Residential Tenancies (Amendment) Act 2019

22.

Amendment of section 134 of Act of 2004

22. (1) Section 134 of the Act of 2004 is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling—

(a) on the commencement of the tenancy, and

(b) annually during the tenancy.”,

(b) in subsection (2), by—

(i) the substitution of “paragraph (a) of subsection (1)” for “this section”,

(ii) the insertion, in paragraph (a), of “(other than a tenancy to which paragraph (aa) applies)” after “in the case of a tenancy”,

(iii) the insertion of the following paragraph:

“(aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and”,

and

(iv) the insertion, in paragraph (b), of “and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019” after “passing of this Act”,

(c) in subsection (2A), by the substitution of “paragraph (a) of subsection (1)” for “this section” in each place that it occurs,

(d) by the insertion of the following subsections after subsection (2A):

“(2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

(2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019.”,

(e) in subsection (3)(b)—

(i) by the substitution of “subsection (4)” for “subsections (4) and (7)”,

(ii) in subparagraph (i), by the substitution of “section 137(1)” for “section 137(1)(b)(ii)”, and

(iii) in subparagraph (ii), by the substitution of “section 137A(1)” for “section 137A(1)(a) or as the case may be, the fee specified in section 137A(1)(b)”,

(f) in subsection (4), by the substitution of “paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A) or subsection (2B)” for “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii)”, and

(g) in subsection (5), by the substitution of the following paragraph for paragraph (a):

“(a) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1), or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1), has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A), or subsection (2B),”.

(2) (a) In relation to an application under subsection (1)(a) (inserted by subsection (1)) of section 134, if the date of the commencement of the tenancy falls within 3 months from the commencement of subsection (1), the landlord shall make the application under subsection (1)(a) of section 134, as so inserted, within 4 months from the commencement of subsection (1) and that application shall constitute compliance with subsection (2)(b)(ii)(II) of section 134.

(b) In relation to the first application under subsection (1)(b) (inserted by subsection (1)) of section 134, if the anniversary of the date of the commencement of the tenancy falls within 3 months from the commencement of subsection (1), the landlord shall make the application under subsection (1)(b) of section 134, as so inserted, within 4 months from the commencement of subsection (1) and that application shall constitute compliance with subsection (2B) (inserted by subsection (1)) of section 134.

Annotations:

Amendments:

F1

Substituted by Local Government Rates and Other Matters Act 2019 (24/2019), s. 26(a), not commenced as of date of revision.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (2) substituted by Local Government Rates and Other Matters Act 2019 (24/2019), s. 26(a), not commenced as of date of revision.

F1 [ (2) (a) If a tenancy (other than a tenancy to which subsection (1A) of section 3 applies) commences within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii) , (iii) and (iv) of paragraph (b) ), the application in respect thereof under paragraph (a) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding clause (II) of subparagraph (ii) of paragraph (b) of subsection (2) of that section, be made not later than 4 months from the said coming into operation.

(b) If the anniversary of the commencement of a tenancy falls within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii) , (iii) and (iv) of paragraph (b) ), the application in respect thereof under paragraph (b) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding subsection (2B) of that section, be made not later than 4 months from the said coming into operation. ]