Residential Tenancies Act 2004
Number 27 of 2004
RESIDENTIAL TENANCIES ACT 2004
REVISED
Updated to 26 July 2022
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 the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Civil Law (Miscellaneous Provisions) Act 2022 (Parts 2 and 3) (Commencement) Order 2022 (S.I. No. 374 of 2022), made 25 July 2022, 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 26 July 2022
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 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 99(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
• Local Government Rates and other Matters Act 2019 (24/2019), ss. 25, 26
• Residential Tenancies and Valuation Act 2020 (7/2020), other than s. 14
• Residential Tenancies Act 2020 (17/2020)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), Part 3
• Residential Tenancies Act 2021 (5/2021)
• Residential Tenancies (No. 2) Act 2021 (17/2021)
• Residential Tenancies (Amendment) Act 2021 (39/2021)
• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), Part 11 (ss. 91-99)
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
• Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)
• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022)
• Residential Tenancies (Amendment) Act 2021 (39/2021)
• Affordable Housing Act 2021 (25/2021)
• Residential Tenancies (No. 2) Act 2021 (17/2021)
• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)
• Residential Tenancies Act 2020 (17/2020)
• Residential Tenancies and Valuation Act 2020 (7/2020)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)
• Local Government Rates and other Matters Act 2019 (24/2019)
• Residential Tenancies (Amendment) Act 2019 (14/2019)
• Domestic Violence Act 2018 (6/2018)
• 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 Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2022 (S.I. No. 341 of 2022)
• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022 (S.I. No. 152 of 2022)
• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2021 (S.I. No. 723 of 2021)
• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2021 (S.I. No. 362 of 2021)
• Rent Pressure Zone (Administrative Area of Kildare County Council) Order 2020 (S.I. No. 380 of 2020)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) (No. 2) Order 2020 (S.I. No. 254 of 2020)
• Rent Pressure Zone (Local Electoral Area of Bandon - Kinsale) Order 2020 (S.I. No. 247 of 2020)
• Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) Order 2020 (S.I. No. 224 of 2020)
• Rent Pressure Zone (Local Electoral Area of Tullamore) Order 2020 (S.I. No. 140 of 2020)
• Rent Pressure Zone (Local Electoral Area of Mullingar) Order 2020 (S.I. No. 139 of 2020)
• Rent Pressure Zone (Local Electoral Area of Mallow) Order 2020 (S.I. No. 138 of 2020)
• Rent Pressure Zone (Local Electoral Area of Killarney) Order 2020 (S.I. No. 137 of 2020)
• Rent Pressure Zone (Local Electoral Area of Athy) Order 2020 (S.I. No. 136 of 2020)
• Rent Pressure Zone (Local Electoral Area of Strandhill) Order 2019 (S.I. No. 647 of 2019)
• Rent Pressure Zone (Local Electoral Area of Piltown) Order 2019 (S.I. No. 646 of 2019)
• Rent Pressure Zone (Local Electoral Area of Cobh) Order 2019 (S.I. No. 645 of 2019)
• Rent Pressure Zone (Local Electoral Area of Baltinglass) Order 2019 (S.I. No. 644 of 2019)
• Rent Pressure Zone (Local Electoral Area of Macroom) Order 2019 (S.I. No. 479 of 2019)
• Rent Pressure Zone (Local Electoral Area of Carlow) Order 2019 (S.I. No. 478 of 2019)
• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2019 (S.I. No. 353 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Waterford City South) Order 2019 (S.I. No. 326 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Waterford City East) Order 2019 (S.I. No. 325 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Trim) Order 2019 (S.I. No. 324 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Portlaoise) Order 2019 (S.I. No. 323 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Midleton) Order 2019 (S.I. No. 322 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Limerick City West) Order 2019 (S.I. No. 321 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Limerick City North) Order 2019 (S.I. No. 320 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Kilkenny) Order 2019 (S.I. No. 319 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Kells) Order 2019 (S.I. No. 318 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Graiguecullen - Portarlington) Order 2019 (S.I. No. 317 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Gort - Kinvara) Order 2019 (S.I. No. 316 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Gorey) Order 2019 (S.I. No. 315 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Fermoy) Order 2019 (S.I. No. 314 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Dundalk South) Order 2019 (S.I. No. 313 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Dundalk - Carlingford) Order 2019 (S.I. No. 312 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Athlone) Order 2019 (S.I. No. 311 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Athenry - Oranmore) Order 2019 (S.I. No. 310 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Arklow) Order 2019 (S.I. No. 309 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Ardee) Order 2019 (S.I. No. 308 of 2019)
• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. No. 287 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Navan) Order 2019 (S.I. No. 122 of 2019)
• Rent Pressure Zone (Local Electoral Area Of Limerick City East) Order 2019 (S.I. No. 121 of 2019)
• 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 Civil Law (Miscellaneous Provisions) Act 2022 (Parts 2 and 3) (Commencement) Order 2022 (S.I. No. 374 of 2022), made 25 July 2022, were considered in the preparation of this revision.
Number 27 of 2004
RESIDENTIAL TENANCIES ACT 2004
REVISED
Updated to 26 July 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section |
|
1. |
|
2. |
|
3. |
|
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. |
|
4. |
|
5. |
|
6. |
|
7. |
|
8. |
|
9. |
|
10. |
|
11. |
Tenancy Obligations of Landlords and Tenants
Provisions regarding landlord’s obligations
12. |
|
13. |
|
14. |
|
15. |
Duty owed to certain third parties to enforce tenant’s obligations. |
Provisions regarding tenant’s obligations
16. |
|
17. |
|
18. |
No contracting out from terms of section 12 or 16 permitted, etc. |
Rent and Rent Reviews
Security of Tenure
Preliminary
25. |
|
26. |
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. |
|
30. |
|
31. |
|
32. |
Termination of Part 4 tenancy
Additional statutory right — further Part 4 tenancy
40. |
Interpretation (Chapter 4). (Repealed) |
41. |
Further Part 4 tenancy on expiry of 6 year period. (Repealed) |
42. |
Termination of additional rights. (Repealed) |
Successive further Part 4 tenancies may arise
43. |
Purposes of Chapter. (Repealed) |
44. |
Construction of certain references. (Repealed) |
45. |
Further Part 4 tenancy to arise on expiry of previous tenancy. (Repealed) |
46. |
Terms of a further Part 4 tenancy. (Repealed) |
47. |
Application of Chapter 3 and section 42 to every further Part 4 tenancy. (Repealed) |
Rules governing operation of Part in cases of multiple occupants
Miscellaneous
54. |
|
55. |
|
56. |
Tenancy Terminations — Notice Periods and other Procedural Requirements
Scope of Part and interpretation provisions
57. |
|
58. |
Termination of tenancies restricted to means provided by this Part. |
59. |
|
60. |
|
61. |
Construction of certain references to periods of notice and duration of tenancies. |
What a valid notice of termination must contain
62. |
|
63. |
|
64. |
Reference to and validity of date of service of notice of termination. |
64A. |
Period of notice to be given
64B. |
|
65. |
|
66. |
|
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. |
Additional requirements and procedures where tenancy sub-let
Miscellaneous
73. |
|
74. |
Dispute Resolution
Referral of matters to Board for resolution
Relationship between Part and certain other dispute resolution mechanisms
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. |
|
94. |
Exceptions to section 93: direct reference of matter to Tribunal, etc. |
Mediation and adjudication
95. |
|
96. |
[Procedures to be followed by Board following report of mediator.] |
97. |
|
98. |
|
99. |
|
100. |
|
101. |
Tenancy Tribunal
102. |
|
103. |
Dispute resolution by Tribunal
Supplementary procedural matters
109. |
|
110. |
|
111. |
|
112. |
|
113. |
|
114. |
|
114A. |
Redress that may be granted under this Part
Determination orders and enforcement generally
121. |
|
122. |
|
123. |
|
124. |
|
125. |
Cancellation of determination order in cases of nonappearance. |
125A. |
|
126. |
Registration of Tenancies
Private residential tenancies register
127. |
|
128. |
|
129. |
|
130. |
Register and published register may be kept in electronic form. |
131. |
|
132. |
|
133. |
Confirmation to parties to tenancy as to particulars specified in an application under section 134. |
Procedure for registration
134. |
|
135. |
|
135A. |
|
135B. |
|
136. |
Particulars to be specified in application under section 134. |
137. |
|
137A. |
|
138. |
Updating of register and enforcement of requirement to register
139. |
|
140. |
|
141. |
|
142. |
|
143. |
|
144. |
Provision in aid of enforcement of registration requirements. |
144A. |
|
145. |
Further provisions in aid of enforcement of registration requirements. |
Data exchange — private residential tenancies
Complaints, Investigations and Sanctions
148R. |
|
148S. |
|
148T. |
|
148U. |
|
148V. |
|
148W. |
|
148X. |
|
148Y. |
|
148Z. |
|
148AA. |
Appeal to Circuit Court against decision to impose sanction. |
148AB. |
Application to Circuit Court to confirm decision to impose sanction. |
148AC. |
|
148AD. |
|
148AE. |
|
148AF. |
|
148AG. |
Relationship between investigation and criminal proceedings. |
Private Residential Tenancies Board
Establishment and principal functions of Board
149. |
|
150. |
|
151. |
|
152. |
Composition of Board
153. |
|
154. |
|
155. |
Meetings and committees
156. |
|
157. |
|
158. |
|
159. |
Management of Board
160. |
|
161. |
Staff of Board and superannuation matters
162. |
|
163. |
Appointment or engagement of certain persons
164. |
|
165. |
|
166. |
|
167. |
Supplemental provisions with regard to Board's administration and management
168. |
|
169. |
|
170. |
|
171. |
|
172. |
|
173. |
Financial and accountability provisions
174. |
|
175. |
|
176. |
|
177. |
|
177A. |
|
177B. |
Withdrawal by Board of interest from designated tenancy deposit account. |
178. |
Further provisions with respect to accounts (including their audit). |
179. |
|
180. |
|
180A. |
Reports to Minister concerning determination of complaints under section 76A. |
181. |
Miscellaneous
Protection for Sub-Tenancies Created out of Part 4 Tenancies
Improper Conduct
Provisions applicable to Oral Hearings conducted pursuant to section 148S or 148X
Oral Hearing conducted by authorised officer pursuant to section 148S(15)
Oral Hearing conducted by decision maker pursuant to section 148X(6) or (7)
Acts Referred to |
|
Adoption Acts 1952 to 1998 |
|
Arbitration Act 1954 |
|
Civil Liability Act 1961 |
|
Civil Service Commissioners Act 1956 |
|
Civil Service Regulation Acts 1956 to 1996 |
|
Companies Acts 1963 to 2003 |
|
Comptroller and Auditor General (Amendment) Act 1993 |
|
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 |
|
European Parliament Elections Act 1997 |
|
Finance Act 1999 |
|
Health Act 1970 |
|
Health (Eastern Regional Health Authority) Act 1999 |
|
Housing Act 1966 |
|
Housing Act 1988 |
|
Housing Acts 1966 to 1997 |
|
Housing Acts 1966 to 2002 |
|
Housing (Miscellaneous Provisions) Act 1992 |
|
Housing (Miscellaneous Provisions) Act 1997 |
|
Housing (Miscellaneous Provisions) Act 2002 |
|
Housing (Private Rented Dwellings) Act 1982 |
|
Housing (Traveller Accomodation) Act 1998 |
|
Interpretation Act 1937 |
|
Landlord and Tenant Act 1931 |
|
Landlord and Tenant (Amendment) Act 1980 |
|
Landlord and Tenant (Amendment) Act 1994 |
|
Landlord and Tenant (Ground Rents) (No. 2) Act 1978 |
|
Landlord and Tenant Law Amendment Act Ireland 1860 |
1860, c. 154 |
Local Government Act 2001 |
|
Organisation of Working Time Act 1997 |
|
Petty Sessions (Ireland) Act 1851 |
1851, c. 93 |
Planning and Development Act 2000 |
|
Public Offices Fees Act 1879 |
1879, c. 58 |
Social Welfare (Consolidation) Act 1993 |
|
Statute of Limitations 1957 |
|
Succession Act 1965 |
|
Taxes Consolidation Act 1997 |
|
Urban Renewal Act 1998 |
Number 27 of 2004
RESIDENTIAL TENANCIES ACT 2004
REVISED
Updated to 26 July 2022
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. [19th July 2004]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act modified in relation to cost rental dwellings (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32, S.I. No. 424 of 2021.
Application of Act of 2004
32. (1) Save insofar as it is excluded by this section or section 33, or otherwise inconsistent with this Part, the Act of 2004 shall—
(a) subject to subsection (2) of section 3 of the Act of 2004, apply to every cost rental dwelling, the subject of a tenancy, and
(b) notwithstanding paragraph (a), apply to a dwelling of a type referred to in subsection (2)(c) of section 3 of the Act of 2004.
...
C2
Application of Act restricted (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 13, commenced as per s. 1(3).
Prohibition on rent increases during emergency period
13. Notwithstanding the Act of 2004—
(a) an increase in the rent under the tenancy of a dwelling that, but for this section, would take effect during the emergency period shall not take effect during that period, and
(b) an increase (other than an increase that came into effect before 11 January 2021) in the rent under the tenancy of a dwelling shall not be payable in respect of the emergency period or any period falling during the emergency period.
C3
Application of Act restricted for emergency period (27.03.2020 to 27.06.2020, extended to 20.07.2020 and to 1.08.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), ss. 5-8, commenced on enactment, extended by S.I. No. 224 of 2020 and S.I. No. 254 of 2020.
Notices of termination under Act of 2004
5. (1) (a) A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.
(b) A tenant who, but for the operation of subsection (1), would not acquire any rights under Part 4 of the Act of 2004 shall not, by virtue of such operation, acquire such rights.
(2) (a) Subject to paragraph (b), where a notice of termination (that cites as a reason for the termination concerned the ground specified in paragraph 1 of the Table to section 34 of the Act of 2004) served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.
(b) If a dispute or complaint in respect of a matter that occasioned the giving of a notice to which paragraph (a) applies is referred to the Board in accordance with section 78 of the Act of 2004, that paragraph shall cease to have effect in relation to that notice—
(i) upon the expiration of 10 days from the making of a determination by an adjudicator under subsection (4) of section 97 of the Act of 2004 in relation to the dispute or complaint concerned save where an appeal from that determination is brought before the Tribunal, or
(ii) upon the making of a determination by the Tribunal under section 108 (other than a decision referred to in subsection (2) of that section) of the Act of 2004 in respect of such an appeal.
(3) Where a notice of termination (other than a notice of termination to which subsection (1) applies) referred to in section 34 of the Act of 2004 served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.
(4) (a) Where a notice of termination in respect of a tenancy of a dwelling of less than 6 months duration served before the emergency period specifies a termination date that falls during or after the emergency period, the termination date under that notice shall be deemed to be the revised termination date.
(b) A tenant shall not, by virtue of the operation of this subsection, acquire any rights under Part 4 of the Act of 2004.
(5) Section 67 of the Act of 2004 shall have effect during the emergency period as if, in subsection (3), “28 days” were substituted for “14 days”.
(6) In this section “revised termination date” means, in the case of a notice of termination served before the emergency period, the date immediately following the expiration of a period that consists of the aggregate of—
(a) the period of notice that remains unexpired on the commencement of the emergency period, and
(b) the emergency period.
(7) (a) Notwithstanding any of the provisions in this section, all proposed evictions in all tenancies in the State, including those not covered by the Act of 2004, are prohibited during the operation of the Emergency Measures in the Public Interest (Covid-19) Act 2020.
(b) For the avoidance of doubt, this section applies to all Local Authority and Approved Housing body dwellings.
(c) For the avoidance of doubt, all Travellers who are currently resident in any location should not during this crisis be evicted from that location except where movement is required to ameliorate hardship and provide protection and subject to consultation with the Travellers involved.
Prohibition on rent increases under Act of 2004
6. Notwithstanding the Act of 2004, an increase in the rent under the tenancy of a dwelling—
(a) that, but for this section, would take effect during the emergency period shall not take effect during that period, and
(b) shall not be payable in respect of any period falling during the emergency period.
Proceedings before Tenancy Tribunal
7. Subsection (1) of section 106 of the Act of 2004 shall not have effect during the emergency period.
Entitlement to remain in occupation of dwelling during emergency period
8. (1) A tenant—
(a) upon whom a notice of termination was served in accordance with the Act of 2004 before the commencement of the emergency period, and
(b) who has remained in occupation of the dwelling to which the notice relates from the expiration of the required period of notice (whether or not with the consent of the landlord concerned) until the date of the commencement of the emergency period,
shall be entitled to remain in occupation of the dwelling until the expiration of the emergency period subject to terms and conditions that shall be the same as the terms and conditions that applied in respect of the tenancy of the dwelling concerned immediately before the service of that notice, unless—
(i) the tenant is required to vacate the dwelling in accordance with a determination of an adjudicator under subsection (4) of section 97 of the Act of 2004, or
(ii) where an appeal from that determination is brought, the tenant is required to vacate the dwelling in accordance with a determination of the Tribunal under section 108 of that Act.
(2) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
C4
Application of Act extended to licences and licence agreements (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 37, S.I. No. 355 of 2019.
Application of Act of 2004 to certain licences
37. (1) The Act of 2004 shall apply to licences and licence agreements as it applies to tenancies of dwellings referred to in subsection (1A) of section 3 of that Act and tenancy agreements relating to such tenancies, subject to the following, and any other necessary, modifications:
(a) references to tenancy shall be construed as references to licence;
(b) references to tenancy agreement shall be construed as references to licensing agreement;
(c) references to landlord shall be construed as references to licensor;
(d) references to tenant (other than a tenant to whom the definition of “multiple tenants” in subsection (1) of section 48 applies) shall be construed as references to licensee;
(e) references to dwelling shall be construed as references to a residential unit (whether or not self-contained) situated in student accommodation;
(f) references to rent shall be construed as references to payments or charges (howsoever described) payable under a licence agreement to the licensor by any person (whether or not the licensee) in consideration of the licence concerned; and
(g) the deletion, in paragraph (a) of subsection (1) of section 12, of the words “and exclusive”.
(2) In this section—
“licence” means a licence—
(a) given by the owner (in this section referred to as the “licensor”) of student accommodation to a student (in this section referred to as the “licensee”), and
(b) created not earlier than one month after the commencement of this section,
permitting the licensee to enter and reside in a residential unit (whether or not self-contained) within that student accommodation in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor;
“licence agreement” means an agreement (whether or not in writing) between the owner of student accommodation and a student giving a licence to the student;
“owner” has the meaning assigned to it by section 96 of the Planning and Development Act 2000;
“student” means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012);
“student accommodation” means a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times under a licence—
(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,
(b) whether or not any such students are permitted to reside there outside of those times, and
(c) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose,
but does not include a building or part of a building used for the first-mentioned purpose where the licensor (other than a licensor who is not an individual) also resides in the building or part of the building concerned.
C5
Rights under collectively cited Residential Tenancies Acts not affected in certain circumstances (1.01.2019) by Domestic Violence Act 2018 (6/2018), s. 32, S.I. No. 532 of 2019.
Orders not to affect rights under certain enactments or estate or interest
32. (1) Where, by reason only of an interim barring order, emergency barring order or a barring order, a person is not residing at a place during any period, that person shall be deemed, for the purposes of any rights under the Statutes of Limitations, the Landlord and Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and 1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place during that period.
(2) Except in so far as the exercise by a respondent of a right to occupy the place to which a barring order, an interim barring order or an emergency barring order relates is suspended by virtue of the order, that order shall not affect any estate or interest in that place of that respondent or any other person.