Residential Tenancies Act 2004

Number 27 of 2004

RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 30 November 2023

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 Domestic, Sexual and Gender-Based Violence Agency Act 2023 (31/2023), enacted 28 November 2023, and all statutory instruments up to and including the Rent Pressure Zone (Administrative Area of Westmeath County Council) Order 2023 (S.I. No. 579 of 2023), made 27 November 2023, 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 30 November 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section
1.	Short title.
2.	Commencement.
3.	Application of Act.
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.	Notification to Minister of designations.
4.	Interpretation generally.
5.	“relevant date”, “landlord”, “tenant”, “lease”, etc.
6.	Service of notices.
7.	Service or giving of notice on behalf of another.
8.	Regulations and orders.
9.	Offences.
10.	Repeal and revocation.
11.	Expenses.

PART 2

Tenancy Obligations of Landlords and Tenants

Chapter 1

Provisions regarding landlord’s obligations

12.	Obligations of landlords.
13.	Section 12(1)(b): supplemental regulations.
14.	Prohibition on penalisation of tenants.
15.	Duty owed to certain third parties to enforce tenant’s obligations.

Chapter 2

Provisions regarding tenant’s obligations

16.	Obligations of tenants.
17.	Section 16: interpretation and supplemental.
18.	No contracting out from terms of section 12 or 16 permitted, etc.

PART 3

Rent and Rent Reviews

19.	Setting of rent above market rent prohibited.
19A.	Setting of rent under tenancy for dwellings referred to in section 3(4).
19B.	Restrictions on amounts payable.
20.	Frequency with which rent reviews may occur.
20A.	Rent review for dwellings referred to in section 3(4).
21.	Right to review of rent where none provided.
22.	Tenant to be notified of new rent.
22A.	Notification of change in amount of rent following review under section 20A.
23.	Proceedings for rent arrears.
24.	“Market rent”, references to rent reviews, etc.
24A.	Rent pressure zones.
24B.	Areas deemed to be rent pressure zones.
24BA.	Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone.
24C.	Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones.

PART 4

Security of Tenure

Chapter 1

Preliminary

25.	Non-application of Part.
26.	Greater security of tenure not affected.

Chapter 2

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.	“Part 4 tenancy”— meaning of that expression.
30.	Terms of Part 4 tenancy.
31.	Section 28 and 30: special cases.
32.	Further special case (sub-letting of Part 4 tenancy).

Chapter 3

Termination of Part 4 tenancy

33.	Restriction on termination by landlord.
33A.	Additional requirements relating to termination by landlord.
34.	Grounds for termination by landlord.
35.	Table to section 34: interpretation and supplemental.
35A.	Restriction on termination of certain tenancies by landlords.
36.	Termination by tenant.
37.	Deemed termination by tenant.
38.	Effect of assignment of Part 4 tenancy.
39.	Termination on tenant’s death.
39A.	Referral of notice of termination to adjudicator under Act of 2004.

Chapter 4

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)

Chapter 5

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)

Chapter 6

Rules governing operation of Part in cases of multiple occupants

48.	Interpretation (Chapter 6).
49.	General principle in relation to dwellings occupied by more.
50.	Entitlement of multiple occupant to benefit from Part 4 tenancy.
51.	Act of one of multiple tenants cannot prejudice the other's or others' rights.
52.	Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
53.	No separate Part 4 tenancy to arise in multiple tenant’s favour.

Chapter 7

Miscellaneous

54.	No contracting out from terms of Part permitted.
55.	Protection under this Part and long occupation equity.
56.	Damages for abuse of section 34 termination procedure.

PART 5

Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1

Scope of Part and interpretation provisions

57.	Purpose of Part.
58.	Termination of tenancies restricted to means provided by this Part.
59.	Exclusion of existing rules and enactments.
60.	Greater notice periods not affected.
61.	Construction of certain references to periods of notice and duration of tenancies.

Chapter 2

What a valid notice of termination must contain

62.	Requirements for a valid notice of termination.
63.	Date to be specified for purposes of section 62(1)(f).
64.	Reference to and validity of date of service of notice of termination.
64A.	Slip or omission in notice of termination.

Chapter 3

Period of notice to be given

64B.	Duration of tenancy for purposes of this Chapter.
65.	What this Chapter does.
66.	Period of notice where section 67 or 68 is inapplicable.
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.	Exception to requirements of sections 66 to 68.

Chapter 4

Additional requirements and procedures where tenancy sub-let

70.	Notices of termination in cases of tenancies that are sub-let.
71.	Procedures on foot of service of notice mentioned in section 70 in non-contentious case.
72.	Procedures on foot of service of notice in cases not falling under section 71.

Chapter 5

Miscellaneous

73.	Notice of termination by multiple tenants.
74.	Offence to do certain acts on foot of invalid termination.

PART 6

Dispute Resolution

Chapter 1

Referral of matters to Board for resolution

75.	Interpretation (Part 6).
76.	Right of referral by parties to tenancy and certain other persons.
76A.	Right of referral of complaint in respect of compliance with section 86(1)(a).
76B.	Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint.
77.	Right of referral in respect of breach of duty under section 15.
78.	Particular matters that may be referred (non-exhaustive list).
79.	Different matters may be the subject of a single reference.
80.	Time limit for referring particular type of dispute.
81.	Tenancies and sub-tenancies: referral of disputes concerning their termination.
82.	Withdrawal of matter referred to Board.
83.	Board not to deal with reference if fee not paid or tenancy not registered.
84.	Further right of Board not to deal with certain references.
85.	Right of Tribunal or adjudicator not to deal with reference.
86.	Status of certain matters pending determination of dispute.
87.	Remedial action taken by party in certain cases to be disregarded.
88.	Extension of time for referring disputes to Board.

Chapter 2

Relationship between Part and certain other dispute resolution mechanisms

89.	Dispute subject of discontinued court proceedings may be subject of reference.
90.	Arbitration agreement not effective to oust Board’s jurisdiction save in certain circumstances.
91.	Dispute may not be referred to Board where alternative remedy is being pursued.

Chapter 3

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.	Invitation to parties to resolve matter through mediation.
94.	Exceptions to section 93: direct reference of matter to Tribunal, etc.

Chapter 4

Mediation and adjudication

95.	Mediation.
96.	[Procedures to be followed by Board following report of mediator.]
97.	Adjudication.
98.	“Cooling-off” period for purposes of section 97(4)(b).
99.	Adjudicator’s report.
100.	Appeal to Tribunal against adjudicator's determination.
101.	Provisions common to mediators and adjudicators.

Chapter 5

Tenancy Tribunal

102.	Tenancy Tribunals and the “Tribunal”.
103.	Membership of Tribunal, etc.

Chapter 6

Dispute resolution by Tribunal

104.	Determination of disputes by Tribunal: procedures generally.
105.	Provisions in relation to evidence, summoning of witnesses, etc.
106.	Proceedings to be in public.
107.	Adjournments of hearing.
108.	Determination by Tribunal of dispute and notification to Board.

Chapter 7

Supplementary procedural matters

109.	Power of Board to make procedural rules.
110.	Title to lands or property not to be drawn into question.
111.	Power to enter and inspect dwelling.
112.	Obligations of confidentiality.
113.	Offence of providing false information to Board.
114.	Certain proceedings and acts privileged.
114A.	Publication of certain statistics by Board.

Chapter 8

Redress that may be granted under this Part

115.	Redress that may be granted on foot of determination.
116.	Determination may require sub-tenancy to be quitted in certain cases.
117.	Redress of an interim nature may be granted.
118.	Discretion to refuse direction for possession.
119.	Certain directions to be given in the case of arrears of rent.
120.	Circumstances of landlord or tenant not to be taken account of in certain cases.

Chapter 9

Determination orders and enforcement generally

121.	Determination orders.
122.	Provision to ensure consistency between determinations.
123.	Binding nature of determination orders.
124.	Enforcement of determination orders.
125.	Cancellation of determination order in cases of nonappearance.
125A.	Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement.
126.	Offence for failure to comply with determination order.

PART 7

Registration of Tenancies

Chapter 1

Private residential tenancies register

127.	Establishment of register.
128.	Published register.
129.	Inspection of published register.
130.	Register and published register may be kept in electronic form.
131.	Publication of aggregated details derived from register.
132.	Furnishing of entries in registers, etc.
133.	Confirmation to parties to tenancy as to particulars specified in an application under section 134.

Chapter 2

Procedure for registration

134.	Obligation to apply to register tenancy.
135.	Section 134: supplemental provisions.
135A.	Obligation to transmit deposit to Board.
135B.	Enforcement of obligations under section 135A.
136.	Particulars to be specified in application under section 134.
137.	Fee to accompany application under section 134.
137A.	Fee to accompany application under section 134(2A).
138.	Variation of fee in line with changes in value of money.

Chapter 3

Updating of register and enforcement of requirement to register

139.	Updating of particulars entered in the register.
140.	Amendment of register by Board of its own volition.
141.	Deletion from register of a tenancy.
142.	Presumption in relation to date of commencement of tenancy.
143.	Offence for furnishing false or misleading information.
144.	Provision in aid of enforcement of registration requirements.
144A.	Enforcement of requirement to update particulars.
145.	Further provisions in aid of enforcement of registration requirements.

Chapter 4

Data exchange — private residential tenancies

146.	Data exchange — private residential tenancies.
147.	Exchange of public service data.
147A.	Disclosure of certain information to Revenue Commissioners.
148.	Provision of details of tenancy to Revenue Commissioners.
148A.	Obligation of parties in relation to return of deposit.
148B.	Return of deposit by Board.
148C.	Agreement between the parties on the return of deposit.
148D.	Return by Board of deposit where joint agreed application made under section 148C.
148E.	Application for return of deposit where no agreement between the parties.
148F.	Notification by Board of application for return of deposit where no agreement between the parties.
148G.	Return of deposit where statement of agreement under section 148F received.
148H.	Notification to parties of statement of disagreement under section 148F.
148I.	Notification by Board where no statement of agreement, or disagreement, received within prescribed period.
148J.	Return of deposit where statement of agreement under section 148I received.
148K.	Notification to parties of statement of disagreement under section 148I.
148L.	Return of deposit where no notification of agreement or disagreement made.
148M.	Offence of furnishing false or misleading information in relation to return of deposit.
148N.	Notifications by Board for purposes of return of deposit.
148O.	Reference by party of return of deposit to Board as a dispute for resolution under Part 6.
148P.	Transitional provisions relating to transmission of deposits of certain tenancies.
148Q.	Enforcement of obligation under section 148P.

PART 7A

Complaints, Investigations and Sanctions

148R.	Interpretation (Part 7A).
148S.	Powers of authorised officer.
148T.	Complaint.
148U.	Board to appoint authorised officer and decision maker.
148V.	Notice of investigation.
148W.	Acknowledgment of contravention.
148X.	Investigation report and decision.
148Y.	Receipt of decision by Board.
148Z.	Decision and requirement of confirmation.
148AA.	Appeal to Circuit Court against decision to impose sanction.
148AB.	Application to Circuit Court to confirm decision to impose sanction.
148AC.	Provisions supplementary to sections 148AA and 148AB.
148AD.	Matters to be considered in determining nature of sanction.
148AE.	Publication of sanctions.
148AF.	Procedural rules.
148AG.	Relationship between investigation and criminal proceedings.

PART 8

Private Residential Tenancies Board

Chapter 1

Establishment and principal functions of Board

149.	Establishment day.
150.	Establishment of Board.
151.	Functions of Board.
152.	Model lease.

Chapter 2

Composition of Board

153.	Membership of Board.
154.	Supplemental provisions as to membership of Board.
155.	Chairperson of Board.

Chapter 3

Meetings and committees

156.	Meetings of Board.
157.	Committees of Board.
158.	Supplemental provisions as to committees of Board.
159.	Dispute Resolution Committee.

Chapter 4

Management of Board

160.	Director of Board.
161.	Supplemental provisions in relation to Director.

Chapter 5

Staff of Board and superannuation matters

162.	Staff of Board.
163.	Superannuation.

Chapter 6

Appointment or engagement of certain persons

164.	Mediators and adjudicators.
165.	Removal of an adjudicator from the panel.
166.	Consultants and advisers.
167.	Provision of services to Board.

Chapter 7

Supplemental provisions with regard to Board's administration and management

168.	Indemnification of certain persons.
169.	Membership of either House of the Oireachtas, etc.
170.	Disclosure of interests.
171.	Section 170: supplemental provisions.
172.	Disclosure of information.
173.	Seal of Board.

Chapter 8

Financial and accountability provisions

174.	Grants to Board.
175.	Borrowings by Board.
176.	Fees.
177.	Accounts.
177A.	Designated tenancy deposit account.
177B.	Withdrawal by Board of interest from designated tenancy deposit account.
178.	Further provisions with respect to accounts (including their audit).
179.	Accountability of Director to Oireachtas Committees.
180.	Reports and information to Minister.
180A.	Reports to Minister concerning determination of complaints under section 76A.
181.	Reports to Board.

PART 9

Miscellaneous

182.	Limitation on certain disputes being the subject of court proceedings.
183.	Guidelines to Board.
184.	Voidance of provisions designed to facilitate terminations.
185.	Obligation to inform prospective sub-tenant of nature of tenancy.
186.	Tenant may terminate where consent to assignment or subletting withheld.
187.	Duty of management companies in relation to certain complaints.
188.	Provision of information in relation to service charges by management companies.
189.	Jurisdiction in aid of Part 6 resolution procedure.
190.	Section 189: supplemental provisions.
191.	Long occupation equity (ability to renounce entitlement to it).
192.	Long occupation equity (prospective abolition of entitlement to it).
193.	Non-application of certain enactments.
194.	Deemed termination of tenancy to which Part 4 does not apply.
195.	Proposed overholding under a fixed term tenancy.
196.	Equal Status Act 2000 not prejudiced.
197.	Amendment of Housing (Miscellaneous Provisions) Act 1997.
198.	Amendment of Housing Act 1966.
199.	Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980.
200.	Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992.
201.	Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992.
202.	Regulations to remove difficulties.

SCHEDULE 1

Protection for Sub-Tenancies Created out of Part 4 Tenancies

SCHEDULE 2

Improper Conduct

SCHEDULE 3

Provisions applicable to Oral Hearings conducted pursuant to section 148S or 148X

PART 1

Oral Hearing conducted by authorised officer pursuant to section 148S(15)

PART 2

Oral Hearing conducted by decision maker pursuant to section 148X(6) or (7)

Acts Referred to
Adoption Acts 1952 to 1998
Arbitration Act 1954	1954, No. 26
Civil Liability Act 1961	1961, No. 41
Civil Service Commissioners Act 1956	1956, No. 45
Civil Service Regulation Acts 1956 to 1996
Companies Acts 1963 to 2003
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
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	2000, No. 8
European Parliament Elections Act 1997	1997, No. 2
Finance Act 1999	1999, No. 2
Health Act 1970	1970, No. 1
Health (Eastern Regional Health Authority) Act 1999	1999, No. 13
Housing Act 1966	1966, No. 21
Housing Act 1988	1988, No. 28
Housing Acts 1966 to 1997
Housing Acts 1966 to 2002
Housing (Miscellaneous Provisions) Act 1992	1992, No. 18
Housing (Miscellaneous Provisions) Act 1997	1997, No. 21
Housing (Miscellaneous Provisions) Act 2002	2002, No. 9
Housing (Private Rented Dwellings) Act 1982	1982, No. 6
Housing (Traveller Accomodation) Act 1998	1998, No. 33
Interpretation Act 1937	1937, No. 38
Landlord and Tenant Act 1931	1931, No. 55
Landlord and Tenant (Amendment) Act 1980	1980, No. 10
Landlord and Tenant (Amendment) Act 1994	1994, No. 20
Landlord and Tenant (Ground Rents) (No. 2) Act 1978	1978, No. 7
Landlord and Tenant Law Amendment Act Ireland 1860	1860, c. 154
Local Government Act 2001	2001, No. 37
Organisation of Working Time Act 1997	1997, No. 20
Petty Sessions (Ireland) Act 1851	1851, c. 93
Planning and Development Act 2000	2000, No. 30
Public Offices Fees Act 1879	1879, c. 58
Social Welfare (Consolidation) Act 1993	1993, No. 27
Statute of Limitations 1957	1957, No. 6
Succession Act 1965	1965, No. 27
Taxes Consolidation Act 1997	1997, No. 39
Urban Renewal Act 1998	1998, No. 27

Number 27 of 2004

RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 31 August 2023

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):

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.

...

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.

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.

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;

(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.

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.

Revised Acts

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Residential Tenancies Act 2004