Residential Tenancies (Amendment) Act 2015


Number 42 of 2015


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2015

REVISED

Updated to 31 May 2019


This Revised Act is an administrative consolidation of the Residential Tenancies (Amendment) Act 2015. 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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including Residential Tenancies (Amendment) Act 2019 (Commencement) Order 2019 (S.I. No. 230 of 2019), made 30 May 2019, 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 42 of 2015


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2015

REVISED

Updated to 31 May 2019


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 2019 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Residential Tenancies (Amendment) Act 2019 (14/2019), s. 1(2)). 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.

Residential Tenancies (Amendment) Act 2019 (14/2019), other than s. 38

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 1972, 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

Residential Tenancies (Amendment) Act 2019 (14/2019)

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Residential Tenancies (Amendment) Act 2015 (Commencement of Certain Provisions) Order 2018 (S.I. No. 37 of 2018)

Residential Tenancies (Amendment) Act 2015 (Section 17(c)) (Commencement) Order 2017 (S.I. No. 159 of 2017)

Residential Tenancies (Amendment) Act 2015 (Commencement of Certain Provisions) (No. 3) Order 2016 (S.I. No. 216 of 2016)

Residential Tenancies (Amendment) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 151 of 2016)

Residential Tenancies (Amendment) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 119 of 2016)

Residential Tenancies (Amendment) Act 2015 (Commencement of sections 30 and 42 and Part 4) Order 2016 (S.I. No. 4 of 2016)

Residential Tenancies (Amendment) Act 2015 (Commencement of Certain Provisions) Order 2015 (S.I. No. 631 of 2015)

All statutory instruments up to and including Residential Tenancies (Amendment) Act 2019 (Commencement) Order 2019 (S.I. No. 236 of 2019), made 30 May 2019, were considered in the preparation of this revision.


Number 42 of 2015


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2015

REVISED

Updated to 31 May 2019


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Interpretation

PART 2

Application of Principal Act to certain dwellings let by approved housing bodies to certain tenants

3. Amendment of section 3 of Principal Act

4. Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of Principal Act

5. Amendment of section 4 of Principal Act

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

7. Rent review for dwellings referred to in section 3(4) of Principal Act

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

9. Amendment of section 25 of Principal Act

10. Amendment of section 39 of Principal Act

11. Amendment of section 50 of Principal Act

12. Amendment of section 78 of Principal Act for purpose of Part 2

13. Change of name of Board

14. Change of name of register

15. Amendment of section 20 of Act of 2009

16. Amendment of section 134 of Principal Act

17. Amendment of section 137 of Principal Act

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

19. Amendment of section 138 of Principal Act

20. Amendment of section 144 of Principal Act

21. Amendment of section 176 of Principal Act

PART 3

Amendments of Principal Act

22. Amendment of section 8 of Principal Act

23. Amendment of section 12 of Principal Act

24. Amendment of section 16 of Principal Act

25. Amendment of section 20 of Principal Act

26. Amendment of section 22 of Principal Act

27. Additional requirements relating to termination by landlord

28. Amendment of section 34 of Principal Act

29. Amendment of section 35 of Principal Act

30. Slip or omission in notice of termination

31. Amendment of section 66 of Principal Act

32. Amendment of section 67 of Principal Act

33. Amendment of section 70 of Principal Act

34. Amendment of section 75 of Principal Act

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

36. Amendment of section 77 of Principal Act

37. Amendment of section 78 of Principal Act

38. Amendment of section 79 of Principal Act

39. Amendment of section 82 of Principal Act

40. Amendment of section 84 of Principal Act

41. Amendment of section 86 of Principal Act

42. Amendment of section 93 of Principal Act

43. Amendment of section 94 of Principal Act

44. Amendment of section 95 of Principal Act

45. Procedures to be followed by Board following report of mediator

46. Amendment of section 97 of Principal Act

47. Amendment of section 98 of Principal Act

48. Amendment of section 101 of Principal Act

49. Amendment of section 103 of Principal Act

50. Amendment of section 104 of Principal Act

51. Amendment of section 109 of Principal Act

52. Amendment of section 115 of Principal Act

53. Amendment of section 117 of Principal Act

54. Amendment of section 119 of Principal Act

55. Amendment of section 121 of Principal Act

56. Amendment of section 123 of Principal Act

57. Amendment of section 124 of Principal Act

58. Amendment of section 125 of Principal Act

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

60. Amendment of section 135 of Principal Act

61. Obligation to transmit deposit to Board

62. Amendment of section 136 of Principal Act

63. Amendment of section 139 of Principal Act

64. New sections 148A to 148Q inserted into Principal Act

65. Amendment of section 151 of Principal Act

66. Amendment of section 153 of Principal Act

67. Amendment of section 156 of Principal Act

68. Amendment of section 157 of Principal Act

69. Amendment of section 159 of Principal Act

70. Amendment of section 177 of Principal Act

71. Designated tenancy deposit account

72. Amendment of section 180 of Principal Act

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

PART 4

Transfer of functions of Tribunal established under Act of 1983 to Board

74. Interpretation

75. Dissolution of Tribunal

76. Transfer of functions of Tribunal to Board

77. Amendment of section 151 of Principal Act for purposes of Part 4

78. Transfer of land and other property

79. Transfers of rights, liabilities, etc., of Tribunal

80. Liability for loss

81. Provisions consequent on transfer of functions, etc.

82. Final accounts and final report

83. Expenses incurred by Minister

84. Repeal of certain provisions of Act of 1983

PART 5

Miscellaneous

85. Amendment of section 84 of Act of 2009

86. Repeals and miscellaneous amendments

87. Amendment of section 6 of Housing (Miscellaneous Provisions) Act 1992

SCHEDULE



Number 42 of 2015


RESIDENTIAL TENANCIES (AMENDMENT) ACT 2015

REVISED

Updated to 31 May 2019


An Act to amend and extend the Residential Tenancies Acts 2004 and 2009; to amend the Housing (Miscellaneous Provisions) Act 2009; to provide for the application of the Residential Tenancies Act 2004 to certain dwellings that are the subject of a tenancy; to provide for the restriction, in respect of the tenants of such dwellings, of certain entitlements of tenants under the Residential Tenancies Act 2004; to re-name the Private Residential Tenancies Board and the private residential tenancies register; to provide for the dissolution of the Rent Tribunal established under the Housing (Private Rented Dwellings) (Amendment) Act 1983 and for the transfer of its functions to the Residential Tenancies Board; to repeal certain provisions of the Housing (Private Rented Dwellings) (Amendment) Act 1983; to provide for the Private Residential Tenancies Board to hold, and return, deposits paid by tenants to landlords, for any interest received from the holding of such deposits by the Private Residential Tenancies Board to be retained by it for its use in respect of its performance of its functions under the Residential Tenancies Acts 2004 to 2015; to amend the Housing (Miscellaneous Provisions) Act 1992; in accordance with the exigencies of the common good, to provide, for a certain period, for the regulation of reviews of rent; to amend the periods of notice for the setting of new rents and the periods of notice for certain tenancy terminations; and to provide for related matters.

[4 th December, 2015]

Be it enacted by the Oireachtas as follows: