Residential Tenancies (Amendment) Act 2019

26.

Amendment of section 137A of Act of 2004

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

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

“(1) Subject to subsections (2) and (6), the fee that is required to accompany an application referred to in subsection (2A) of section 134 shall—

(a) in the case of an application made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €20, or

(b) in the case of an application made after that period—

(i) be €20, 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) The amount of the single fee referred to in subsection (2) shall—

(a) if the applications concerned are made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €85, or

(b) if the applications concerned are made after that period—

(i) be €85, 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 (2A) or (2B), as may be appropriate, of section 134” for “paragraph (a), (b) or (c) of section 134(2A)”, and

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

“(6) If an application referred to in subsection (2A) of section 134 is made after the expiration of the period specified in that subsection, 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)€5 in respect of each month or part of a month falling after such expiration.”.

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

Annotations:

Amendments:

F3

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

Modifications (not altering text):

C3

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

F3 [ (2) The amendment of section 137A of the Act of 2004 effected by this section shall not apply in relation to an application to which subsection (2A) of section 134 of that Act applies

(a) made after the commencement of this section, and

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