last quarter, as determined by reference to the manner referred to in paragraph (a) , is above the average national rent (commonly referred to as the Rent Index national standardised rent) in the last quarter.

(5) Where the Minister receives a rent zone report from the Director and the report confirms that the criteria in subsection (4) are satisfied, the Minister shall by order prescribe the area as a rent pressure zone for a specified period not exceeding 3 years.

(6) Where a local electoral area is prescribed by order as a rent pressure zone and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.

(7) The Minister may, on a recommendation from the Housing Agency, by order revoke an order made under subsection (5) or a deemed order under section 24B and, accordingly, section 8(3) does not apply to any such order or deemed order.

(8) In making a recommendation under subsection (7) , the Housing Agency shall consider and provide a report to the Minister, on such matters as may be prescribed having regard to

(a) the operation of the rental market,

(b) the operation of the housing market, and

(c) changes in rent levels in the period since the area concerned was designated as a rent pressure zone;

and, before making such a recommendation and providing a report under this subsection, the Housing Agency shall consult with the Board and the housing authority concerned on the matter.

(9) The Board shall publish, in such manner as it thinks fit, a notice of the making of an order by the Minister under subsection (5) or (7) .

(10) In this section

area means

(a) the administrative area of a housing authority, or

(b) a local electoral area within the meaning of section 2 of the Local Government Act 2001 ;

Housing Agency has the same meaning as it has in the Pyrite Resolution Act 2013 ;

Rent Index quarterly reports has the meaning given in the definition of Rent Index ;

Rent Index means the publication known as the Residential Tenancies Board Rent Index which is published by the Board in respect of each successive period of 3 months in every calendar year (in this section referred to as Rent Index quarterly reports ) pursuant to its functions under section 151(1)(e) and includes any other publication that it replaced or may replace it for the purposes of those functions. ]

Annotations:

Amendments:

F41

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).

Editorial Notes:

E13

Power pursuant to subs. (5) exercised (20.09.2017) by Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), in effect as per art. 2.

E14

Power pursuant to subs. (5) exercised (20.09.2017) by Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017), in effect as per art. 2.

E15

Power pursuant to subs. (5) exercised (30.03.2017) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017), in effect as per art. 2.

E16

Power pursuant to subs. (5) exercised (30.03.2017) by Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017), in effect as per art. 2.

E17

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Kildare-Newbridge) Order 2017 (S.I. No. 29 of 2017), in effect as per art. 2.

E18

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Laytown-Bettystown) Order 2017 (S.I. No. 28 of 2017), in effect as per art. 2.

E19

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Ashbourne) Order 2017 (S.I. No. 27 of 2017), in effect as per art. 2.

E20

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Ratoath) Order 2017 (S.I. No. 26 of 2017), in effect as per art. 2.

E21

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Bray) Order 2017 (S.I. No. 25 of 2017), in effect as per art. 2.

E22

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Wicklow) Order 2017 (S.I. No. 24 of 2017), in effect as per art. 2.

E23

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Galway City East) Order 2017 (S.I. No. 23 of 2017), in effect as per art. 2.

E24

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Celbridge-Leixlip) Order 2017 (S.I. No. 22 of 2017), in effect as per art. 2.

E25

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Galway City Central) Order 2017 (S.I. No. 21 of 2017), in effect as per art. 2.

E26

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Naas) Order 2017 (S.I. No. 20 of 2017), in effect as per art. 2.

E27

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Galway City West) Order 2017 (S.I. No. 19 of 2017), in effect as per art. 2.

E28

Power pursuant to subs. (5) exercised (27.01.2017) by Rent Pressure Zone (Local Electoral Area of Ballincollig-Carrigaline) Order 2017 (S.I. No. 18 of 2017), in effect as per art. 2.

F42 [ Areas deemed to be rent pressure zones

24B

24B . With effect from the relevant date (within the meaning of section 19(7) ) and notwithstanding anything to the contrary in section 24A , orders under subsection (5) of that section shall be deemed to have been made in respect of the administrative areas of each of the following housing authorities:

(a) Cork City Council;

(b) Dublin City Council;

(c) Dun Laoghaire Rathdown County Council;

(d) Fingal County Council;

(e) South Dublin County Council;

and, accordingly, each of those areas is deemed to be a rent pressure zone from the relevant date for a period of 3 years. ]

Annotations:

Amendments:

F42

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).

F43 [ Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones

24C

24C . (1) Where a tenancy commenced before the relevant date (within the meaning of section 19(7) ) and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then

(a) the first rent review after the relevant date shall be carried out in accordance with section 20 , and

(b) any subsequent rent review shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.

(2) Where a tenancy commences on or after the relevant date (within the meaning of section 19(7) ), and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then any rent review after that date shall be carried out as if subsections (4) to (6) of section 20 had not been enacted. ]

Annotations:

Amendments:

F43

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).

PART 4

Security of Tenure

Chapter 1

Preliminary

Non-application of Part.

25

25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.

(2) Those conditions are—

( a) the dwelling concerned is one of 2 dwellings within a building,

( b) that building, as originally constructed, comprised a single dwelling, and

( c) the landlord resides in the other dwelling.

(3) A landlord's opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.

(4) This Part does not apply to a tenancy of a dwelling—

( a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999 ) of the Taxes Consolidation Act 1997, or

( b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.

F44 [ (5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where

(a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and

(b) the consent of the public authority which

(i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4) , a party to the lease or contract referred to in section 3(2A) , or

(ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4) , the assistance referred to in that paragraph,

has, in respect of the designation referred to in paragraph (a) , been obtained by the approved housing body before it makes the designation.

(6) In subsection (5) transitional dwelling means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.

(7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5) , made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned

(a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and

(b) shall notify the Minister of that designation not later than 3 months after it is made. ]

Annotations:

Amendments:

F44

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 9, S.I. No. 151 of 2016.

Greater security of tenure not affected.

26

26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.

Chapter 2

Statement of essential protection enjoyed by tenants

Periods of occupancy before relevant date to be disregarded.

27

27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date F45 [ or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ].

Annotations:

Amendments:

F45

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(4), S.I. No. 151 of 2016.

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

28

28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.

(2) That protection is that, subject to Chapter 3, the tenancy mentioned in subsection (1) shall (if it would not or might not do so otherwise) continue in being—

( a) unless paragraph (b) applies, for the period of F46 [ 6 years ] from—

(i) the commencement of the tenancy, or

(ii) the relevant date,

whichever is the later,

or

( b) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F46 [ 6 years ] mentioned in paragraph (a) , until the expiry of that period of notice.

(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.

(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.

Annotations:

Amendments:

F46

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(1), in effect as per s. 1(3)(b) and subs. (3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

Part 4 tenancy”— meaning of that expression.

29

29.—A tenancy continued in being by section 28 shall be known, and is in this Act referred to, as a “ Part 4 tenancy”.

Terms of Part 4 tenancy.

30

30.—(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall be those of the tenancy mentioned in section 28 of which it is a continuation.

(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.

(3) Neither—

( a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor

( b) any term purported to be provided for by a variation under subsection (2),

shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.

Sections 28 and 30: special cases.

31

31.—(1) The reference in section 28(1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.

(2) Where the continuous occupation referred to in section 28(1) has been under a series of 2 or more tenancies—

( a) in section 28(2) , “the tenancy mentioned in subsection (1)” means the last of those tenancies,

( b) in section 28(2)(a)(i) , “the commencement of the tenancy” means the commencement of the first of those tenancies, and

( c) in section 28(3) , “the tenancy” means the last of those tenancies,

and section 30 shall be construed accordingly.

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

32

32.—(1) The Schedule to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.

(2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.

(3) Any such sub-tenancy purported to be created is void.

Chapter 3

Termination of Part 4 tenancy

Restriction on termination by landlord.

33

33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 .

Additional requirements relating to termination by landlord

33A

F47 [ 33A. Without prejudice to section 33 , in addition to the grounds for termination by a landlord under section 34 , in accordance with section 57(b) , Part 5 shall apply in relation to the termination of a Part 4 tenancy by a landlord. ]

Annotations:

Amendments:

F47

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2016 (42/2016), s. 27, S.I. No. 119 of 2016.

Editorial Notes:

E29

The section heading is taken from the amending section in the absence of one included in the amendment.

Grounds for termination by landlord.

34

34.F48 [ Subject to section 35A , a Part 4 tenancy ] may be terminated by the landlord—

( a) on one or more of the grounds specified in the Table to this section if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii) that notice of termination cites as the reason for the termination the ground or grounds concerned and, in the case of paragraph 4, 5 or 6 of that Table, contains or is accompanied by the statement referred to in that paragraph,

or

( b) irrespective of whether any of those grounds exist, if—

(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii) that period of notice expires on or after the end of the period of F49 [ 6 years ] mentioned in section 28(2)(a) in relation to the tenancy.

TABLE

Grounds for termination

1. The tenant has failed to comply with any of his or her obligations in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination—

( a) the tenant has been notified F50 [ in writing ] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and

( b) the tenant does not remedy the failure within that specified time.

2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household F50 [ and the notice of termination is accompanied by a statement referred to in section 35 ] .

3. The landlord intends, within 3 months after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling F50 [ and the notice of termination is accompanied by a statutory declaration referred to in section 35 ] .

4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied F51 [ by a statutory declaration ]

( a) specifying—

(i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and

(ii) the expected duration of that occupation,

and

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—

( a) specifying the nature of the F51 [ intended works, ]

F50 [ (aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,

(ab) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b) , and ]

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling becomes available for reletting F50 [ within the period of 6 months from the expiry of the period of notice required to be given by the notice, or if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute ], and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2, 3 or 6 of this Table.

6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement—

( a) specifying the nature of the F51 [ intended use, ]

F50 [ (aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement,

(ab) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying

(i) details of those works,

(ii) the name of the contractor, if any, employed to carry out such works, and

(iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out,

and ]

( b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the following conditions are satisfied—

(i) the dwelling becomes available for reletting within the period of 6 months from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and

(ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 3 of this Table.

Annotations:

Amendments:

F48

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 38, S.I. No. 7 of 2017.

F49

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 1, in effect as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F50

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(a)-(c), (e)(ii), (iii), (f)(ii), S.I. No. 216 of 2016.

F51

Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(d), (e)(i), (f)(i), S.I. No. 216 of 2016.

Table to section 34 : interpretation and supplemental.

35

35.—(1) In this section the “Table” means the Table to section 34 .

(2) In paragraph 1 of the Table “remedy the failure” means—

( a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and

( b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—

(i) to pay adequate compensation to the landlord (or, if the failure consists of the non-payment of rent, pay the arrears of rent) or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16(h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1) .

(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to any spouse F52 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.

(5) In paragraph 4(b), 5(b) and 6(b) of the Table the reference to the contact details requirement being complied with is a reference to the following requirement being complied with, namely, a requirement (which shall be specified in the statement concerned) that the former tenant notify in writing the landlord—

( a) within 28 days from the service of the notice of termination concerned, or, if a dispute as to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, of the means by which he or she can be contacted by the landlord so that the offer concerned can be made to him or her, and

( b) as soon as practicable after any such change occurs, of any change in the means (as so notified) by which the former tenant can be contacted for that purpose.

(6) If an offer such as is referred to in paragraph 4(b), 5(b) or 6(b) of the Table is accepted (within such reasonable period as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—

( a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and

( b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.

F53 [ (7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify

(a) the bed spaces in the dwelling, and

(b) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household.

F54 [ (8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include

(a) a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling, and

(b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord. ]

(9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall

(a) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and

(b) specify, where planning permission is not required

(i) the name of the contractor, if any, employed to carry out the intended works, and

(ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.

(10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned. ]

Annotations:

Amendments:

F52

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.

F53

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 29, S.I. No. 216 of 2016.

F54

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 39, S.I. No. 7 of 2017.

Restriction on termination of certain tenancies by landlords

35A

F55 [ 35A. (1) In this section

development means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;

relevant period of time means any period of 6 months within the period

(a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and

(b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.

(2) Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement

(a) in respect of dwellings situated within the development concerned,

(b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and

(c) to so transfer during a relevant period of time.

(3) (a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board

(i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and

(ii) that the application of that subsection would, having regard to all the circumstances of that case

(I) be unduly onerous on that landlord, or

(II) would cause undue hardship on that landlord.

(b) In paragraph (a)(i) , the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.

(4) Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34 , then that section shall continue to apply to that notice as if the said section 40 had not been enacted.

(5) Subject to subsection (4) , this section applies to all tenancies, including a tenancy created before the coming into operation of this section. ]

Annotations:

Amendments:

F55

Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 40, S.I. No. 7 of 2017.

Editorial Notes:

E30

The section heading is taken from the amending section in the absence of one included in the amendment.

Termination by tenant.

36

36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.

(2) This section is without prejudice to Chapter 6.

Deemed termination by tenant.

37

37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—

( a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and

( b) before or on that vacating the rent has fallen into arrears.

(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—

( a) whether before or after the end of that period, the tenant has vacated the dwelling, and

( b) no notice of termination has been served by the tenant in respect of the tenancy.

(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.

(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.

(5) This section is subject to Chapter 6.

Effect of assignment of Part 4 tenancy.

38

38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—

( a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),

( b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).

(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—

( a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,

( b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and

( c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.

(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.

(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.

(5) Any such assignment purported to be made is void.

Termination on tenant’s death.

39

39.—(1) Subject to subsections (2) F56 [ , (4) and (6) ] , a Part 4 tenancy shall terminate on the death of the tenant.

(2) Where the 2 conditions specified in subsection (3) are satisfied—

( a) subsection (1) does not apply, and

( b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.

(3) Those conditions are—

( a) the dwelling, at the time of the death of the tenant concerned, was occupied by—

(i) a spouse F57 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] of the tenant,

(ii) a person who was not a spouse of the tenant but who F58 [ was the tenant s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant ] in the dwelling for a period of at least 6 months ending on the date of the tenant’s death,

(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or

(iv) a parent of the tenant,

and

( b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.

(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.

(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.

F59 [ (6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under s ubsection (3)(b) , to become a tenant, or tenants, of such dwelling unless

(a) in the case of a dwelling referred to in section 3(4)(a) , he or she is a member of a household referred to in section 3(4)(a) , or

(b) in the case of a dwelling referred to in section 3(4)(b) , he or she is a member of a household referred to in section 3(4)(b) . ]

Annotations:

Amendments:

F56

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(a), S.I. No. 151 of 2016.

F57

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(b), S.I. No. 648 of 2010.

F58

Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 203, S.I. No. 648 of 2010.

F59

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(b), S.I. No. 151 of 2016.

Chapter 4

Additional statutory right — further Part 4 tenancy

Interpretation ( Chapter 4).

40

40.—(1) In section 41 F60 [ 6 year period ]” means, in relation to the Part 4 tenancy concerned, the period mentioned in section 28(2)(a) .

(2) F61 [ A reference in section 41(4) to section 34 or Chapter 3 is a reference ] to that section or Chapter as applied by section 47 .

Annotations:

Amendments:

F60

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 2, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F61

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 1, S.I. No. 7 of 2017.

Further Part 4 tenancy on expiry of F62 [ 6 year period ].

41

41.—(1) If a Part 4 tenancy continues to the expiry of the F62 [ 6 year period ] without a notice of termination under section 34 or 36 having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.

(2) Such a tenancy is referred to in this Act as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy is the expiry of the F62 [ 6 year period ].

(4) A further Part 4 tenancy shall, subject to Chapter 3, continue in being—

( a) unless paragraph F63 [ ] (c) applies, for the period of F62 [ 6 years ] from its commencement,

( b) F63 [ ]

( c) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F62 [ 6 years ] mentioned in paragraph (a) , until the expiry of that period of notice.

Annotations:

Amendments:

F62

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 items 3-5, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F63

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2017), s. 41(4) and sch. part 2 ref. nos. 2, 3, S.I. No. 7 of 2017.

Termination of additional rights.

42

42.F64 [ ]

Annotations:

Amendments:

F64

Repealed (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(1), S.I. No. 7 of 2017, subject to transitional provisions in subss. (2), (3).

Chapter 5

Successive further Part 4 tenancies may arise

Purposes of Chapter.

43

43.—This Chapter has effect for the purpose of ensuring that the additional rights provided by Chapter 4 are regarded as being of a rolling nature, that is to say, that (unless the landlord uses the means under this Part to stop the following happening)—

( a) on the expiry of a further Part 4 tenancy, after it has been in existence for F65 [ 6 years ], another such tenancy comes into being, and

( b) on the expiry of that tenancy, after it has been in existence for F65 [ 6 years ], a further such tenancy comes into being,

and so on.

Annotations:

Amendments:

F65

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 6, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

Construction of certain references.

44

44.—A reference in section 45 to F66 [ section 34 or Chapter 3 ] is a reference to that section or Chapter as applied by section 47 .

Annotations:

Amendments:

F66

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 4, S.I. No. 7 of 2017.

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

45

45.—(1) If a further Part 4 tenancy continues to the expiry of F67 [ 6 years ] from its commencement without a notice of termination under section 34(b) having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.

(2) Such a tenancy is also referred to in this Part as a “further Part 4 tenancy”.

(3) The commencement date of a further Part 4 tenancy under this section is the expiry of the further Part 4 tenancy that preceded it.

(4) A further Part 4 tenancy under this section shall, subject to Chapter 3, continue in being—

( a) unless paragraph F68 [ ] (c) applies, for the period of F67 [ 6 years ] from its commencement,

( b) F68 [ ]

( c) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F67 [ 6 years ] mentioned in paragraph (a) , until the expiry of that period of notice.

Annotations:

Amendments:

F67

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 7, 8, commenced as per subs. (1)(3)(b) and s. 37(3) which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

F68

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 5, 6, S.I. No. 7 of 2017.

Terms of a further Part 4 tenancy.

46

46.—(1) The terms of a further Part 4 tenancy shall be those of the preceding Part 4 tenancy or, as the case may be, the preceding further Part 4 tenancy.

(2) At any time during the period of a further Part 4 tenancy, the parties may, by agreement, vary its terms.

(3) No term purported to be provided for by a variation under subsection (2) shall be a term of a further Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.

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

47

47.—(1) Chapter 3 applies to every further Part 4 tenancy as it applies to a Part 4 tenancy.

(2) For that purpose, references in that Chapter to a Part 4 tenancy shall be read as references to a further Part 4 tenancy.

(3) For that purpose the following modifications of section 33 and 34 (in Chapter 3) also apply.

(4) F69 [ ]

(5) In paragraph (b) of section 34 F70 [ 6 years ] from the commencement of the tenancy” shall be substituted, in subparagraph (ii), for “ F70 [ 6 years ] mentioned in section 28(2)(a) in relation to the tenancy”, and that paragraph (b), as it is to be read and have effect for the purposes of this section, is set out in paragraph 2 of the Table to this section.

(6) F69 [ ]

TABLE

1.  A further Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 F69 [ ].

2.  ( b) irrespective of whether any of those grounds exist, if—

(i)  a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and

(ii)  that period of notice expires on or after the end of the period of F70 [ 6 years ] from the commencement of the tenancy.

Annotations:

Amendments:

F69

Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 7-9, S.I. No. 7 of 2017.

F70

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 9, 10, in effect as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”

Chapter 6

Rules governing operation of Part in cases of multiple occupants

Interpretation ( Chapter 6).

48

48.—(1) In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.

(2) References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.

(3) References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.

General principle in relation to dwellings occupied by more than one person.

49

49.—(1) Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—

( a) multiple tenants,

( b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.

(2) In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—

( a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and

( b) the condition specified in section 28(3) is satisfied.

Entitlement of multiple occupant to benefit from Part 4 tenancy.

50

50.—(1) Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.

(2) A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.

(3) Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.

(4) The reference in subsection (3) to a landlord's accepting a person as a tenant is a reference to his or her accepting a person as a tenant—

( a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and

( b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.

(5) For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.

(6) For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.

(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy F71 [ may, subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), request ] the landlord of the dwelling to allow him or her to become a tenant of the dwelling.

(8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—

( a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,

( b) the requester shall hold the dwelling—

(i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),

(ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence holds the dwelling.

Annotations:

Amendments:

F71

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 11, S.I. No. 151 of 2016.

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

51

51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—

( a) the termination of the Part 4 tenancy, or

( b) rendering the Part 4 tenancy liable to be terminated by the landlord,

shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person's consent.

(2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—

( a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and

( b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.

(3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1) , an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—

( a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or

( b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),

as the case may be.

(4) For the purposes of subsection (3), any provision of this Part which—

( a) provides for the termination of a Part 4 tenancy,

( b) renders such a tenancy liable to termination by the landlord, or

( c) makes provision incidental to, or consequential on, the foregoing,

shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—

(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,

(ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or

(iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).

(5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).

(6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.

(7) In this section a reference to the doing of an act includes the making of an omission.

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

52

52.—For the avoidance of doubt, neither—

( a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor

( b) the death of that tenant,

of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.

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

53

53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50(2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.

Chapter 7

Miscellaneous

No contracting out from terms of Part permitted.

54

54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.

(2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).

Protection under this Part and long occupation equity.

55

55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)( b) of the Landlord and Tenant (Amendment) Act 1980 .

F72 [ (2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 . ]

Annotations:

Amendments:

F72

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 10, S.I. No. 7 of 2017.

Damages for abuse of section 34 termination procedure.

56

56.—(1) This section applies where—

( a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a) ,

( b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 , and

( c) (i) in case the ground cited is that specified in paragraph 3 of that Table, the thing mentioned in that paragraph is not done within the period specified in that paragraph,

(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.

(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—

( a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,

( b) subject to section 118 , a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or

( c) subject to section 118 , a determination comprising both of the foregoing directions.

(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1) .

(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.

(6) For the avoidance of doubt—

( a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and

( b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.

TABLE

( c) (i) in case the ground cited is that specified in paragraph 3 of that Table, the thing mentioned in that paragraph is not done within the period of 3 months after the dispute in relation to the validity of the notice of termination is finally determined,

(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

PART 5

Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1

Scope of Part and interpretation provisions

Purpose of Part.

57

57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—

( a) one to which this Act applies but to which Part 4 does not apply (by reason of the operation of section 25 ), or

( b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).

Termination of tenancies restricted to means provided by this Part.

58

58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.

(2) Accordingly, the termination by the landlord or the tenant of—

( a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, or

( b) a tenancy to which section 25 applies,

must be effected by means of a notice of termination that complies with this Part.

(3) Each of the following—

( a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),

( b) a tenancy referred to in subsection (2)(b), and

( c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4,

shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).

Exclusion of existing rules and enactments.

59

59.—Subject to section 60 , neither—

( a) any rule of law, nor

( b) provision of any enactment in force immediately before the commencement of this Part,

which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.

Greater notice periods not affected.

60

60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65(4) , that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.

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

61

61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.

(2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.

Chapter 2

What a valid notice of termination must contain

Requirements for a valid notice of termination.

62

62.—(1) A notice of termination to be valid shall—

( a) be in writing,

( b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

( c) specify the date of service of it,

( d) be in such form (if any) as may be prescribed,

( e) if the duration of the tenancy is a period of more than 6 months, F73 [ or the tenancy is a further Part 4 tenancy, ] state (where the termination is by the landlord) the reason for the termination,

( f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

( g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.

(2) Subsection (1) is without prejudice to Chapter 4 and section 81 (3) (which specify additional requirements in respect of a tenancy that has been sub-let).

Annotations:

Amendments:

F73

Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 42, S.I. No. 7 of 2017.

Modifications (not altering text):

C6

Application of subs. (1)(g) restricted (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004).

2. Section 62(1)(g) of the Residential Tenancies Act 2004 does not apply to a notice of termination the date of service of which is earlier than the day on which Part 6 of the Act comes into operation.

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

63

63.—For the purposes of section 62(1)(f) , the day that is to be specified in a notice of termination is the last day of—

( a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or

( b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65(4) , to give by that notice of termination.

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

64

64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.

(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.

(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).

F74 [ Slip or omission in notice of termination

64A

64A. On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that

(a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and

(b) the notice of termination is otherwise in compliance with the provisions of this Act. ]

Annotations:

Amendments:

F74

Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 30, S.I. No. 4 of 2016.

Editorial Notes:

E31

The section heading is taken from the amending section in the absence of one included in the amendment.

Chapter 3

Period of notice to be given

What this Chapter does.

65

65.—(1) This Chapter states the period of notice to be given by a notice of termination.

(2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62(1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.

(3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.

(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 70 days may not be given in respect of it.

Period of notice where section 67 or 68 is inapplicable.

66

66.—(1) This section applies where the tenancy is being terminated—

( a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or

( b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and

( b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.

(3) This section is subject to section 69 .

F75 [ TABLE 1

Termination by Landlord

Duration of Tenancy

Notice Period

(1)

(2)

Less than 6 months

28 days

6 or more months but less than 1 year

35 days

1 year or more but less than 2 years

42 days

2 years or more but less than 3 years

56 days

3 years or more but less than 4 years

84 days

4 or more but less than 5 years

112 days

5 or more but less than 6 years

140 days

6 or more but less than 7 years

168 days

7 or more but less than 8 years

196 days

8 or more years

224 days ]

F75 [ TABLE 2

Termination by Tenant

Duration of Tenancy

Notice Period

(1)

(2)

Less than 6 months

28 days

6 or more months but less than 1 year

35 days

1 year or more but less than 2 years

42 days

2 or more but less than 4 years

56 days

4 years or more but less than 8 years

84 days

8 or more years

112 days ]

Annotations:

Amendments:

F75

Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 31, commenced on enactment, subject to transitional provision in subs. (2).

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

67

67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1) , or

(ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

F76 [ (aa) in the case of the termination of a tenancy of a dwelling to which Part 4 applies, 28 days regardless of the duration of the tenancy, ]

( b) F76 [ in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply, ] 28 days, if the tenancy is being terminated—

(i) for any other reason (but not a failure to pay an amount of rent due), or

(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (2)(b)(ii) is that the tenant has been notified in writing by the landlord that an amount of rent due has not been paid and 14 days elapse from the receipt of that notice without the amount concerned having been paid to the landlord.

(4) This section is subject to section 69 .

Annotations:

Amendments:

F76

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 32, S.I. No. 119 of 2016.

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

68

68.—(1) This section applies where—

( a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and

( b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or

( b) 28 days, if the tenancy is being terminated for any other reason,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (1)(b) is—

( a) the landlord has been notified in writing of the failure concerned by the tenant, and

( b) the landlord does not remedy the failure within a reasonable time after being so notified.

(4) In subsection (3)“remedy the failure” means—

( a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and

( b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—

(i) to pay adequate compensation to the tenant or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(5) This section is subject to section 69 .

Exception to requirements of sections 66 to 68.

69

69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.

(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.

(3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.

Chapter 4

Additional requirements and procedures where tenancy sub-let

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

70

70.—(1) This section applies where—

( a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and

( b) the landlord under the head-tenancy proposes to terminate the head-tenancy.

(2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62 , state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.

(3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”) F77 [ by the landlord ].

Annotations:

Amendments:

F77

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 33, S.I. No. 119 of 2016.

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

71

71.—(1) Where—

( a) section 70 applies,

( b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and

( c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.

(2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

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

72

72.—(1) Where—

( a) section 70 applies,

( b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

( c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.

(2) Where—

( a) section 70 applies,

( b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

( c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant—

(i) of the contents of that notice, and

(ii) of the fact that that dispute has been referred to the Board.

(3) The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.

(4) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

Chapter 5

Miscellaneous

Notice of termination by multiple tenants.

73

73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.

(2) Where this subsection applies, it suffices, for the purposes of section 62(1)(b) , that the notice of termination is signed by one of the multiple tenants if—

( a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and

( b) the other tenant or each other tenant is named in the notice.

(3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.

(4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.

Offence to do certain acts on foot of invalid termination.

74

74.—(1) A person is guilty of an offence if—

( a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and

( b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.

(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.

(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—

( a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or

( b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.

(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).

PART 6

Dispute Resolution

Chapter 1

Referral of matters to Board for resolution

Interpretation (Part 6).

75

75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.

(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.

(3) For the purposes of subsection (2)“disagreement” shall be deemed to include—

( a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,

( b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),

and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.

(4) References in this Part to a party, without qualification, are references to—

( a) a party to the dispute or disagreement concerned,

( b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,

( c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,

( d) in the case of a complaint mentioned in section 76(4) , the licensee and the landlord, and

( e) in the case of a complaint mentioned in section 77

(i) the complainant, and

(ii) the landlord of the dwelling concerned.

Annotations:

Amendments:

F78

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(a), (c), not commenced as of date of revision.

F79

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(b), not commenced as of date of revision.

Modifications (not altering text):

C7

Prospective affecting provision: subs. (2) and (4)(d) amended and subs. (4)(da) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34, not commenced as of date of revision.

(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2) , 76(4), F78 [ 76A , ] 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.

...

(4) ...

( d) in the case of a complaint mentioned in section 76(4) , the licensee and the F79 [ landlord, ]

F78 [ (da) in the case of a complaint mentioned in section 76A

(i) the landlord and the tenant, or

(ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section,

and ]

...

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

76

76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.

(2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.

(3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.

(4) A licensee referred to in section 50(7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.

F80 [ Right of referral of complaint in respect of compliance with section 86(1)(a)

76A

76A. ... ]

Annotations:

Amendments:

F80

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

Modifications (not altering text):

C8

Section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

F80 [ 76A. (1) This section applies where a matter has been referred to the Board for resolution (the original dispute ) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i) , or as the case may be, a sub-tenant referred to in section 86(1)(a)(ii) , has failed to comply with section 86(1)(a) .

(2) (a) Without prejudice to the generality of section 76 or to section 78(1)(q) , or the obligation referred to in section 16(a) , a landlord may refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i) has failed to comply with section 86(1)(a) .

(b) Without prejudice to the generality of section 76 or to section 78(1)(q) , or the obligation referred to in section 16(a) , a head-tenant may refer to the Board for resolution a complaint that the sub-tenant referred to in section 86(1)(a)(ii) has failed to comply with section 86(1)(a) .

(3) In this section

head-tenant has the meaning assigned to it by paragraph 1 of the Schedule;

sub-tenant has the meaning assigned to it by paragraph 1 of the Schedule. ]

Editorial Notes:

E32

The section heading is taken from the amending section in the absence of one included in the amendment.

F81 [ Section 76A : supplemental provisions relating to adjudication and determination of dispute relating to complaint

76B

76B. ... ]

Annotations:

Amendments:

F81

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

Modifications (not altering text):

C9

Section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

F81 [ 76B. (1) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , arranged for the dispute to be the subject of adjudication

(a) when adjudicating, under section 97 , such dispute and without prejudice to section 97 , the adjudicator

(i) shall have regard to the original dispute referred to in section 76A , and

(ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,

and

(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.

(2) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , referred it to the Tribunal

(a) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal

(i) shall have regard to the original dispute referred to in section 76A , and

(ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,

and

(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently. ]

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

77

77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.

F82 [ (1A) Without prejudice to subsection (1) , where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h) , the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15 . ]

(2) The conditions mentioned in subsection (1) are—

( a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and

( b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).

F82 [ (2A) The conditions mentioned in subsection (1A) are

(a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and

(b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter

(i) by communicating or attempting to communicate with the landlord or former landlord, or

(ii) by

(I) requesting a person referred to in subsection (4) (in this section referred to as a subsection (4) person ) to communicate with the landlord or former landlord on his or her behalf, and

(II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15 ,

and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted. ]

(3) For the purposes of facilitating the person’s compliance with subsection (2)(b) F82 [ or, as the case may be, subsection (2A)(b) ] , the Board may furnish to a person who proposes to make a reference under this section F82 [ or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made, ] the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.

F82 [ (4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request

(a) an owners management company within the meaning of the Multi-Unit Developments Act 2011 ,

(b) a body corporate, or

(c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents association or a neighbourhood watch group,

to do either or both of the following on his or her behalf:

(i) to make the communication referred to in subsection (2A)(b) ;

(ii) to refer the complaint referred to in subsection (1A) to the Board.

(5) For the purposes of section 75(4)(e) , where, in accordance with this section, a subsection (4) person

(a) refers a complaint to the Board on behalf of a person referred to in section 15 , or

(b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15 ,

the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part. ]

Annotations:

Amendments:

F82

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 36, S.I. No. 216 of 2016.

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

78

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—

( a) the retention or refund of a deposit,

( b) the amount that ought to be initially set (in compliance with section 19 F83 [ or, as the case may be, section 19A ] ) as the amount of rent under a tenancy,

( c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,

( d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,

( e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,

( f) an allegation that the landlord has sought to terminate a tenancy other than in accordance with the provisions of Part 4,

( g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,

( h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,

( i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,

( j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,

( k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,

( l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,

( m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,

( n) an alleged failure by a person to comply with a determination order made by the Board,

( o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),

( p) an allegation that an agreement referred to in section 35(6) has not been complied with,

( q) a claim by a landlord for arrears of rent or other charges.

(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant’s tenancy arises whether or not such a dispute is also so referred by the head-tenant.

(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant’s—

( a) not having taken any issue with the head-landlord in relation to that matter, or

( b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or

( c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.

Annotations:

Amendments:

F83

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 12, S.I. No. 151 of 2016.

F84

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F85

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F86

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

Modifications (not altering text):

C10

Prospective affecting provision: subs. (1) amended, subs. (1)(a) substituted and subs. (1)(aa)-(ad) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37, not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, F84 [ where appropriate, and without prejudice to section 76A , complaints ] may be referred to the Board for resolution include—

F85 [ (a) without prejudice to the generality of paragraph (e) , failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i) , ]

F86 [ (aa) failure by

(i) a landlord to comply with section 12(1)(d)(ii)(III) , or

(ii) a tenant to comply with section 16(o)(iii) ,

(ab) the return of the deposit to one or both parties,

(ac) failure by a party to the tenancy to comply with sections 148A , 148F(2) or 148I(3) ,

(ad) any loss referred to in section 148I(6) , ]

Different matters may be the subject of a single reference.

79

79.—There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.

Annotations:

Amendments:

F87

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 38, not commenced as of date of revision.

Modifications (not altering text):

C11

Prospective affecting provision: section designated as subs. (1) and subs. (2) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 38, not commenced as of date of revision.

79.F87 [ (1) ] There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.

F87 [ (2) In the case of a complaint made under section 76A

(a) subsection (1) shall not apply to the complaint, and

(b) the reference to the Board of a complaint made under section 76A shall not include any other dispute or complaint. ]

Time limit for referring particular type of dispute.

80

80.—A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after the period of 28 days has elapsed from the date of receipt of that notice.

Tenancies and subtenancies: referral of disputes concerning their termination.

81

81.—(1) The purpose of this section is to—

( a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and

( b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.

(2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3) , whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.

(3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.

(4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.

(5) If the tenant—

( a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or

( b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).

Withdrawal of matter referred to Board.

82

82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.

(2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.

(3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.

(4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.

(5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party F88 [ subject to subsection (6) , any costs referred to in subsection (7) ] incurred by that other party as it or he or she determines.

F89 [ (6) Any costs awarded under subsection (5) shall not exceed 1,000.

(7) In subsection (5) , costs incurred by the other party includes costs or expenses

(a) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and

(b) relating to the preparation of his or her case,

and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a) . ]

Annotations:

Amendments:

F88

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(a), S.I. No. 119 of 2016.

F89

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(b), S.I. No. 119 of 2016.

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

83

83.—(1) Subject to subsection (3), the Board shall not—

( a) deal initially with a dispute referred to it under this Part, or

( b) allow any other procedure under this Part to be followed in relation to a dispute referred to it under this Part,

if the fee of the specified amount prescribed by rules under section 109 in relation to that initial dealing or the following of that procedure has not been paid to it.

(2) Subject to subsection (3), the Board shall not deal with a dispute in relation to a tenancy referred to it under this Part by the landlord of the dwelling concerned if the tenancy is not registered under Part 7.

(3) The Board may, in the case of a default in payment of a particular fee or registration under Part 7 of a particular tenancy, notify the person or persons concerned of the default and afford the person or persons concerned a reasonable opportunity to rectify the matter; if the matter is rectified within a reasonable time the Board shall, subject to this Part, deal with the dispute or permit the other procedure to be followed in relation to it, as the case may be.

Further right of Board not to deal with certain references.

84

84.—(1) If the Board is of opinion that, in relation to a dispute referred to the Board—

( a) the dwelling, the subject of the dispute, is not a dwelling to which this Act applies,

( b) for any other reason, the dispute does not come within the Board's jurisdiction (including by reason of a failure to comply with any condition for its being referred to the Board),

( c) proceedings in any court in respect of the subject matter of the dispute, would, were they to be capable of being instituted at the date of the reference, be statute-barred, or

( d) the matter or matters concerned are trivial F90 [ , frivolous ] or vexatious,

then the Board shall serve a notice on the party who referred the matter to it stating that it is of that opinion and, unless the party establishes, in accordance with the following subsections, that the opinion is not well founded, that it will not (subject to subsection (6) ) deal with the matter.

(2) For the purposes of subsection (1), the notice referred to in that subsection shall state that the party concerned may, within a period specified in the notice, make submissions to the Board as to why the party considers the opinion of the Board is not well founded.

(3) The Board shall consider any submissions made to it by that party within the period specified in the notice concerned.

(4) Unless the Board decides that any such submissions establish that the opinion of the Board referred to in subsection (1) was not well founded, the Board shall not, subject to subsection (6), deal with the dispute referred to it; the other party or parties to the dispute shall be notified in writing of a decision made by the Board that that opinion was not well founded and shall be furnished by the Board, on request, with a copy of the foregoing submissions (or, if they were not written submissions, a written summary of them prepared by the Board).

(5) The party who referred the dispute concerned to the Board or, as the case may be, any other party to the dispute may appeal to the Circuit Court against a decision of the Board (made in consequence of the procedures under this section having been employed) not to deal with or, as appropriate, to deal with the dispute.

(6) On the hearing of such an appeal the Circuit Court may, as it thinks fit, allow the appeal and direct the Board to deal with or, as appropriate, not to deal with the dispute concerned or dismiss the appeal; an appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling is or was situated.

(7) For the purpose of subsection (1)(c), proceedings are statute-barred if a defence under the Statute of Limitations 1957 or any other limitation enactment is available in relation to them.

Annotations:

Amendments:

F90

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 40, S.I. No. 119 of 2016.

Right of Tribunal or adjudicator not to deal with reference.

85

85.—(1) The Tribunal or an adjudicator shall, if the Tribunal or adjudicator is of opinion that paragraph (a), (b), (c) or (d) of section 84 (1) applies to a dispute with which it or he or she is dealing, not deal any further with the dispute.

(2) Subsection (1) does not apply if—

( a) previously the Board, in consequence of the procedures under section 84 having been employed by it in relation to the dispute, decided that an opinion formed by it (being a like opinion to that subsequently formed by the Tribunal or adjudicator) in relation to the dispute was not well founded, or

( b) a decision of the Board, in consequence of those procedures having been employed by it, in relation to the dispute (being a decision of a like kind to the opinion subsequently formed by the Tribunal or adjudicator) was the subject of an appeal under section 84(5) and the Circuit Court, on that appeal, directed the Board to deal with the dispute.

Status of certain matters pending determination of dispute.

86

86.—(1) Subject to subsection (2), pending the determination of a dispute that has been referred to the Board (but subject to that determination when it is made)—

F91 [ (a) the rent payable

(i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and

(ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i) , shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant, ]

( b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and

( c) a termination of the tenancy concerned may not be effected.

(2) Subsection (1) does not apply if—

( a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,

( b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,

( c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—

(i) before the dispute was referred to the Board for resolution, or

(ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,

or

( d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82, 83, 84 or 85.

(3) The dispute mentioned in subsection (2)(c) is a dispute relating to the validity of the notice of termination concerned or the right of the landlord or tenant, as appropriate, to serve it.

Annotations:

Amendments:

F91

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 41, S.I. No. 119 of 2016.

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

87

87.—If a dispute referred to the Board relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.

Extension of time for referring disputes to Board.

88

88.—(1) The Board may, on application to it, extend the time limited by any provision of this or any other Part for the referral of a dispute to it for resolution F92 [ or an appeal under section 100 to the Tribunal against a determination of an adjudicator under section 97(4)(a) ] .

(2) The Board shall not extend the time concerned unless the applicant for the extension shows good grounds for why the time should be extended.

(3) The reference in this section to the time limited by any provision of this or any other Part for the referral of a dispute to the Board for resolution includes a reference to the time limited by such a provision for fulfilling any condition precedent that is required by the provision to be fulfilled before a particular dispute may be referred to the Board for resolution.

(4) An appeal shall lie to the Circuit Court (by the applicant for the extension or, as the case may be, any other party to the dispute concerned) against a decision of the Board under this section to, as appropriate—

( a) refuse to extend the time concerned, or

( b) extend the time concerned,

and, on the hearing of such an appeal, the Circuit Court may, as it thinks fit, confirm, vary or cancel the decision of the Board.

(5) An appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.

Annotations:

Amendments:

F92

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.

Chapter 2

Relationship between Part and certain other dispute resolution mechanisms

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

89

89.—For the avoidance of doubt, any dispute that has been the subject of proceedings instituted in any court before the commencement of this Part and which proceedings were discontinued by agreement of the parties after such commencement but before the court made its final determination in the matter may be the subject of a reference to the Board under this Part.

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

90

90.—(1) Notwithstanding any other enactment or any provision of the agreement itself, an arbitration agreement shall not operate to preclude a dispute to which the agreement applies from being referred to the Board for resolution unless the tenant at or after the time the dispute arises consents to the dispute being referred to arbitration.

(2) In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954.

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

91

91.—(1) To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.

(2) If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—

( a) to which that other person is a party, and

( b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,

then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.

Chapter 3

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

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

92

92.—(1) As soon as practicable after a dispute is referred to it, the Board may communicate with the parties for the purpose of—

( a) endeavouring to ensure that they are fully aware of the nature of the issue or issues the subject of the reference, and

( b) in cases where it considers the dispute is due to some basic misunderstanding of either or both of them as to the rights or obligations of landlords and tenants, achieving the objective mentioned in subsection (2).

(2) That objective is to have the issue or issues between the parties resolved by agreement between them without recourse being needed to the other procedures in this Part.

(3) Without prejudice to the generality of subsection (1), the communications by the Board under this section with the parties may, where it would be of assistance to the parties, include an indication by the Board, based on appropriate assumptions stated to the parties, of the typical outcome of issues of the kind concerned being determined under this Part.

(4) Any such indication shall be communicated by the Board as fully to one of the parties as the other or others and the Board, in its communications generally with the parties under this section, shall bear in mind the right of the parties to invoke all of the procedures under this Part that are available to them.

Invitation to parties to resolve matter through mediation.

93

93.—(1) Unless the steps (if any) taken under section 92 have resulted in the parties agreeing a resolution of the matter concerned, the Board shall request each of the parties to state whether he or she consents to the dispute being the subject of mediation under section 95 .

(2) If each of the parties states, in response to that request, that he or she consents to the dispute being the subject of such mediation the Board shall arrange for the matter to be the subject of mediation by a person appointed by it from amongst the panel of mediators under section 164(4) .

F93 [ (2A) No fee shall be payable by either party in respect of the arrangement by the Board, in accordance with subsection (2), for the matter to be the subject of mediation. ]

(3) If any of the parties fails to respond to a request under subsection (1) or responds by stating that he or she does not consent to the matter concerned being the subject of mediation under section 95 , the Board shall arrange for the matter to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4) .

(4) This section is subject to section 94 .

Annotations:

Amendments:

F93

Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 42(1), S.I. No. 4 of 2016, subject to transitional provision in subs. (2).

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

94

94.—Notwithstanding section 93 , the Board shall not be required to arrange for—

( a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—

(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164 (4) , or

(ii) refer the dispute to the Tribunal,

or

( b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.

Annotations:

Amendments:

F94

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.

Modifications (not altering text):

C12

Prospective affecting provision: para. (aa) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.

F94 [ (aa) mediation of the kind mentioned in that section in relation to a complaint referred to in section 76A in which case the Board may, as it thinks appropriate

(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4) , or

(ii) refer the dispute to the Tribunal, ]

Chapter 4

Mediation and adjudication

Mediation.

95

95.—(1) The following provisions apply to a mediation which the Board has arrange under section 93 in relation to a dispute.

(2) The person appointed under section 93(2) to conduct the mediation (“the mediator”) shall inquire fully into each relevant aspect of the dispute concerned, provide to, and receive from, each party such information as is appropriate and generally make such suggestions to each party and take such other actions as he or she considers appropriate with a view to achieving the objective mentioned in subsection (3).

(3) That objective is to have the issue or issues between the parties resolved by agreement between them without further recourse to the procedures under this Part being needed.

(4) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following—

( a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,

( b) a summary of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties (and this summary shall be contained in a document signed by each of the parties acknowledging that the matter or those matters are agreed to by them), and

( c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the F95 [ persons who participated in ] any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).

(5) The mediator shall, after preparing a report under subsection (4) , furnish a copy of it to the F95 [ Board ].

F96 [ (5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it.

(5B) In this section and section 96 , the date of the completion of the mediation means

(a) the date that the document referred to in subsection (3)(b) is signed by each of the parties, or

(b) where the document is signed by the parties on different dates, the later of those dates. ]

(6) F97 [ ]

Annotations:

Amendments:

F95

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016.

F96

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(3), S.I. No. 119 of 2016.

F97

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(4), S.I. No. 119 of 2016.

F98

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, not commenced as of date of revision.

Modifications (not altering text):

C13

Prospective affecting provision: subs. (5) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, not commenced as of date of revision.

(5) The mediator shall, after preparing a report under subsection (4) , furnish a copy of it to the F98 [ Director ].

F99 [ Procedures to be followed by Board following report of mediator

96

96. (1) Where

(a) the report furnished to the Board under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,

(b) a period of 10 days has elapsed from the date of the completion of the mediation, and

(c) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board,

the Board shall prepare a determination order under section 121 in respect of the dispute.

(2) Where

(a) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and

(b) the report furnished to the Board under section 95(5) states that

(i) there is no agreement between the parties that has resolved the dispute,

(ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or

(iii) there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board under section 95(5A) ,

the Board shall refer the dispute to the Tribunal.

(2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the commencement of this section. ]

Annotations:

Amendments:

F99

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 45, S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F100

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 2-4, not commenced as of date of revision.

Modifications (not altering text):

C14

Prospective affecting provision: subss. (1), (1)(a) and (2)(b) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 2-4, not commenced as of date of revision.

(a) the report furnished to the F100 [ Director ] under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,

...

F100 [ the Director shall prepare ] a determination order under section 121 in respect of the dispute.

...

(b) the report furnished F100 [ to the Director ] under section 95(5) states that—

...

Adjudication.

97

97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) or 94(a) in relation to a dispute.

(2) The person appointed under section 93(3) or 94(a) to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.

(3) For that purpose, the adjudicator may require either party to furnish to him or her, within a specified period, such documents or other information as he or she considers appropriate.

(4) The adjudicator shall determine the dispute by either—

( a) reaching a decision himself or herself in the matter, or

( b) subject to section 98 , declaring to the parties that he or she has adopted, as his or her determination of the dispute, a decision reached (through the adjudicator's assistance under subsection (5)) by the parties themselves in resolution of the matter,

and the reference in paragraph (a) to the adjudicator’s reaching a decision in the matter shall be deemed to include a reference to his or her deciding not to deal with the dispute in accordance with section 85 .

(5) Where the adjudicator considers it would be of practical benefit, the adjudicator may provide assistance to the parties with a view to the parties themselves reaching a decision in resolution of the matter concerned; such assistance may include the adjudicator’s stating to the parties any provisional conclusion he or she has reached in relation to any of the issues concerned.

(6) Any statement of such a conclusion shall—

( a) not be made in relation to any issue of fact which is in dispute between the parties, unless the parties request the making of such a statement,

( b) not be made before every document submitted to the adjudicator by the parties and any initial oral submissions made by them have been considered by the adjudicator, and

( c) be accompanied by a statement, whether oral or in writing, that the conclusion is of a provisional nature and its making does not absolve the adjudicator of his or her duty to determine the dispute impartially and in accordance with the requirements of procedural fairness.

(7) The adjudicator may, in his or her discretion, permit another person to appear on a party's behalf at any hearing before the adjudicator.

Annotations:

Amendments:

F101

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 46, not commenced as of date of revision.

Modifications (not altering text):

C15

Prospective affecting provision: subss. (1) and (2) amended by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 46, not commenced as of date of revision.

97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) F101 [ , 94(a) or 94(aa) ] in relation to a dispute.

(2) The person appointed under section 93(3) F101 [ , 94(a) or 94(aa) ] to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.

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

98

98.—(1) A decision reached by the parties themselves in resolution of the matter concerned may not be the subject of a declaration under section 97(4)(b) unless—

( a) a period of F102 [ 10 days ] has elapsed from the date on which the parties first inform the adjudicator that such a decision has been reached by them, and

( b) in that period none of the parties has informed the adjudicator that he or she no longer accepts that decision.

(2) If, in the period mentioned in subsection (1), the adjudicator is informed by any of the parties that he or she no longer accepts the decision mentioned in that subsection, the adjudicator shall, subject to conducting any further hearings in the matter as he or she thinks appropriate, proceed to reach a decision himself or herself in the matter.

(3) The adjudicator shall indicate to the parties the effect of this section upon being first informed by them that a decision has been reached by them in resolution of the matter concerned.

(4) That indication of the adjudicator shall also include an indication that the decision reached is not capable of being appealed to the Tribunal and shall become binding on the parties on a determination order under section 121 being made in relation to it.

Annotations:

Amendments:

F102

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 47, S.I. No. 119 of 2016.

Adjudicator's report.

99

99.—(1) As soon as practicable after an adjudicator has made a determination under section 97 in relation to a dispute, the adjudicator shall prepare a report containing the following—

( a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,

( b) a summary of the matters (whether they go in whole or part to resolving the dispute or not) agreed to by the parties,

( c) the terms of the determination made by the adjudicator,

( d) in the case of a determination under section 97(4)(a) , a summary of the reasons for the determination, and

( e) relevant particulars in relation to the conduct of the adjudication (including particulars in relation to the number and duration of hearings held by the adjudicator, the persons who attended any such hearing and any documents submitted to the adjudicator).

(2) The adjudicator shall, after preparing a report under subsection (1) , furnish a copy of it to the Board.

(3) After the receipt by it of a report under subsection (2), the Board shall serve on each of the parties a copy of the report and the following statement.

(4) That statement is one to the effect that the Board will follow the procedures under section 121 (which concerns the making of determination orders) in relation to the determination of the adjudicator unless, in the case of a determination under section 97(4)(a) , an appeal is made under, and in accordance with, section 100 against the determination and that appeal is not subsequently abandoned.

Annotations:

Amendments:

F103

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 5, not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subs. (4) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 5, not commenced as of date of revision.

(4) That statement is one to the effect that the F103 [ Director ] will follow the procedures under section 121 (which concerns the making of determination orders) in relation to the determination of the adjudicator unless, in the case of a determination under section 97(4)(a) , an appeal is made under, and in accordance with, section 100 against the determination and that appeal is not subsequently abandoned.

Appeal to Tribunal against adjudicator’s determination.

100

100.—(1) One or more of the parties may appeal to the Tribunal against a determination of an adjudicator under section 97(4)(a) .

(2) Such an appeal shall be made within F104 [ 10 working days ] from the date the Board serves on the party the report and statement referred to in section 99(3) .

Annotations:

Amendments:

F104

Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 43, S.I. No. 7 of 2017.

Provisions common to mediators and adjudicators.

101

101.—(1) In respect of a matter dealt with by him or her under this Chapter, the mediator or adjudicator shall—

( a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought reasonably be aware,

( b) act at all times in accordance with the highest standards of the professional body, if any, of which he or she is a member,

( c) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 95(4) or 99, otherwise than in accordance with those sections.

(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless the parties agree to the mediator or the adjudicator continuing to deal with the matter, the Board shall appoint another person from amongst the panel of mediators or adjudicators under section 164(4) to deal with the matter.

(3) References in this Part to the person appointed under section 93 (2) or (3) or section 94(a) to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).

(4) Subject to any rules under section 109 , the manner in which a mediation or adjudication is conducted shall be at the discretion of the mediator or adjudicator concerned but it shall be the duty of that person to ensure that the mediation or adjudication is conducted without undue formality.

Annotations:

Amendments:

F105

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.

Modifications (not altering text):

C17

Prospective affecting provision: subs. (3) amended by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.

(3) References in this Part to the person appointed under section 93 (2) or (3) or F105 [ 94(a) or 94(aa) ] to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).

Chapter 5

Tenancy Tribunal

Tenancy Tribunals and the “Tribunal”.

102

102.—(1) From time to time as occasion requires the Board shall cause to be constituted, for the purposes of this Part, one or more tribunals which or each of which shall be known as a “Tenancy Tribunal”.

(2) A reference in section 103 or any other provision of this Act to the “Tribunal” is a reference to whichever of the tribunals constituted under this section the provision concerned falls to be applied.

Annotations:

Editorial Notes:

E33

Tenancy Tribunals constituted under section deemed to have been validly constituted (28.01.2009) by Residential Tenancies (Amendment) Act 2009 (2/2009), s. 2(1)(b), commenced on enactment.

Membership of Tribunal, etc.

103

103.—(1) The number of members of the Tribunal shall be 3.

(2) Each of the members of the Tribunal shall be a person who is, for the time being, a member of the Dispute Resolution Committee.

(3) The members of the Tribunal shall be appointed by the Board.

(4) One of the members of the Tribunal shall be the chairperson of the Tribunal; F106 [ ] the Board shall determine which of the members shall be the chairperson.

(5) F106 [ ]

(6) The Tribunal shall be independent in the performance of its functions.

(7) A decision of a majority of the members of the Tribunal suffices for any purpose.

Annotations:

Amendments:

F106

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 49, S.I. No. 119 of 2016.

F107

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(a), not commenced as of date of revision.

F108

Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(b), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provision: subs. (1) substituted and subss. (1A)-(1D) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44, not commenced as of date of revision.

103.F107 [ (1) Subject to subsection (1A) , the number of members of the Tribunal shall be 3. ]

F108 [ (1A) (a) In respect of such matters as may be prescribed, the Tribunal shall, except where subsection (1B) applies, be composed of one member.

(b) Without prejudice to the generality of paragraph (a) , prescribed matters for the purposes of that paragraph may include any of the following matters:

(i) the retention or refund of a deposit;

(ii) the amount that ought to be initially set (in compliance with section 19 or 19A , as the case may be) as the amount of rent under a tenancy;

(iii) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review;

(iv) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement;

(v) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement;

(vi) a claim by a landlord for arrears of rent or other charges.

(c) There may be included in the same reference to a Tribunal to which this subsection relates disputes and, where appropriate, complaints, in respect of 2 or more matters prescribed for the purposes of this subsection.

(1B) (a) Where

(i) a matter that consists of or includes a dispute is referred to the Tribunal, and that Tribunal is composed of one member, and

(ii) the Tribunal, at any stage, considers that in the particular circumstances it would be appropriate to adjourn the hearing by it of the matter and request the Board to refer the dispute or complaint to a Tribunal composed of 3 members,

then the Tribunal may so refer the matter to the Board accordingly.

(b) Where the Board is requested under paragraph (a) to refer a matter, that consists of or includes a dispute, to a Tribunal, it may refer the matter to a Tribunal composed of 3 members.

(1C) Where the Tribunal is composed of one member, then subsections (4) and (7) do not apply to that Tribunal.

(1D) Where, in the same reference to a Tribunal, there is included disputes or complaints, in respect of 2 or more matters, and one or more of those disputes or complaints is not prescribed for the purposes of this subsection, the Board shall refer the matter to a Tribunal composed of 3 members. ]

Chapter 6

Dispute resolution by Tribunal

Determination of disputes by Tribunal: procedures generally.

104

104.—(1) This section and the other sections of this Chapter contain the principal provisions regarding the procedures to be adopted by the Tribunal in relation to the determination by it of a dispute, whether that dispute—

( a) has been referred to it by the Board under section 94 (which provides for the direct reference of a matter without mediation or adjudication taking place in relation to it),

( b) has been referred to it by the Board under F109 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), or

( c) is the subject of an appeal under section 100 from a determination of an adjudicator of the matter.

(2) The Tribunal shall hold one or more hearings for the purposes of determining the dispute.

(3) The parties to the dispute shall be given by the Tribunal notice (to be of the duration specified in subsection (5)) of the holding of a hearing.

(4) The following information shall be included in such a notice—

( a) the date, time, venue and purpose of the hearing,

( b) an outline of the substance of the matters to be dealt with at the hearing,

( c) an outline of the procedures to be adopted at the hearing,

( d) a reference to the provisions of this Act and any rules made under it that are relevant to the holding of the hearing,

( e) a statement that the Tribunal will, unless substantial grounds arise for its deciding to do otherwise, proceed with the hearing at the date and time concerned notwithstanding that a party does not attend the hearing,

( f) a statement that the Tribunal will determine the dispute notwithstanding that a party does not take part in the proceedings before the Tribunal, and

( g) any other information the Tribunal considers appropriate.

(5) The duration of the notice under subsection (3) shall be—

( a) at least 21 days beginning on the date of the giving of the notice, or

( b) such lesser period as the Board may specify where—

(i) one or more of the parties requests the Board to specify such a period and the other party or parties consent to such F109 [ a specification, ]

(ii) the dispute concerns alleged behaviour by the landlord or the tenant that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling concerned or the property containing F109 [ that dwelling, or ]

F110 [ (iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship. ]

(6) Each of the parties shall be entitled to and be given the opportunity to be heard at the hearing and to be represented and to present evidence and witnesses before the Tribunal.

(7) In the case of an appeal under section 100 , the Tribunal may have regard to the report of the adjudicator.

Annotations:

Amendments:

F109

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(a), (b)(i), (ii), S.I. No. 119 of 2016.

F110

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(b)(iii), S.I. No. 119 of 2016.

F111

Deleted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

F112

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

F113

Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

Modifications (not altering text):

C19

Prospective affecting provision: subs. (1)(b), (c) amended and (d) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

( b) has been referred to it by the Board under F109 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), F111 [ ]

( c) is the subject of an appeal under section 100 from a determination of an adjudicator of F112 [ the matter, or ]

F113 [ (d) has been referred to it by the Board under section 103(1B) . ]

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

105

105.—(1) The Tribunal may require that the evidence of a witness before it be given on oath.

(2) Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.

(3) For the purposes of its functions under this Part, the Tribunal may—

( a) summon witnesses to attend before it,

( b) administer an oath, and

( c) require any person to produce to the Tribunal any document in his or her power or control.

(4) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5) Any person who—

( a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,

( b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or

( c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,

is guilty of an offence.

(6) The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—

( a) that will be incurred by a person summoned to attend before it in so attending, or

( b) that have been incurred by a person summoned to attend before it in so attending,

shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.

Proceedings to be in public.

106

106.—(1) Proceedings before the Tribunal shall be conducted in public; this is without prejudice to an order that may be made under subsection (2).

(2) In the particular circumstances of a case, if the Board considers it appropriate to do so, it may make an order directing that the identities of all or one or more of the parties to a dispute over which the Tribunal has jurisdiction shall not be disclosed.

(3) A person who contravenes an order under subsection (2) is guilty of an offence.

Adjournments of hearing.

107

107.—The Tribunal may adjourn the hearing by it of a matter until a date specified by it.

Determination by Tribunal of dispute and notification to Board.

108

108.—(1) Unless it has sooner made a determination of the kind specified in subsection (2), the Tribunal shall, on completion of its hearing in relation to the dispute, make its determination in relation to the dispute and notify the Board of that determination.

(2) The determination firstly mentioned in subsection (1) is a decision by the Tribunal not to deal with the dispute in accordance with section 85 ; such a determination shall be notified to the Board by the Tribunal.

Chapter 7

Supplementary procedural matters

Power of Board to make procedural rules.

109

109.—(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.

(2) Without prejudice to the generality of subsection (1), rules under this section may—

( a) specify the forms to be used for referring a dispute to the Board under this Part,

( b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,

( c) specify that a fee of specified amount shall be paid to the Board in respect of the Board's initially dealing with a dispute or the following of any other procedure under this Part in relation to it F114 [ other than the procedure referred to in section 93(1) and 93(2) ] ,

( d) specify the period within which—

(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) to deal with or determine a dispute referred to the Board,

(ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,

(iii) F115 [ ]

(iv) the Board must serve the documents referred to in section 99(3) on each of the parties,

(v) a dispute must be referred under section 94, F116 [ 96(2) ] or 100 to the Tribunal,

(vi) the Board must, from the date of receipt by it of a determination of an adjudicator under section 97 (4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,

(vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,

(viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,

(ix) the Board must, from the date of receipt by it of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and

(x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.

(3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.

Annotations:

Amendments:

F114

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(a), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F115

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(c), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F116

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(d), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F117

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 6, 7, not commenced as of date of revision.

F118

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.

Modifications (not altering text):

C20

Prospective affecting provision: subs. (2)(d)(vi) and (ix) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 6, 7, not commenced as of date of revision.

(vi) F117 [ the Director must, from the date of receipt by the Board ] of a determination of an adjudicator under section 97 (4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,

...

(ix) F117 [ the Director must, from the date of receipt by the Board ] of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and

C21

Prospective affecting provision: subs. (2)(d)(i) amended by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.

(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) F118 [ or 94(aa) ] to deal with or determine a dispute referred to the Board,

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

110

110.—The title to any lands or property shall not be drawn into question in any proceedings before a mediator, an adjudicator or the Tribunal under this Part.

Power to enter and inspect dwelling.

111

111.—(1) Subject to subsection (3), a mediator, an adjudicator or a member of the Tribunal or the Board who is dealing with a dispute under this Part may, for the purposes of his or her functions under this Part, enter and inspect any dwelling to which the dispute relates.

(2) The powers under subsection (1) may be exercised in relation to a dwelling to which a dispute relates even though the dwelling is occupied by a person who takes no part in the proceedings concerned or initially takes part in them but subsequently withdraws from them.

(3) The powers under subsection (1) shall not, without the consent of that person, be exercised in relation to a dwelling occupied by a person referred to in subsection (2) unless, at least 24 hours before the date on which the person concerned intends to exercise those powers, he or she serves on the first-mentioned person a notice of that intention.

(4) A person mentioned in subsection (1) may authorise in writing a person who he or she is satisfied has an expertise in any area relevant to the dispute concerned (for example, engineering, valuation or surveying) to exercise the powers under that subsection in relation to the dwelling concerned; a person so authorised shall, if requested, produce to any person concerned his or her authorisation under this subsection before exercising the powers under subsection (1).

(5) A person who obstructs or impedes a person mentioned in subsection (1), or a person authorised under subsection (4), in the exercise of his or her powers under this section is guilty of an offence.

Obligations of confidentiality.

112

112.—(1) A mediator or adjudicator shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator or adjudicator in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.

(2) The conditions referred to in subsection (1) are—

( a) the person who makes the statement or supplies the information consents to its disclosure,

( b) the mediator or adjudicator has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,

( c) the disclosure is for the purpose of proceedings for an offence under section 113 ,

( d) it would not be possible for the mediator or adjudicator to deal with or determine the dispute concerned without disclosing the statement or information.

(3) A statement or information is of a confidential nature for the purposes of subsection (1) if—

( a) it was expressed to be of such a nature by the maker or supplier of it to the mediator or adjudicator, or

( b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator or adjudicator ought reasonably to have concluded that it was of such a nature.

(4) A person who contravenes subsection (1) is guilty of an offence.

Offence of providing false information to Board.

113

113.—A person is guilty of an offence if—

( a) he or she makes a statement or supplies information to an adjudicator, the Tribunal or the Board in connection with the performance by the adjudicator, Tribunal or Board of his or her or its functions under this Part in relation to a dispute,

( b) that statement or information is false or misleading in a material respect, and

( c) the person knows that that statement or information is so false or misleading.

Certain proceedings and acts privileged.

114

114.—(1) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator for the purposes of, or in connection with, proceedings under this Part dealt with by it or him or her shall, for the purposes of the law of defamation, enjoy absolute privilege.

(2) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator that does not fall within subsection (1) but which is prepared or made for the purposes of, or in connection with, the performance by it or him or her of functions under this or any other Part of this Act shall, for the purposes of the law of defamation, enjoy qualified privilege.

Publication of certain statistics by Board

114A

F119 [ 114A. The Board shall publish statistics, including average waiting times and such other statistics as may be prescribed, in relation to the performance of its functions under section 151(1)(a) in respect of each successive period of 3 months in every calendar year. ]

Annotations:

Amendments:

F119

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 46, commenced as per s. 1(3)(b).

Editorial Notes:

E34

The section heading is taken from the amending section in the absence of one included in the amendment.

Chapter 8

Redress that may be granted under this Part

Redress that may be granted on foot of determination.

115

115.—(1) A power conferred by this Part on an adjudicator or the Tribunal to make a determination in relation to a dispute includes a power to make such declarations or give such directions as the adjudicator or the Tribunal thinks appropriate for the purpose of providing relief to one, or more than one as appropriate, of the parties.

(2) Without prejudice to the generality of subsection (1) and the subsequent provisions of this Chapter, one or more of the following declarations or directions, as appropriate, may be made or given in respect of a dispute—

( a) a direction that a specified amount of rent or other charge shall be paid on, or on and from, or by a specified date,

( b) a declaration as to whether or not an amount of rent set under a tenancy of a dwelling complies with F120 [ subsection (1) or (4) of section 19 ] (and if the declaration is that that amount does not so comply, the declaration shall be accompanied by an indication by the adjudicator or the Tribunal as to what amount, in his or her or its opinion, would comply F120 [ with either of those subsections ],

( c) a direction as to the return or payment, in whole or in part, of the amount of a deposit,

( d) a direction that a specified amount of damages or costs or both be paid,

( e) a direction that a dwelling be quitted by a specified date,

( f) a declaration as to the validity or otherwise of a notice of termination of a tenancy,

( g) a declaration with regard to the right to return to, or continue in, occupation of a dwelling (and such a declaration may include provision to the effect that any period of interruption in possession that has occurred is to be disregarded for one or more purposes),

( h) a declaration that a term of a lease or tenancy agreement is void by reason of section 184 ,

( i) F121 [ ]

(3) The amount (or, as appropriate, the aggregate of the amounts), other than costs or expenses of whatsoever kind, that an adjudicator or the Tribunal may direct to be paid to a party in respect of the matter (or, as appropriate, all of the matters) the subject of a dispute referred to the Board for resolution shall not exceed—

( a) if the amount or amounts consist solely of damages —€20,000,

( b) if the amount or amounts consist solely of an amount or amounts by way of arrears of rent or other charges —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this paragraph of €60,000),

( c) if the amount or amounts consist of both damages and an amount or amounts referred to in paragraph (b)

(i) in so far as the amount or amounts consist of damages —€20,000,

(ii) in so far as the amount or amounts consist of such other amount or amounts —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this subparagraph of €60,000).

F122 [ (4) Without prejudice to the generality of subsection (3) , an amount that is to be awarded in accordance with a direction relating to a failure to comply with section 16(f) or 16(g) shall be included in the amount referred to in subsection (3)(a) or, as the case may be, subsection (3)(c)(i) .

(5) The amount of costs or expenses that may be awarded to a party shall not exceed 1,000. ]

Annotations:

Amendments:

F120

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 47, commenced as per s. 1(3)(b).

F121

Repealed (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(2)(a), S.I. No. 119 of 2016.

F122

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, S.I. No. 119 of 2016.

F123

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.

Modifications (not altering text):

C22

Prospective affecting provision: subs. (6) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.

F123 [ (6) For the purposes of a direction under subsection (3) , where a complaint under section 76A was made, the amount that is directed under subsection (3) to be paid to a party when that complaint and the original dispute referred to in section 76A have been determined concurrently, shall include the amount of rent that was directed to be paid in the interim direction referred to in section 76B . ]

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

116

116.—If—

( a) the determination of an adjudicator or the Tribunal includes a direction that a dwelling, the subject of a tenancy, be quitted by a specified date,

( b) that tenancy is one out of which a sub-tenancy has been created, and

( c) the landlord, when he or she served a notice of termination on the tenant in respect of that tenancy, required the tenant to terminate that sub-tenancy,

then the determination may include a direction requiring the subtenant to quit the dwelling by a specified date.

Redress of an interim nature may be granted.

117

117.—(1) In addition to the powers conferred by this Part with respect to the determination of disputes, an adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.

(2) Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.

(3) As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.

(4) This section is without prejudice to section 189 and the power under subsection (1) may not be exercised in a manner which is inconsistent with or would derogate from any interim or interlocutory relief granted by the Circuit Court under that section.

Annotations:

Amendments:

F124

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: subs. (5) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.

F124 [ (5) Without prejudice to subsection (1) , in the case of a complaint referred to in section 76A , the adjudicator, or as the case may be the Tribunal, may, in dealing with the complaint, proceed to give such directions under this section as the adjudicator or Tribunal, considers appropriate for the purpose of providing relief of an interim nature (other than payment of arrears of rent) to the parties including a direction that pursuant to section 86(1)(a)

(a) the tenant shall continue to pay the rent payable under the tenancy, or

(b) the sub-tenant shall continue to pay the rent payable under the sub-tenancy,

pending the determination of the original dispute referred to in section 76A . ]

Discretion to refuse direction for possession.

118

118.—(1) If the inclusion of a direction in a determination that a party (“the first-mentioned person”) be permitted to resume possession of a dwelling, the subject of a tenancy, would cause hardship or injustice to a person (“the second-mentioned person”) not party to the dispute who is in possession of that dwelling, then the determination may, instead of including such a direction, include—

( a) a declaration that the first-mentioned person was wrongfully deprived of possession of the dwelling, and

( b) a direct