Residential Tenancies (Amendment) Act 2019

25.

Amendment of section 137 of Act of 2004

25. (1) Section 137 of the Act of 2004 is amended—

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

“(1) (a) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

(i) in the case of an application (other than an application referred to in paragraph (b)) made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €40, and

(ii) in the case of an application (other than an application referred to in paragraph (b)) made after that period—

(I) be €40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.

(b) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

(i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €40, or

(ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

(I) be €40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

(b) in subsection (2), by the substitution of “that a fee referred to in subsection (1)” for “for a fee specified in this section to”,

(c) by the substitution of the following subsection for subsection (4):

“(4) (a) The amount of the single fee referred to in subsection (2) shall—

(i) if the applications (other than an application referred to in paragraph (b)) concerned are made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €170, or

(ii) if the applications (other than an application referred to in paragraph (b)) concerned are made after that period—

(I) be €170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.

(b) The amount of the single fee referred to in subsection (2) shall—

(i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €170, or

(ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

(I) be €170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

(d) in subsection (5), by the substitution of “subsection (2) or (2B) of section 134” for “section 134 (2)(a) or (b)”,

(e) by the substitution of the following subsection for subsection (6):

“(6) If an application under subsection (1) of section 134 is made after the expiration of the period specified in subsection (2) or subsection (2B), as may be appropriate, the fee required to accompany that application shall be of such amount as is equal to the aggregate of—

(a) the fee that would have been payable had the application been made before the expiration of that period, and

(b)€10 in respect of each month or part of a month falling after such expiration.”.

(2) The amendment of section 137 of the Act of 2004 effected by this section shall not apply in relation to an application under subsection (1) of section 134 made after the commencement of this section that was required to be made at any time before such commencement.

Annotations:

Amendments:

F2

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

Modifications (not altering text):

C2

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

F2 [ (2) The amendment of section 137 of the Act of 2004 effected by this section shall not apply in relation to an application under subsection (1) of section 134 of that Act

(a) made after the commencement of paragraph (a) (as it relates to paragraph (a) of subsection (1) of the said section 137) of subsection (1) , and

(b) that was required to have been made at any time before such commencement. ]