Residential Tenancies Act 2004
Number 27 of 2004
RESIDENTIAL TENANCIES ACT 2004
REVISED
Updated to 18 October 2024
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 Planning and Development Act 2024 (34/2024), enacted 17 October 2024, and all statutory instruments up to and including the Valuation Act 2001 (Global Valuation) (Apportionment) (Uisce Éireann) Order 2024 (S.I. No. 548 of 2024), made 18 October 2024, 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 18 October 2024
ARRANGEMENT OF SECTIONS
Preliminary and General
Section |
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1. |
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2. |
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3. |
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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. |
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5. |
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6. |
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7. |
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8. |
|
9. |
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10. |
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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. |
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111. |
|
112. |
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113. |
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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. |
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148S. |
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148T. |
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148U. |
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148V. |
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148W. |
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148X. |
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148Y. |
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148Z. |
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148AA. |
Appeal to Circuit Court against decision to impose sanction. |
148AB. |
Application to Circuit Court to confirm decision to impose sanction. |
148AC. |
|
148AD. |
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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. |
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171. |
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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 |
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Adoption Acts 1952 to 1998 |
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Arbitration Act 1954 |
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Civil Liability Act 1961 |
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Civil Service Commissioners Act 1956 |
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Civil Service Regulation Acts 1956 to 1996 |
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Companies Acts 1963 to 2003 |
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Comptroller and Auditor General (Amendment) Act 1993 |
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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 |
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Health Act 1970 |
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Health (Eastern Regional Health Authority) Act 1999 |
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Housing Act 1966 |
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Housing Act 1988 |
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Housing Acts 1966 to 1997 |
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Housing Acts 1966 to 2002 |
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Housing (Miscellaneous Provisions) Act 1992 |
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Housing (Miscellaneous Provisions) Act 1997 |
|
Housing (Miscellaneous Provisions) Act 2002 |
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Housing (Private Rented Dwellings) Act 1982 |
|
Housing (Traveller Accomodation) Act 1998 |
|
Interpretation Act 1937 |
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Landlord and Tenant Act 1931 |
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Landlord and Tenant (Amendment) Act 1980 |
|
Landlord and Tenant (Amendment) Act 1994 |
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Landlord and Tenant (Ground Rents) (No. 2) Act 1978 |
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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 18 October 2024
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
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh Chomhairleoir
23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
Number and Year (1) |
Provision (2) |
Extent of Modification (3) |
No. 37 of 2001 |
Local Government Act 2001 |
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14. |
PART 2
Enactments for Purposes of Sections 10 and 26
Number and Year (1) |
Short Title (2) |
Provision (3) |
... |
... |
... |
No. 27 of 2004 |
Residential Tenancies Act 2004 |
The whole Act. |
... |
... |
... |
C2
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.
...
C3
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.
C4
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.
C5
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. 354 of 2019, as substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 26(d), S.I. No. 355 of 2019.
Application of Act of 2004 to certain licences
[37. (1) The Act of 2004 shall apply to licences to which this section applies 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 to which this section applies;
(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) This section does not apply to a licence in respect of student accommodation in which the licensor (other than a licensor who is not an individual) resides, and references in this section to licence to which this section applies shall be construed accordingly.
(3) 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 which this section applies to the student;
"owner" means, in relation to student accommodation, any person (other than a mortgagee not in possession) who has an estate or interest in that accommodation;
"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—
(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 said person’s residing there serves the first-mentioned purpose.]
C6
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.
PART 1
Preliminary and General
Short title.
1.—This Act may be cited as the Residential Tenancies Act 2004.
Commencement.
2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (6.12.2004) by Residential Tenancies Act 2004 (Commencement) (No. 2) Order 2004 (S.I. No. 750 of 2004).
2. The 6th day of December 2004 is appointed as the day on which the Residential Tenancies Act 2004 so far as uncommenced shall come into operation.
E2
Power pursuant to section exercised (1.09.2004) by Residential Tenancies Act 2004 (Commencement) Order 2004 (S.I. No. 505 of 2004).
2. The 1st day of September, 2004 is appointed as the day on which the following provisions of the Residential Tenancies Act 2004 shall come into operation:
(a) Part 1;
(b) Part 4;
(c) Part 5 (other than sections 71 and 72);
(d) Part 7;
(e) Part 8 (other than section 159(1));
(f) Part 9 (other than sections 182, 189, 190, paragraphs (a) and (d) of section 193, and subsections (4) and (5) of section 195); and
(g) the Schedule.
Application of Act.
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).
F1[(1A) (a) Subject to subsection (7), this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement of paragraph (a) of section 3 of the Residential Tenancies (Amendment) Act 2019) situated in a building, or part of a building, used for the sole purpose (subject to subparagraphs (i), (ii) and (iii)) of providing residential accommodation to students during academic term times under a tenancy—
(i) whether or not the building or part of the building concerned is used for any other purpose outside of those times,
(ii) whether or not any such students are permitted to reside there outside of those times, and
(iii) 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,
F2[but does not apply to a dwelling] in a building or part of a building used for the first-mentioned purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned.
(b) This subsection is without prejudice to subsection (1) and accordingly this Act shall, by virtue of that subsection—
(i) continue to apply to any dwelling to which it applied immediately before the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019 in the same manner as it applied to such dwelling before such commencement, and
(ii) apply to any dwelling—
(I) occupied by a student under a tenancy created on or after such commencement, and
(II) to which this Act would apply had sections 3 and 5 of the Residential Tenancies (Amendment) Act 2019 not been enacted,
in the same manner as it would apply to a dwelling referred to in subparagraph (i).
(c) The definition of "dwelling" in section 4 shall apply for the purposes of this subsection as if "residential unit (whether or not self-contained)" were substituted for "self-contained residential unit".
(d) In this subsection "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).]
(2) Subject to section 4(2), this Act does not apply to any of the following dwellings—
(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,
(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,
F3[(c) a dwelling that is let by or to a public authority and without prejudice to the generality of the foregoing, including a dwelling provided by a public authority to an approved housing body other than a dwelling referred to in subsection (2A),]
(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, the fee simple in respect of it,
(e) a dwelling occupied under a shared ownership lease,
(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,
(g) a dwelling within which the landlord also resides,
(h) a dwelling within which the spouse F4[, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,
(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.
F5[(2A) Where—
(a) a public authority provides a dwelling, of which it is the owner, to an approved housing body under a contract or lease between the public authority and the approved housing body pursuant to paragraph (ea) of section 6(2) of the Housing (Miscellaneous Provisions) Act 1992, and
(b) subsequent to such provision the dwelling concerned is the subject of a tenancy between the approved housing body concerned and a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),
for the purposes of subsection (1) and without prejudice to paragraph (c) of subsection (2) —
(i) this Act applies to that dwelling (including any such dwelling that is the subject of a tenancy created before the coming into operation of this subsection),
(ii) any such tenancy shall not, for the purposes of this Act, be treated as a sub-tenancy arising out of such lease or contract between the public authority and the approved housing body, and
(iii) references in this Act to a sub-tenancy shall not include a dwelling that is the subject of a tenancy between the approved housing body and the household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009.]
F6[(3) Notwithstanding the definition of “tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy F7[(other than a Part 4 tenancy)] the term of which is more than 35 years.]
F5[(4) Without prejudice to subsection (1), for the purposes of the application of this Act to—
(a) a dwelling referred to in subsection (2A), and
(b) a dwelling, other than a dwelling referred to in paragraph (a), that—
(i) F8[is provided by an approved housing body] to whom assistance is given under subsection (2) of section 6 of the Housing (Miscellaneous Provisions) Act 1992, other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body,
(ii) is the subject of a tenancy (including a tenancy created before the commencement of this subsection), and
(iii) is let by that approved housing body to a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),
subsections (5) and (6) (both inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) and sections 3A and 3B (both inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) shall apply to a dwelling referred to in paragraphs (a) and (b).
(5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)—
(a) the approved housing body concerned shall be deemed to be a landlord of such dwelling,
(b) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a dwelling, referred to in subsection (4)(a), shall be construed accordingly, and
(c) the person who is the tenant of the dwelling shall be construed in accordance with subsection (6).
(6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in paragraphs (a) and (b) of subsection (4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)—
(a) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling,
(b) where the household comprises 2 or more persons, whichever of those persons who has been granted occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and
(c) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, referred to in paragraph (a) or (b) of subsection (4), the subject of a tenancy, shall be construed accordingly.]
F1[(7) The following provisions of this Act shall not apply to a tenancy of a dwelling referred to in subsection (1A):
(a) paragraphs (k) and (n) of section 16, subsections (2) and (3) of section 78 and clause (II) of subparagraph (i) of paragraph (e) of subsection (4) of section 135;
(b) F9[sections 60, 70,] 71, 72, 73, 81, 185, 186 and 195;
(c) Part 4; and
(d) Schedule 1.]
Annotations
Amendments:
F1
Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 3(a), (b), S.I. No. 354 of 2019.
F2
Substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 25(1)(a), S.I. No. 355 of 2019.
F3
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(1), S.I. No. 151 of 2016.
F4
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.
F5
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(2), (3), S.I. No. 151 of 2016.
F6
Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(b), commenced on enactment.
F7
Inserted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(a), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
F8
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 31, S.I. No. 7 of 2017.
F9
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 3, commenced on enactment.
Modifications (not altering text):
C7
Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 25(3), not commenced as of date of revision.
Chapter 4 tenancy agreement.
25.— ...
(3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Act of 2004.
...
C8
Term “approved housing body” construed (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, S.I. No. 728 of 2021, art. 2(f).
Construction of certain references in other Acts or instruments made under Acts
68. References in—
(a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,
...
to—
(i) an approved housing body,
(ii) a housing body approved under section 6 of the Act of 1992,
(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or
(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,
as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.
C9
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. 354 of 2019, as substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 26(d), S.I. No. 355 of 2019.
Application of Act of 2004 to certain licences
[37. (1) The Act of 2004 shall apply to licences to which this section applies 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 to which this section applies;
(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) This section does not apply to a licence in respect of student accommodation in which the licensor (other than a licensor who is not an individual) resides, and references in this section to licence to which this section applies shall be construed accordingly.
(3) 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 which this section applies to the student;
"owner" means, in relation to student accommodation, any person (other than a mortgagee not in possession) who has an estate or interest in that accommodation;
"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—
(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 said person’s residing there serves the first-mentioned purpose.]
C10
Application of section restricted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2004), s. 36, S.I. No. 404 of 2014.
Restriction on application of Residential Tenancies Act 2004
36. Except in the case of a dwelling to which section 47 relates, a dwelling in respect of which housing assistance is provided under this Part shall not be construed as a dwelling let by or to a public authority for the purposes of section 3 (2)(c) of the Residential Tenancies Act 2004 .
Editorial Notes:
E3
Previous affecting provision: subs. (2)(c)(ii) amended (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(a), commenced on enactment; substituted as per F-note above.
F10[Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
3A.—(1) A tenant of a dwelling the subject of a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) shall not assign or sub-let the tenancy.
(2) Any sub-tenancy of a dwelling referred to in section 3(4) that is purported to be created shall be void.
(3) Any assignment of a dwelling referred to in section 3(4) that is purported to be made is void.
(4) Section 16(k) shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4).]
F11[(5) This section applies to a dwelling referred to in subsection (1A) of section 3 as it applies to a dwelling referred to in subsection (4) of section 3 and, accordingly, references in the preceding subsections of this section to the second-mentioned dwelling shall be construed as including references to the first-mentioned dwelling.]
Annotations
Amendments:
F10
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.
F11
Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 4, S.I. No. 354 of 2019.
F12[Application of Act to dwellings referred to in section 3(4): supplemental provisions
3B.—For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)—
(a) a reference in Part 4 to a "continuous period of 6 months", means a continuous period of 6 months that commences on or after the commencement of section 3(4),
(b) a reference in this Act to "relevant date" shall be construed as meaning the date on which section 3(4) of the Act is commenced,
(c) the ground specified in paragraph 4 of the Table to section 34 shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4),
(d) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of a dwelling the subject of a tenancy referred to in section 3(4),
(e) sections 19, 20, 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4), and
(f) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4).]
Annotations
Amendments:
F12
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2015.
F13[Notification to Minister of designations
3C.—Where an approved housing body makes a designation referred to in subsection (5) of section 25, it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation.]
Annotations
Amendments:
F13
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.
Interpretation generally.
4.—(1) In this Act, unless the context otherwise requires—
“adjudicator” shall be construed in accordance with section 164(2);
F14["approved housing body" means a body—
(a) approved under section 6(6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and
(b) to which—
(i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings F15[…], or
(ii) assistance referred to in section 6(2)(ea) of that Act is given;]
“authorised agent” shall be construed in accordance with section 12(1)(e);
F16["Board" shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015;]
“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;
“company” means a company within the meaning of the Companies Acts 1963 to 2003;
“contract of tenancy” does not include an agreement to create a tenancy;
“Director” shall be construed in accordance with section 160(1);
“Dispute Resolution Committee” shall be construed in accordance with section 157(2);
“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);
“establishment day” means the day appointed under section 149;
“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;
“further Part 4 tenancy” shall be construed in accordance with section 41(2) or 45(2), as appropriate;
F14["housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992;]
“local authority” means a local authority for the purposes of the Local Government Act 2001;
“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;
“mediator” shall be construed in accordance with section 164(1);
“Minister” means the Minister for the Environment, Heritage and Local Government;
“Part 4 tenancy” shall be construed in accordance with section 29;
“personal representative” has the same meaning as it has in the Succession Act 1965;
“planning permission” means a permission under section 34 of the Planning and Development Act 2000;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“public authority” means—
(a) a Minister of the Government or a body under the aegis of a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority,
F14[(ca) a housing authority,]
F17[(d) the Health Service Executive established under section 6 of the Health Act 2004,]
(e) F18[…]
(f) a voluntary body standing approved of by the Minister for Health and Children or by F19[the Health Service Executive] of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,
(g) F20[…]
(h) F21[…]
“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;
“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;
“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;
“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;
“tenancy agreement” includes an oral tenancy agreement;
“Tribunal” shall be construed in accordance with section 102(2).
(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.
(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—
(a) the second of the references in section 12(1)(h),
(b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17(1),
(c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,
(d) the references in subsection (2)(b) and (c) of section 25, and
(e) the second of the references in sections 136(h), 187(1) and 188(1).
(4) In this Act—
(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.
Annotations
Amendments:
F14
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 5, S.I. No. 151 of 2016.
F15
Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 32, S.I. No. 7 of 2017.
F16
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(2), S.I. No. 151 of 2016.
F17
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F18
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F19
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F20
Deleted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 5, S.I. No. 354 of 2019.
F21
Deleted (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43.
F22
Inserted by Planning and Development Act (34/2024), s. 631 and sch. 7 ref. no. 24, not commenced as of date of revision.
Modifications (not altering text):
C11
Prospective affecting provision: definition "planning permission" amended by Planning and Development Act (34/2024), s. 631 and sch. 7 ref. no. 24, not commenced as of date of revision.
“planning permission” means a permission under section 34 of the Planning and Development Act 2000 F22[or Chapter 3 of Part 4 of the Planning and Development Act 2024];
C12
Term “approved housing body” construed (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, S.I. No. 728 of 2021, art. 2(f).
Construction of certain references in other Acts or instruments made under Acts
68. References in—
(a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,
...
to—
(i) an approved housing body,
(ii) a housing body approved under section 6 of the Act of 1992,
(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or
(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,
as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.
Editorial Notes:
E4
Previous affecting provision: definition of “public authority” amended in para. (g) (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43; paragraph deleted as per F-note above.
“relevant date”, “landlord”, “tenant”, “lease”, etc.
5.—(1) In this Act—
“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;
“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;
“relevant date” means the date on which Part 4 is commenced F23[or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)];
“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;
“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.
(2) A reference in this Act to—
(a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and
(b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.
(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—
(a) legal costs or expenses, or
(b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.
(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection F24[and the amount of such costs shall not exceed €5,000].
Annotations
Amendments:
F23
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(2), S.I. No. 151 of 2016.
F24
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86 and sch., S.I. No. 119 of 2016.
Service of notices.
6.—(1) A notice F25[or other document] required or authorised to be served or given by or under F26[this Act, section 4 of the Residential Tenancies and Valuation Act 2020, section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 or section 5 of the Residential Tenancies (Amendment) Act 2021] shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:
(a) by delivering it to the person;
(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;
(c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;
(d) where the notice F25[or other document] relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.
(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.
(3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.
(5) A person who contravenes subsection (4) is guilty of an offence.
(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.
Annotations
Amendments:
F25
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.
F26
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 2, commenced on enactment.
Editorial Notes:
E5
Previous affecting provision: subs. (1) amended (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 15(1), commenced as per s. 1(3); substituted as per F-note above.
E6
Previous affecting provision: subs. (1) amended (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(3), commenced on enactment; substituted as per F-note above.
Service or giving of notice on behalf of another.
7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.
Regulations and orders.
8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
F27[(1A) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]
(2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).
(4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.
Annotations
Amendments:
F27
Inserted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 22, S.I. No. 37 of 2018.
Editorial Notes:
E7
Power pursuant to section exercised (7.07.2022) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2022 (S.I. No. 341 of 2022), in effect as per reg. 2.
E8
Power pursuant to section exercised (4.04.2022) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022 (S.I. No. 152 of 2022), in effect as per reg. 2.
E9
Power pursuant to section exercised (12.12.2021) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2021 (S.I. No. 723 of 2021), in effect as per reg. 2.
E10
Power pursuant to section exercised (16.07.2021) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2021 (S.I. No. 362 of 2021), in effect as per reg. 2.
E11
Power pursuant to section exercised (15.07.2019) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2019 (S.I. No. 353 of 2019), in effect as per art. 2.
E12
Power pursuant to section exercised (1.07.2019) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. No. 287 of 2019), in effect as per art. 2.
E13
Power pursuant to section exercised (9.05.2016) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 (S.I. No. 217 of 2016), in effect as per art. 2.
E14
Power pursuant to section exercised (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004.
E15
Previous affecting provision: power pursuant to section exercised (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016); revoked (4.04.2022) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022 (S.I. No. 152 of 2022), reg. 6, in effect as per reg. 2.
E16
Previous affecting provision: power pursuant to section exercised (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015); revoked (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016), reg. 3.
E17
Previous affecting provision: power pursuant to section exercised (15.05.2012) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2012 (S.I. No. 162 of 2012); revoked (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015), reg. 3.
Offences.
9.—(1) A person guilty of an offence under this Act F29[this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020] shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
(2) If the contravention in respect of which a person is convicted of an offence under F29[this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020] is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.
(3) Proceedings in relation to an offence under this Act F29[this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020] may be brought and prosecuted by the Board.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.
(5) Where a person is convicted of an offence under F29[this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020] the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.
Annotations
Amendments:
F28
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(4), commenced on enactment.
F29
Substituted (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 15(2)(a)-(d), commenced as per s. 1(3).
Editorial Notes:
E18
A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.
A fine of €250 translates into a class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 1, S.I. No. 662 of 2010.
E19
Previous affecting provisions: subss. (1), (2), (3), (5) amended (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(4), commenced on enactment; substituted as per F-note above.
Repeal and revocation.
10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.
(2) The Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996) are revoked.
Expenses.
11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2
Tenancy Obligations of Landlords and Tenants
Chapter 1
Provisions regarding landlord's obligations
Obligations of landlords.
12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—
(a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,
(b) subject to subsection (2), carry out to—
(i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992, and
(ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,
F30[(ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned,]
(c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy—
(i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and
(ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling,
(d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,
(e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,
(f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,
(g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—
(i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and
(ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or
(II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,
(h) if the dwelling is one of a number of dwellings comprising an apartment complex—
(i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,
(ii) forward to the tenant any initial response by the management company to that complaint, and
(iii) forward to the tenant any statement in writing of the kind referred to in section 187(2) made by the management company in relation to that F31[complaint,]
F32[(i) in the case of a tenancy of a dwelling in a rent pressure zone (within the meaning given in section 19(7)), where the tenancy commences on or after the commencement of section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016, furnish the tenant, in writing, with the following information at the commencement of the tenancy:
(i) the amount of rent that was last set under a tenancy for the dwelling;
(ii) the date the rent was last set under a tenancy for the dwelling;
(iii) a statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to section 19 F33[…].]
(2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16(f).
(3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.
(4) Subsection (1)(d) applies and has effect subject to the following provisions:
(a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—
F34[(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or]
(ii) compliance with section 16(f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16(f) is equal to or greater than the amount of the deposit,
F34[(b) where, at the date of the request for return or repayment, there is a default in—
(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or
(ii) compliance with section 16(f),
and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).]
(5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.
Annotations
Amendments:
F30
Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(a), commenced on enactment.
F31
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 33, in effect as per s. 1(3)(b).
F32
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 33, in effect as per s. 1(3)(b).
F33
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 4, commenced on enactment.
F34
Substituted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(b), (c), commenced on enactment.
F35
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(a), (b), not commenced as of date of revision.
F36
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(c), not commenced as of date of revision.
Modifications (not altering text):
C13
Prospective affecting provision: subs. (1)(d) substituted, subs. (4) amended and subs. (6) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23, not commenced as of date of revision.
F35[(d) where a deposit is paid by the tenant to the landlord on entering into the agreement for the tenancy or lease—
(i) transmit the deposit to the Board in accordance with this Act, and
(ii) for the purpose of the effecting, by the Board, the return of that deposit to the tenant, subject to the conditions specified in subsection (4), and ascertaining, for the purpose of such return, if a default referred to in that subsection is to be taken into account—
(I) respond to the notification of the Board that relates to the return of the deposit in accordance with this Act,
(II) provide information, in accordance with this Act, to the Board of any such default,
(III) notify the Board, as soon as practicable, of any change in the information provided to the Board under section 136(1)(b) in respect of his or her address for correspondence, and
(IV) notify the Board on or as soon as practicable after the end of the tenancy with a statement, in the prescribed form, that he or she requires a default referred to in subsection (4) to be taken into account by the Board,]
...
(4) F35[A deposit referred to in subsection (1)(d) shall, in accordance with this Act, be returned to the tenant] subject to the following provisions:
...
F36[(6) A landlord shall send a copy of the notification referred to in subsection (1)(d)(ii)(IV) to the tenant at the same time as he or she sends the notification to the Board.]
Section 12(1)(b): supplemental regulations.
13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12(1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings.
(2) In making regulations under this section, the Board—
(a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation,
(b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.
(3) Different regulations may be made under this section in respect of different classes of dwelling.
Prohibition on penalisation of tenants.
14.—(1) A landlord of a dwelling shall not penalise a tenant for—
(a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,
(b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),
(c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or
(d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.
(2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.
(3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—
(a) the frequency or extent to which the right is exercised in relation to the tenant,
(b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and
(c) any other relevant circumstances,
it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.
(4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.
Duty owed to certain third parties to enforce tenant's obligations.
15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.
(2) In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.
(3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.
(4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.
Chapter 2
Provisions regarding tenant's obligations
Obligations of tenants.
16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—
(a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—
(i) the rent provided for under the F37[tenancy agreement] on the date it falls due for payment, F38[…]
(ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any F37[other enactment), and]
F39[(iii) the deposit, if any, provided for under the tenancy agreement,]
(b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord’s obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992),
(c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,
(d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,
(e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,
(f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—
(i) the time that has elapsed from the commencement of the tenancy,
(ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and
(iii) any other relevant matters,
(g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose,
(h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,
(i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling,
(j) if any act of the tenant’s, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element),
(k) F40[subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let] the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),
(l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—
(i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,
(ii) in any other case, may, in his or her discretion, withhold,
(m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and
(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.
Annotations
Amendments:
F37
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 5(a), (c), commenced on enactment.
F38
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 5(b), commenced on enactment.
F39
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 5(d), commenced on enactment.
F40
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(3), S.I. No. 151 of 2016.
F41
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24(a), (b), not commenced as of date of revision.
F42
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24(c), not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective affecting provision: paras. (m) and (n) amended and para. (o) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 24, not commenced as of date of revision.
(m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, F41[withhold),]
(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the F41[dwelling, and]
F42[(o) where a deposit referred to in section 12(1)(d) has been paid to the landlord by the tenant, for the purpose of the effecting, by the Board, the return of the deposit to the tenant subject to the conditions specified in section 12(4) and ascertaining, for the purpose of such return, if a default referred to in section 12(4) is to be taken into account—
(i) to respond to the notification of the Board that relates to the return of the deposit in accordance with this Act,
(ii) to provide information, in accordance with this Act, to the Board of any such default, and
(iii) to notify the Board, as soon as practicable, of his or her address for correspondence when the tenancy has ended.]
C15
Application of para. (k) restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(4)(b), S.I. No. 424 of 2021.
Application of Act of 2004
32.— ...
(4) Subject to subsection (5), a tenant of a cost rental dwelling shall not assign or sub-let the cost rental tenancy and— ...
(b) section 16(k) of the Act of 2004 shall not apply to a cost rental tenancy.
Section 16:interpretation and supplemental.
17.—(1) In section 16—
“alter or improve”, in relation to a dwelling, includes—
(a) alter a locking system on a door giving entry to the dwelling, and
(b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling),
“behave in a way that is anti-social” means—
(a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,
(b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or
(c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation—
(i) by any other person residing in the dwelling concerned, of that dwelling,
(ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or
(iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.
(2) The reference in section 16(b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.
(3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).
(4) If the amount of the premium referred to in section 16(j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.
No contracting out from terms of section 12 or 16 permitted, etc.
18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16.
(2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.
(3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.
PART 3
Rent and Rent Reviews
Annotations
Modifications (not altering text):
C16
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
...
Setting of rent above market rent prohibited.
19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.
(2) The reference in this section to the setting of the rent under a tenancy is a reference to—
(a) the initial setting of the rent under the tenancy, and
(b) any subsequent setting of the rent under the tenancy by way of a review of that rent.
F43[(3) The setting of the rent under the tenancy of a dwelling that is carried out on or after the relevant date shall be subject to subsections (4) to (7).
F44[(4) (a) The setting (in this subsection referred to as the "next setting") of a rent under the tenancy of a dwelling in a rent pressure zone at any time after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021 shall neither—
(i) result in such increase in rent as would cause the new rent under the tenancy to exceed the old rent by more than the relevant percentage, nor
(ii) result in such increase in rent as would cause the ratio of the new rent under the tenancy to the old rent to exceed the ratio of the current HICP value to the previous HICP value.
(b) In this subsection—
"current HICP value" means the HICP value published by the Board in accordance with subsection (4C) relating—
(a) to the month immediately preceding the month in which the next setting takes place, or
(b) in a case in which the HICP value relating to the month first-mentioned in paragraph (a) is not so published on or before the next setting, to the month immediately preceding that month;
"new rent" means, in relation to the tenancy of a dwelling, the rent under the tenancy set at the next setting;
"old rent" means, in relation to the tenancy of a dwelling—
(a) the rent under that tenancy set at the previous setting, or
(b) where that tenancy is a new tenancy, the rent under the tenancy (immediately preceding the new tenancy) of that dwelling set at the previous setting;
"previous HICP value" means—
(a) in relation to a previous setting that took place before the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021, the HICP value published by the Board in accordance with subsection (4C) relating to the month in which the previous setting took place,
(b) in relation to a previous setting that takes place on or after such commencement—
(i) the HICP value published by the Board in accordance with subsection (4C) relating to the month immediately preceding the month in which the previous setting took place, or
(ii) in circumstances where the HICP value referred to in subparagraph (i) was not so published by the time the previous setting took place, the HICP value so published relating to the month immediately preceding the month first-mentioned in that subparagraph;
"previous setting" means, in relation to the next setting of a rent under the tenancy of a dwelling, the most recent setting (before the next setting) of the rent under—
(a) that tenancy of the dwelling, or
(b) where the next setting relates to a new tenancy of that dwelling, the tenancy of that dwelling immediately preceding the new tenancy;
"relevant percentage" means, in relation to the setting of the rent under the tenancy of a dwelling—
(a) 2 per cent of the old rent in respect of each year that has elapsed since the previous setting, and
(b) as respects any additional period that has elapsed between the previous setting and the next setting that is shorter than a year, such percentage as bears to 2 per cent the same proportion that that period bears to a year.
(c) For the purposes of this subsection, a tenancy immediately precedes a new tenancy if—
(i) it expired at any time—
(I) during the period of 2 years prior to the creation or coming into being of the new tenancy, or
(II) in the case of a new tenancy to which subparagraph (i) of paragraph (a) of subsection (5) applies, during the period of one year prior to the creation or coming into being of the new tenancy, and
(ii) no other tenancy was created or came into being during the period between the expiration of that tenancy and the creation, or coming into being, of the new tenancy.]
F45[(4A) F46[…]
(4B) F46[…]
(4C) The Board shall—
(a) establish and maintain a rent pressure zone calculator to calculate any increase in rent in a rent pressure zone in accordance with F47[subsection (4)], and
(b) publish and keep up to date a table of HICP values published by the Central Statistics Office.
(4D) The Minister, for the purposes of F47[subsections (4) and (4C)], may prescribe—
(a) the means by which the rent pressure zone calculator referred to in subsection (4C)(a) shall operate to accurately calculate any increase in rent in a rent pressure zone by applying the HICP values to the rent,
(b) the information to be furnished in the table referred to in subsection (4C)(b), F48[and]
(c) the form and manner of publication by the Board of that calculator and F47[table.]
(d) F49[…]]
(5) F50[Subsection (4) does not apply]—
F51[(a) to the rent first set under the tenancy of—
(i) a dwelling—
(I) in a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000, or
(II) that is such a structure,
provided that no tenancy in respect of that dwelling subsisted during the period of one year immediately preceding the date on which the tenancy concerned commenced, or
(ii) any other dwelling, provided that no tenancy in respect of that dwelling subsisted during the period of 2 years immediately preceding the date on which the tenancy concerned commenced,]
(b) if, in the period since the rent was last set under a tenancy for the dwelling—
(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and
(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be F52[greater than] the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling.
F53[(5A) For the purposes of paragraph (b) of subsection (5), a substantial change in the nature of the accommodation provided under the tenancy shall only have taken place where—
(a) the works carried out to the dwelling concerned—
(i) consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997)) of the dwelling by an amount equal to not less than 25 per cent of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works,
(ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings, or
(iii) result in any 3 or more of the following:
(I) the internal layout of the dwelling being permanently altered;
(II) the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;
(III) a permanent increase in the number of rooms in the dwelling;
(IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or
(V) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings,
and
(b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).]
F54[(5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling in a rent pressure zone, a landlord seeks to rely on subsection (5), the landlord shall—
(a) serve a notice in the prescribed form together with all relevant supporting information on the Board setting out the reasons why, in the landlord’s opinion, subsection (4) does not apply to the dwelling,
(b) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and
(c) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling.]
F55[(6) Where—
(a) a notice under section 22(2) has been served on the tenant, or
(b) the review of the rent concerned has commenced,
before the relevant date, or, F56[if an order is made by the Minister under section 24A(5) or (6A)] in respect of an area where the dwelling concerned is situate, before the date of the coming into operation of the order, then F50[subsections (3) and (4)] shall not apply to the new rent, referred to in section 22(2), stated in that notice in accordance with that section.]
F57[(6A) A person who fails to comply with the requirements of F58[subsection (4) F49[…]] shall be guilty of an offence.]
F59[(6B) A person, who in purported compliance with subsection (5B), furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.
(6C) A person who fails to comply with the requirements of subsection (5B) shall be guilty of an offence.]
(7) In this section—
F45["HICP values" means the values contained in the most recent data available monthly in the All-Items Harmonised Index of Consumer Prices in relation to Ireland and published monthly by the Central Statistics Office in accordance with Regulation (EU) 2016/7921of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No. 2494/95;]
F49[…]
"relevant date" means the date section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation;
"rent pressure zone" means an area—
(a) prescribed by the Minister by order under section 24A as a rent pressure zone under that section, or
(b) in respect of an area to which section 24B relates, deemed to be so prescribed by the Minister under section 24A.]
Annotations
Amendments:
F43
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 34, commenced as per s. 1(3)(b).
F44
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(a), commenced on enactment.
F45
Inserted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(b), (f), S.I. No. 361 of 2021.
F46
Deleted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(b), commenced on enactment.
F47
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(c), (d)(i), (iii), commenced on enactment.
F48
Inserted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(d)(ii), commenced on enactment.
F49
Deleted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(d)(iv), (g), (h), commenced on enactment.
F50
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(e), (f), commenced on enactment.
F51
Substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 25(1)(b), S.I. No. 355 of 2019.
F52
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(a), (b), S.I. No. 236 of 2019.
F53
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(c), S.I. No. 236 of 2019, subject to transitional provision in subs. (2).
F54
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(c), S.I. No. 286 of 2019.
F55
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(d), S.I. No. 236 of 2019.
F56
Substituted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(a), commenced as per s. 1(4).
F57
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(e), S.I. No. 236 of 2019.
F58
Substituted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(e), S.I. No. 361 of 2021.
F59
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(e), S.I. No. 286 of 2019.
F60
Substituted by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 24, not commenced as of date of revision.
Modifications (not altering text):
C17
Prospective affecting provision: subs. (5)(a)(i)(I) amended by Planning and Development Act 2024 (34/2024), s. 631 and sch. 7 ref. no. 24, not commenced as of date of revision.
(5) ...
(a) ...
(i) ...
(I) in a protected structure or proposed protected structure within the meaning of the F60[Planning and Development Act 2024], or ...
C18
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. (1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
...
Editorial Notes:
E20
Review of operation of subs. (4) provided (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021, s. 3(2), commenced on enactment.
E21
Previous affecting provision: subss. (5), (6) amended (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(c), (d), S.I. No. 361 of 2021; substituted (11.12.2021) as per F-note above.
E22
Previous affecting provision: definition of "new date" inserted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(f), S.I. No. 361 of 2021; deleted (11.12.2021) as per F-note above.
E23
Previous affecting provision: subs. (4) amended (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(a), S.I. No. 361 of 2021; subsection substituted as per F-note above.
E24
Previous affecting provision: subs. (4) amended (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(a), S.I. No. 236 of 2019; subsection substituted as per F-note above.
E25
Previous affecting provision: subs. (5)(a) substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(b), S.I. No. 236 of 2019; substituted as per F-note above.
F61[Setting of rent under tenancy for dwellings referred to in section 3(4)
19A.—(1) In setting the rent under the tenancy of a dwelling referred to in section 3(4) the amount of rent under the tenancy of a dwelling—
(a) referred to in paragraph (a) of section 3(4), shall be determined in accordance with the contract or lease referred to in section 3(2A), and
(b) referred to in paragraph (b) of section 3(4), shall be determined in accordance with the terms of the assistance referred to in that paragraph.
(2) Where there is a subsequent setting of rent under a tenancy referred to in subsection (1) by way of a review under section 20A, the amount of rent set following such review shall be determined—
(a) in the case of a dwelling referred to in paragraph (a) of subsection (1), in accordance with the contract or lease referred to in that paragraph, and
(b) in the case of a dwelling referred to in paragraph (b) of subsection (1), in accordance with the assistance referred to in that paragraph.]
Annotations
Amendments:
F61
Inserted (7.04.2016) by Residential Tenancies Act 2015 (42/2015), s. 6, S.I. No. 151 of 2016.
Modifications (not altering text):
C19
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. (1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E26
The section heading is taken from the amending section in the absence of one included in the amendment.
F62[Restrictions on amounts payable
19B.—(1) F63[Payment shall not be sought from a person or a person shall not be required,] for the purpose of securing a tenancy, to make any payment other than—
(a) an advance payment of rent, which shall be no greater than the amount of rent payable under the tenancy agreement in respect of a period of one month, and
(b) a deposit of an amount no greater than that payable under the tenancy agreement as rent in respect of a period of one month.
(2) A tenancy agreement shall not provide for an advance payment of rent, during the currency of the tenancy, which exceeds an amount that is payable under the tenancy as rent in respect of a period of one month and any payment made under paragraph (a) of subsection (1) shall be treated as an advance payment of rent for the purposes of this subsection.
(3) F63[Subject to subsection (3A) and notwithstanding] subsections (1)(a) and (2), a tenant of a dwelling referred to in subsection (1A) of section 3 may, if he or she so wishes, and with the agreement of his or her landlord, make an advance payment of rent which exceeds an amount that would be payable under the tenancy as rent in respect of a period of one month.
F64[(3A) An advance payment of rent may only be made in accordance with subsection (3) where the tenant is liable to pay both of the following to a single relevant provider:
(a) tuition fees;
(b) rent in respect of a tenancy.]
(4) Nothing in this section shall prevent a landlord from requiring a tenant to pay to him or her any monies arising from any outstanding legal obligations, whether on foot of the tenancy agreement, any previous tenancy or otherwise.
(5) This section shall apply to a tenancy created not earlier than one month after the passing of the Residential Tenancies (No. 2) Act 2021.]
F64[(6) In this section—
"landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out to have a dwelling available for occupation under a tenancy;
"relevant provider" has the meaning given to it by the Qualifications and Quality Assurance (Education and Training) Act 2012;
"tuition fees" has the meaning given to it by the Student Support Act 2011.]
Annotations
Amendments:
F62
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 7, commenced on enactment.
F63
Substituted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 2(1)(a), (b), S.I. No. 358 of 2024, subject to transitional provision in subs. (2).
F64
Inserted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 2(1)(c), (d), S.I. No. 358 of 2024, subject to transitional provision in subs. (2).
Modifications (not altering text):
C20
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E27
The section heading is taken from the amending section in the absence of one included in the amendment.
F65[Duration of tenancy for dwellings referred to in section 3(1A)
19C.—(1) The duration of a tenancy of a relevant dwelling shall not exceed a period of 41 weeks.
(2) A landlord shall not request that a person enters or require a person to enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which exceeds a period of 41 weeks.
(3) Notwithstanding subsection (1) or (2), a person may, at his or her request, and with the agreement of the landlord, enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which is a period of more than 41 weeks.
(4) In this section—
"landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out as having a relevant dwelling available for occupation under a tenancy;
"relevant dwelling" means a dwelling referred to in subsection (1A) of section 3.]
Annotations
Amendments:
F65
Inserted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 3, S.I. No. 358 of 2024, subject to transitional provision in subs. (2).
Editorial Notes:
E28
The section heading is taken from the amending section in the absence of one included in the amendment.
Frequency with which rent reviews may occur.
20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—
(a) more frequently than once in each period of 12 months, nor
(b) in the period of 12 months beginning on the commencement of the tenancy.
(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.
(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—
(a) the last review of the rent under the tenancy, or
(b) the commencement of the tenancy,
if, in that period—
(i) a substantial change F66[(within the meaning of subsection (5A) of section 19)] in the nature of the accommodation provided under the tenancy occurs, and
(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.
F67[(4) The references to "12 months" in—
(a) paragraphs (a) and (b) of subsection (1), and
(b) subsection (3),
shall, for the duration of the relevant period, be construed as references to "24 months".
(5) Subsections (4) and (6) shall cease to have effect on F68[1 January 2026] and from that day—
(a) paragraphs (a) and (b) of subsection (1), and
(b) subsection (3),
shall be read as if subsection (4) had not been enacted.
(6) In subsection (4), "relevant period" means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on F68[31 December 2025].]
Annotations
Amendments:
F66
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 8(a), commenced on enactment.
F67
Inserted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 25(1), commenced on enactment, subject to transitional provisions in subss. (2), (3).
F68
Substituted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(b)(i), (ii), commenced as per s. 1(4).
Modifications (not altering text):
C21
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E29
Previous affecting provision: subss. (5) and (6) substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 8(b), (c), commenced on enactment; substituted as per F-note above.
E30
Previous affecting provision: subss. (5) and (6) substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 7(a), (b), S.I. No. 236 of 2019; substituted as per F-note above.
F69[Rent review for dwellings referred to in section 3(4) of Principal Act
20A.—(1) A review of the rent under the tenancy of a dwelling referred to in section 3(4) shall be carried out in accordance with the tenancy agreement relating to the tenancy of the dwelling.
(2) Where a tenancy agreement referred to in subsection (1) does not include provision for a review of the rent of a dwelling referred to in section 3(4), subject to subsection (3), either party may require a review of the rent under the tenancy to be carried out for the purpose of setting the rent.
(3) A review referred to in subsection (2) shall not be carried out more than once in any 12 month period.]
Annotations
Amendments:
F69
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 7, S.I. No. 151 of 2016.
Modifications (not altering text):
C22
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E31
The section heading is taken from the amending section in the absence of one included in the amendment.
Right to review of rent where none provided.
21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20, require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.
Annotations
Modifications (not altering text):
C23
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Tenant to be notified of new rent.
22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.
(2) That condition is that, at least F70[90 days] before the date from which the new rent is to have effect, a notice F71[in the prescribed form] is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect F72[and the matters specified in subsection (2A)].
F72[(2A) The notice referred to in subsection (2) shall—
(a) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect,
(b) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before—
(i) the date stated in the notice as the date from which that rent is to have effect, or
(ii) the expiry of 28 days from the receipt by the tenant of that notice,
whichever is the later,
(c) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to—
(i) the other terms of the tenancy, and
(ii) letting values of dwellings—
(I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and
(II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,
(d) specify, for the purposes of F73[paragraph (c)], and without prejudice to the generality of that paragraph, the amount of rent sought for 3 dwellings—
(i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and
(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,
F74[…]
(e) include the date on which the notice is F73[signed, F75[…]]
F76[(f) where the dwelling is in a rent pressure zone (within the meaning given in section 19(7)), state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does F77[not apply, and]]
F78[(g) where the dwelling is in a rent pressure zone (within the meaning given by section 19(7)) to which F79[section 19(4)] applies, state how any increase in the rent last set under the tenancy of the dwelling was calculated or, where F79[section 19(4)] does not apply, state why it does not apply.]
(2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent.
(2C) In this section "amount of rent sought" means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which the notice referred to in subsection (2) is served.]
(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—
(a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or
(b) the expiry of 28 days from the receipt by the tenant of that notice,
whichever is the later.
Annotations
Amendments:
F70
Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(i), commenced on enactment, subject to transitional provision in subs. (2).
F71
Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(ii), S.I. No. 216 of 2016.
F72
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(iii) and (b), S.I. No. 216 of 2016.
F73
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(a), (b), commenced as per s. 1(3)(b).
F74
Deleted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).
F75
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(a), commenced on enactment.
F76
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).
F77
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(b), commenced on enactment.
F78
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(c), commenced on enactment.
F79
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 4(a), commenced on enactment.
Modifications (not altering text):
C24
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
F80[Notification of change in amount of rent following review under section 20A
22A.—Where, following a review of rent under section 20A, there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable.]
Annotations
Amendments:
F80
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 8, S.I. No. 151 of 2016.
Modifications (not altering text):
C25
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E32
The section heading is taken from the amending section in the absence of one included in the amendment.
Proceedings for rent arrears.
23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.
Annotations
Modifications (not altering text):
C26
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
“Market rent”, references to rent reviews, etc.
24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—
(a) the other terms of the tenancy, and
(b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.
(2) References in this Part to a review of a rent include references to—
(a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and
(b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,
and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.
(3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—
(a) the oral agreeing of the rent,
(b) the oral or written notification of the rent, or
(c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.
Annotations
Modifications (not altering text):
C27
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
F81[Rent pressure zones
24A.—(1) The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone.
(2) As soon as practicable, but no later than 1 week after the date of receipt of the proposal under subsection (1), the Minister shall request the Director to make a report to the Minister (in this section referred to as a "rent zone report"), in such form as the Minister may approve, on whether, in so far as the area the subject of the proposal is concerned, the criteria specified in subsection (4) for designation as a rent pressure zone are satisfied.
(3) Within 2 weeks after the date that the Minister made the request under subsection (2), the Director shall furnish the Minister with the rent zone report.
(4) In making a rent zone report to the Minister, the Director shall confirm whether or not the following criteria have been met—
(a) the information relating to the area concerned, as determined by reference to the information used to compile each Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7 per cent in each of at least 4 of the 6 quarters (each being a period of 3 months that is contemporaneous with the period to which the Rent Index quarterly report concerned relates) preceding the period immediately prior to the date of the proposal by the Housing Agency to the Minister under subsection (1), and
F82[(b) the average rent (determined by reference to the information specified in paragraph (a)) in the area in respect of the 3 months to which the most recent Rent Index quarterly report applies is—
(i) in the case of the county of Kildare, the county of Meath, the county of Wicklow or a local electoral area in any one of those counties, above the average rent in the State (other than the Dublin Area) specified in that report, or
(ii) in the case of any—
(I) other county or local electoral area, or
(II) any city, city and county or local electoral area situated in such city or city and county,
above the average rent in the State (other than the Greater Dublin Area) specified in that report.]
(5) Where the Minister receives a rent zone report from the Director and the report confirms that the criteria in subsection (4) are satisfied, the Minister shall by order prescribe the area as a rent pressure zone for a specified period not exceeding 3 years.
(6) Where a local electoral area is prescribed by order as a rent pressure zone and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.
F83[(6A) Notwithstanding subsection (6), the Minister may, with respect to a local electoral area that was amended in the manner referred to in that subsection, and on a recommendation from the Housing Agency made following consultation with the relevant housing authority, prescribe by order, any part of that local electoral area that was not, before the amendment of the local electoral area concerned, subject to an order under subsection (5) or a previous order under this subsection, as a rent pressure zone for a specified period commencing on the date of the coming into operation of the order and ending on a date not later than 31 December 2025.]
(7) The Minister may, on a recommendation from the Housing Agency, by order revoke an order made under subsection (5) or a deemed order under section 24B and, accordingly, section 8(3) does not apply to any such order or deemed order.
(8) In making a recommendation under subsection (7), the Housing Agency shall consider and provide a report to the Minister, on such matters as may be prescribed having regard to—
(a) the operation of the rental market,
(b) the operation of the housing market, and
(c) changes in rent levels in the period since the area concerned was designated as a rent pressure zone;
and, before making such a recommendation and providing a report under this subsection, the Housing Agency shall consult with the Board and the housing authority concerned on the matter.
(9) The Board shall publish, in such manner as it thinks fit, a notice of the making of an order by the Minister under subsection (5) or (7).
(10) In this section—
"area" means—
(a) the administrative area of a housing authority, or
(b) a local electoral area within the meaning of section 2 of the Local Government Act 2001;
F84["Dublin Area" means—
(a) the city of Dublin, and
(b) the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown;
"Greater Dublin Area" means—
(a) the Dublin Area, and
(b) the counties of Kildare, Wicklow and Meath;]
"Housing Agency" has the same meaning as it has in the Pyrite Resolution Act 2013;
"Rent Index quarterly reports" has the meaning given in the definition of "Rent Index";
"Rent Index" means the publication known as the Residential Tenancies Board Rent Index which is published by the Board in respect of each successive period of 3 months in every calendar year (in this section referred to as "Rent Index quarterly reports") pursuant to its functions under section 151(1)(e) and includes any other publication that it replaced or may replace it for the purposes of those functions.]
Annotations
Amendments:
F81
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).
F82
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(a), S.I. No. 236 of 2019.
F83
Inserted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(c), commenced as per s. 1(4).
F84
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(b), S.I. No. 236 of 2019.
Modifications (not altering text):
C28
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. (1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
C29
Application of subs. (5), and orders made under subs. (5), restricted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
(2) Notwithstanding subsection (5) of section 24A of the Act of 2004 or any order made thereunder, the period specified in any such order to be the period during which an area shall stand prescribed as a rent pressure zone shall expire on 31 December 2021.
Editorial Notes:
E33
Power pursuant to subs. (5) exercised (12.09.2024 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Carrigaline) Order 2024 (S.I. No. 456 of 2024), in effect as per art. 2.
E34
Power pursuant to subs. (5) exercised (12.09.2024 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Galway County Council) Order 2024 (S.I. No. 455 of 2024), in effect as per art. 2.
E35
Power pursuant to subs. (5) exercised (30.11.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Westmeath County Council) Order 2023 (S.I. No. 579 of 2023), in effect as per art. 2.
E36
Power pursuant to subs. (5) exercised (30.11.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Shannon) Order 2023 (S.I. No. 578 of 2023), in effect as per art. 2.
E37
Note amendment of period for rent pressure zones in orders made under subs. (5) to 31 December 2021 made (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019, as amended to 31 December 2024 (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 18, commenced on enactment.
Note also extension of period for certain deemed rent pressure zones to 31 December 2024 in s. 24B below.
E38
Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area Of Waterford City And County Council) Order 2023 (S.I. No. 433 of 2023), in effect as per art. 2.
E39
Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Limerick City and County Council) Order 2023 (S.I. No. 432 of 2023), in effect as per art. 2.
E40
Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Kilkenny County Council) Order 2023 (S.I. No. 431 of 2023), in effect as per art. 2.
E41
Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Ennis) Order 2023 (S.I. No. 430 of 2023), in effect as per art. 2.
E42
Power pursuant to subs. (5) exercised (28.06.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Westport) Order 2023 (S.I. No. 333 of 2023), in effect as per art. 2.
E43
Power pursuant to subs. (5) exercised (29.09.2020 to 31.12.2021) by Rent Pressure Zone (Administrative Area of Kildare County Council) Order 2020 (S.I. No. 380 of 2020), in effect as per art. 2.
E44
Power pursuant to subs. (5) exercised (16.07.2020 to 31.12.2020) by Rent Pressure Zone (Local Electoral Area of Bandon - Kinsale) Order 2020 (S.I. No. 247 of 2020), in effect as per art. 2.
E45
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Tullamore) Order 2020 (S.I. No. 140 of 2020), in effect as per art. 2.
E46
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mullingar) Order 2020 (S.I. No. 139 of 2020), in effect as per art. 2.
E47
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mallow) Order 2020 (S.I. No. 138 of 2020), in effect as per art. 2.
E48
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Killarney) Order 2020 (S.I. No. 137 of 2020), in effect as per art. 2.
E49
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Athy) Order 2020 (S.I. No. 136 of 2020), in effect as per art. 2.
E50
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Strandhill) Order 2019 (S.I. No. 647 of 2019), in effect as per art. 2.
E51
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Piltown) Order 2019 (S.I. No. 646 of 2019), in effect as per art. 2.
E52
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2019 (S.I. No. 645 of 2019), in effect as per art. 2.
E53
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Baltinglass) Order 2019 (S.I. No. 644 of 2019), in effect as per art. 2.
E54
Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Macroom) Order 2019 (S.I. No. 479 of 2019), in effect as per art. 2.
E55
Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Carlow) Order 2019 (S.I. No. 478 of 2019), in effect as per art. 2.
E56
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City South) Order 2019 (S.I. No. 326 of 2019), in effect as per art. 2.
E57
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City East) Order 2019 (S.I. No. 325 of 2019), in effect as per art. 2.
E58
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Trim) Order 2019 (S.I. No. 324 of 2019), in effect as per art. 2.
E59
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Portlaoise) Order 2019 (S.I. No. 323 of 2019), in effect as per art. 2.
E60
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Midleton) Order 2019 (S.I. No. 322 of 2019), in effect as per art. 2.
E61
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City West) Order 2019 (S.I. No. 321 of 2019), in effect as per art. 2.
E62
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City North) Order 2019 (S.I. No. 320 of 2019), in effect as per art. 2.
E63
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kilkenny) Order 2019 (S.I. No. 319 of 2019), in effect as per art. 2.
E64
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kells) Order 2019 (S.I. No. 318 of 2019), in effect as per art. 2.
E65
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Graiguecullen - Portarlington) Order 2019 (S.I. No. 317 of 2019), in effect as per art. 2.
E66
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gort - Kinvara) Order 2019 (S.I. No. 316 of 2019), in effect as per art. 2.
E67
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gorey) Order 2019 (S.I. No. 315 of 2019), in effect as per art. 2.
E68
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Fermoy) Order 2019 (S.I. No. 314 of 2019), in effect as per art. 2.
E69
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk South) Order 2019 (S.I. No. 313 of 2019), in effect as per art. 2.
E70
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk - Carlingford) Order 2019 (S.I. No. 312 of 2019), in effect as per art. 2.
E71
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athlone) Order 2019 (S.I. No. 311 of 2019), in effect as per art. 2.
E72
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athenry - Oranmore) Order 2019 (S.I. No. 310 of 2019), in effect as per art. 2.
E73
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Arklow) Order 2019 (S.I. No. 309 of 2019), in effect as per art. 2.
E74
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Ardee) Order 2019 (S.I. No. 308 of 2019), in effect as per art. 2.
E75
Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Navan) Order 2019 (S.I. No. 122 of 2019), in effect as per art. 2.
E76
Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Limerick City East) Order 2019 (S.I. No. 121 of 2019), in effect as per art. 2.
E77
Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E78
Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E79
Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E80
Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E81
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Kildare-Newbridge) Order 2017 (S.I. No. 29 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E82
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Laytown-Bettystown) Order 2017 (S.I. No. 28 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E83
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ashbourne) Order 2017 (S.I. No. 27 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E84
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ratoath) Order 2017 (S.I. No. 26 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E85
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Bray) Order 2017 (S.I. No. 25 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E86
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Wicklow) Order 2017 (S.I. No. 24 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E87
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City East) Order 2017 (S.I. No. 23 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E88
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Celbridge-Leixlip) Order 2017 (S.I. No. 22 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E89
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City Central) Order 2017 (S.I. No. 21 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E90
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Naas) Order 2017 (S.I. No. 20 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E91
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City West) Order 2017 (S.I. No. 19 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E92
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ballincollig-Carrigaline) Order 2017 (S.I. No. 18 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
F85[Areas deemed to be rent pressure zones
24B.—F86[(1)] With effect from the relevant date (within the meaning of section 19(7)) and notwithstanding anything to the contrary in section 24A, orders under subsection (5) of that section shall be deemed to have been made in respect of the administrative areas of each of the following housing authorities:
(a) Cork City Council;
(b) Dublin City Council;
(c) Dun Laoghaire Rathdown County Council;
(d) Fingal County Council;
(e) South Dublin County Council;
and, accordingly, each of those areas is deemed to be a rent pressure zone F87[during the period commencing on the relevant date and ending on F88[31 December 2025]].]
F86[(2) With effect from the day following the passing of the Planning and Development Act 2024 and notwithstanding anything to the contrary in section 24A, an order under subsection (5) of that section shall be deemed to have been made in respect of the local electoral area of Drogheda Rural and, accordingly, that area is deemed to be a rent pressure zone during the period commencing on the day following the passing of that Act and ending on 31 December 2025.]
Annotations
Amendments:
F85
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).
F86
Inserted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(d)(i), (iii), commenced as per s. 1(4).
F87
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 9, S.I. No. 236 of 2019.
F88
Substituted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(d)(ii), commenced as per s. 1(4).
Modifications (not altering text):
C30
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E93
Previous affecting provision: subs. (1) substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 10, commenced on enactment; substituted as per F-note above.
F89[Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone
24BA.—(1) For the purposes of section 24B, the administrative area of Cork City Council shall include the relevant area and, accordingly, the reference in that section to relevant date shall, in so far as that section applies to the relevant area, be construed as a reference to the transfer day.
(2) In this section—
"Act of 2019" means the Local Government Act 2019;
"relevant area" has the meaning assigned to it by the Act of 2019; and
"transfer day" has the meaning assigned to it by the Act of 2019.]
Annotations
Amendments:
F89
Inserted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 10, S.I. No. 236 of 2019.
Modifications (not altering text):
C31
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
F90[Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones
24C.—(1) Where a tenancy commenced before the relevant date (within the meaning of section 19(7)) or, where an order under section 24A(5) or (6A) applies to the area in which the tenancy is situated, before the date of the coming into operation of that order, and the area in which the tenancy is situated is in a rent pressure zone within the meaning of section 19(7), then—
(a) the first rent review after the relevant date or, where an order is made by the Minister under section 24A(5) or (6A) in respect of the area in which the dwelling is situate, the first rent review after the date of the coming into operation of that order, shall be carried out in accordance with section 20, and
(b) any subsequent rent review shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.
(2) Where a tenancy commences on or after the relevant date (within the meaning of section 19(7)) or, where an order under section 24A(5) or (6A) applies to the area in which the tenancy is situated, on or after the date of the coming into operation of that order, and the area in which the tenancy is situated is in a rent pressure zone within the meaning of section 19(7), then any rent review after that date shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.]
Annotations
Amendments:
F90
Substituted (18.10.2024) by Planning and Development Act 2024 (34/2024), s. 634(e), commenced as per s. 1(4).
Modifications (not altering text):
C32
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
Editorial Notes:
E94
Previous affecting provision: section inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b); substituted (18.10.2024) as per F-note above.
PART 4
Security of Tenure
Annotations
Modifications (not altering text):
C33
Application of Part modified as respects existing tenancies (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(2)-(4), commenced as per subs. (5).
Provision for tenancies of unlimited duration
5. ...
(2) Subject to subsections (3) and (4), Part 4 of the Principal Act shall have effect in relation to tenancies of dwellings created, or that came into being, before the commencement of this section as if this section and section 6 had not been enacted.
(3) (a) A landlord under a tenancy of a dwelling—
(i) created, or that came into being, under the Principal Act before the commencement of this section, and
(ii) in existence on such commencement,
may, by notice, in writing and in such form as shall be specified by the Board, inform the tenant under the tenancy that the landlord consents to the tenancy continuing in existence for a period of unlimited duration and, upon receipt by the tenant of such notice, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date of the notice, and accordingly Part 4 of the Principal Act as amended by paragraphs (b) and (c) of subsection (1) and section 6 shall have effect in relation to that tenancy.
(b) A form specified in accordance with paragraph (a) shall include an explanation of the effect of the giving of a consent under that paragraph in relation to a tenancy of a dwelling.
(4) Where a Part 4 tenancy or further Part 4 tenancy of a dwelling—
(a) was created, or came into being, before the commencement of this section, and
(b) expires on or after such commencement,
then, upon its so expiring and unless a valid notice of termination in respect of the tenancy was served under paragraph (a) or (b) of section 34 or section 36 of the Principal Act before its so expiring, a new tenancy of that dwelling shall stand created and that new tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration.
(5) This section shall come into operation on the day that falls 6 months after the date of the passing of this Act.
C34
Application of Part restricted (24.10.2020) by Residential Tenancies Act 2020 (17/2020), ss. 3(3), 4(2), commenced on enactment.
Notices of termination under Act of 2004
3. (1) Where a notice of termination served before or during an emergency period specifies a termination date that falls during or after the emergency period, the termination date shall be deemed to be the revised termination date.
(2) Subsection (1) shall not apply to a notice of termination served by a landlord that cites as a reason for the termination concerned failure by the tenant to comply with one or more than one of his or her obligations under paragraph (h), (i) or (m) of section 16 or behaviour of the tenant that falls within subparagraph (2)(a)(ii) of section 67 of the Act of 2004.
(3) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
...
Entitlement to remain in occupation of dwelling during emergency period
4. (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 date that is 10 days after 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.
(2) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
Chapter 1
Preliminary
Non-application of Part.
25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.
(2) Those conditions are—
(a) the dwelling concerned is one of 2 dwellings within a building,
(b) that building, as originally constructed, comprised a single dwelling, and
(c) the landlord resides in the other dwelling.
(3) A landlord’s opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.
(4) This Part does not apply to a tenancy of a dwelling—
(a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999) of the Taxes Consolidation Act 1997, or
(b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.
F91[(5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where—
(a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and
(b) the consent of the public authority which—
(i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4), a party to the lease or contract referred to in section 3(2A), or
(ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4), the assistance referred to in that paragraph,
has, in respect of the designation referred to in paragraph (a), been obtained by the approved housing body before it makes the designation.
(6) In subsection (5) "transitional dwelling" means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.
(7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5), made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned—
(a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and
(b) shall notify the Minister of that designation not later than 3 months after it is made.]
Annotations
Amendments:
F91
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 9, S.I. No. 151 of 2016.
Modifications (not altering text):
C35
Term “approved housing body” construed (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, S.I. No. 728 of 2021.
Construction of certain references in other Acts or instruments made under Acts
68. References in—
(a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,
...
to—
(i) an approved housing body,
(ii) a housing body approved under section 6 of the Act of 1992,
(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or
(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,
as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.
Greater security of tenure not affected.
26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.
Chapter 2
Statement of essential protection enjoyed by tenants
Periods of occupancy before relevant date to be disregarded.
27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date F92[or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)].
Annotations
Amendments:
F92
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(4), S.I. No. 151 of 2016.
Statutory protection — “Part 4 tenancy” — after 6 months occupation.
28.—F93[(1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.]
(2) F94[…]
(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.
(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.
Annotations
Amendments:
F93
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
F94
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E95
Previous affecting provision: subs. (2) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(1), in effect as per s. 1(3)(b) and subs. (3); subs. (2) deleted as per F-note above.
“Part 4 tenancy”— meaning of that expression.
F95[29. For the purposes of this Act, each of the following is a Part 4 tenancy:
(a) a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28;
(b) a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021;
(c) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021.]
Annotations
Amendments:
F95
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(b), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
Terms of Part 4 tenancy.
30.—F96[(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall—
(a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation,
(b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and
(c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.]
(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.
(3) Neither—
(a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor
(b) any term purported to be provided for by a variation under subsection (2),
shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
Annotations
Amendments:
F96
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(c), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
Sections 28 and 30: special cases.
31.—(1) The reference in section 28(1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.
(2) Where the continuous occupation referred to in section 28(1) has been under a series of 2 or more tenancies—
(a) in section 28(2), “the tenancy mentioned in subsection (1)” means the last of those tenancies,
(b) in section 28(2)(a)(i), “the commencement of the tenancy” means the commencement of the first of those tenancies, and
(c) in section 28(3), “the tenancy” means the last of those tenancies,
and section 30 shall be construed accordingly.
Further special case (sub-letting of Part 4 tenancy).
32.—(1) F1[Schedule 1] to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.
(2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.
(3) Any such sub-tenancy purported to be created is void.
Chapter 3
Termination of Part 4 tenancy
Restriction on termination by landlord.
33.—A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34.
Additional requirements relating to termination by landlord
F97[33A.—Without prejudice to section 33, in addition to the grounds for termination by a landlord under section 34, in accordance with section 57(b), Part 5 shall apply in relation to the termination of a Part 4 tenancy by a landlord.]
Annotations
Amendments:
F97
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2016 (42/2016), s. 27, S.I. No. 119 of 2016.
Editorial Notes:
E96
The section heading is taken from the amending section in the absence of one included in the amendment.
Grounds for termination by landlord.
34.—F98[Subject to section 35A, a Part 4 tenancy] may be terminated by the landlord—
(a) on one or more of the grounds specified in the Table to this section if—
(i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, F99[…]
F100[(ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied—
(I) in the case of paragraph 2, 5 or 6 of that Table, by the statement referred to in that paragraph, and
(II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph,
and]
F101[(iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5, the notice of termination contains or is accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that—
(I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and
(II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks,]
(b) F102[…]
TABLE
Grounds for termination
1. The tenant has failed to comply with any of his or her obligations F103[(other than the obligation to which paragraph (a) of section 16 applies)] in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination— (a) the tenant has been notified F104[in writing] of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and (b) the tenant does not remedy the failure within that specified time. F105[1A. The tenant has failed to comply with paragraph (a) of section 16 in relation to the tenancy concerned and the condition specified in subsection (3) (inserted by paragraph (b) of section 12 of the Residential Tenancies and Valuation Act 2020) of section 67 has been satisfied.] 2. The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household F104[and the notice of termination is accompanied by a statement referred to in section 35]. 3. The landlord intends, within F106[9 months] after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling F104[and the notice of termination is accompanied by a statutory declaration referred to in section 35]. 4. The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied F107[by a statutory declaration]— (a) specifying— (i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and (ii) the expected duration of that occupation, and (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F108[…] the following conditions are satisfied— (i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of F106[12 months] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F109[1A,] 2, 3 or 6 of this Table. 5. The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement— (a) specifying the nature of the F107[intended works,] F104[(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b), and] (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F108[…] the following conditions are satisfied— F106[(i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and] (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F109[1A,] 2, 3 or 6 of this Table. 6. The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statement— (a) specifying the nature of the F107[intended use,] F104[(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying— (i) details of those works, (ii) the name of the contractor, if any, employed to carry out such works, and (iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out, and] (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if F108[…] the following conditions are satisfied— (i) the dwelling becomes available for reletting within the period of F106[12 months] from expiry of the period of notice required to be given by the notice or, if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F109[1A,] 2 or 3 of this Table. |
Annotations
Amendments:
F98
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 38, S.I. No. 7 of 2017.
F99
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(1)(a), S.I. No. 236 of 2019.
F100
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(b), S.I. No. 236 of 2019.
F101
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(c), S.I. No. 236 of 2019.
F102
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
F103
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 9(a), commenced on enactment.
F104
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(a)-(c), (e)(ii), (iii), (f)(ii), S.I. No. 216 of 2016.
F105
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 9(b), commenced on enactment.
F106
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 12(2)(a)-(d), S.I. No. 236 of 2019.
F107
Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(d), (e)(i), (f)(i), S.I. No. 216 of 2016.
F108
Deleted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 92(a), commenced as per s. 99(1).
F109
Inserted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 92(b), commenced as per s. 99(1).
Modifications (not altering text):
C36
Application of Table, paras. 3, 4, 5 and 6 restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(3), S.I. No 424 of 2021.
Application of Act of 2004
32. ...
(3) The grounds for termination of a residential tenancy in paragraphs 3, 4, 5 and 6 of the Table to section 34 of the Act of 2004 shall not apply where the tenancy is a cost rental tenancy.
...
Editorial Notes:
E97
Previous affecting provision: para. (b) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 1, in effect as per s. 1(3)(b) and s. 37(3); paragraph deleted as per F-note above.
E98
Previous affecting provision: Table, para. 5(b)(i) amended (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 28(e)(ii), S.I. No. 216 of 2016; subpara. (i) substituted as per F-note above.
Table to section 34: interpretation and supplemental.
35.—(1) In this section the “Table” means the Table to section 34.
(2) In paragraph 1 of the Table “remedy the failure” means—
(a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and
(b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property—
(i) to pay adequate compensation to the landlord F110[…] or repair the damage fully, and
(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
(3) In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16(h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1).
(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to any spouse F111[, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 1952 to 1998.
(5) F112[…]
(6) If an offer such as is referred to in F113[paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table,] is accepted (within such reasonable period F114[not exceeding 7 days] as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)—
(a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and
(b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy.
F114[(6A) If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is not accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned, there is no tenancy agreement and the former tenant is not entitled to occupy the dwelling.]
F116[(7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify—
(a) the bed spaces in the dwelling, and
(b) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household.
F117[(8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include—
(a) a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling, F118[…]
F115[(aa) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied:
(i) F112[…]
(ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing—
(I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or
(II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute;
and
(iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, F114[1A,] 2 or 6 of the Table,]
(b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord.]
(9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall—
(a) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and
(b) specify, where planning permission is not required—
(i) the name of the contractor, if any, employed to carry out the intended works, and
(ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.
(10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.]
F119[(11) (a) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination, the landlord shall comply with subsection (1) of section 39A.
(b) A notice of termination referred to in paragraph (a) served in contravention of subsection (1) of section 39A shall be invalid.]
F120[(12) Upon receipt of a copy of a notice of termination under section 39A, for the purpose of facilitating the making of an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, the Board shall—
(a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and
(b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.
(13) Where a landlord is required to make an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, but cannot contact the tenant concerned despite having made reasonable inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the Board seeking the contact details of the tenant.
(14) Where a landlord makes a request under subsection (13), the Board shall—
(a) where the tenant concerned has provided his or her contact details and consent under subsection (12) or pursuant to a notice under paragraph (b), provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or
(b) where the tenant concerned has not provided his or her contact details or consent under subsection (12), as soon as practicable on or after the date of the request, notify the tenant that—
(i) a request under subsection (13) has been received, and
(ii) unless the tenant provides his or her contact details and consent under subsection (12) to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.
(15) Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board under subsection (12) or (14), the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.]
Annotations
Amendments:
F110
Deleted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 10, commenced on enactment.
F111
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.
F112
Deleted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 93(1)(a), (d)(i), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F113
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(b), S.I. No. 236 of 2019.
F114
Inserted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 93(1)(b), (c), (d)(ii), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F115
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(a)(ii), S.I. No. 236 of 2019.
F116
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 29, S.I. No. 216 of 2016.
F117
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 39, S.I. No. 7 of 2017.
F118
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(c)(i), S.I. No. 236 of 2019.
F119
Substituted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 93(1)(e), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F120
Inserted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 93(1)(f), commenced as per s. 99(1), subject to transitional provision in subs. (2).
Editorial Notes:
E99
Previous affecting provision: subs. (5) amended and subs. 11 inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 13(a)(i), (ii), (c)(ii), (d), S.I. No. 236 of 2019; subs. (5) deleted and subs. (11) substituted as per F-note above.
Restriction on termination of certain tenancies by landlords
F121[35A.—(1) In this section—
"development" means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;
"relevant period of time" means any period of 6 months within the period—
(a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and
(b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.
(2) Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement—
(a) in respect of dwellings situated within the development concerned,
(b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and
(c) to so transfer during a relevant period of time.
(3) (a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board—
(i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and
(ii) that the application of that subsection would, having regard to all the circumstances of that case—
(I) be unduly onerous on that landlord, or
(II) would cause undue hardship on that landlord.
(b) In paragraph (a)(i), the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm’s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.
(4) Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34, then that section shall continue to apply to that notice as if the said section 40 had not been enacted.
(5) Subject to subsection (4), this section applies to all tenancies, including a tenancy created before the coming into operation of this section.]
Annotations
Amendments:
F121
Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 40, S.I. No. 7 of 2017.
Editorial Notes:
E100
The section heading is taken from the amending section in the absence of one included in the amendment.
Termination by tenant.
36.—(1) A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.
(2) This section is without prejudice to Chapter 6.
Deemed termination by tenant.
37.—(1) Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if—
(a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and
(b) before or on that vacating the rent has fallen into arrears.
(2) Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if—
(a) whether before or after the end of that period, the tenant has vacated the dwelling, and
(b) no notice of termination has been served by the tenant in respect of the tenancy.
(3) Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.
(4) Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.
(5) This section is subject to Chapter 6.
Effect of assignment of Part 4 tenancy.
38.—(1) If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is—
(a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur),
(b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).
(2) If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly—
(a) the assignee shall become the tenant of the landlord under the Part 4 tenancy,
(b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and
(c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.
(3) Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.
(4) The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.
(5) Any such assignment purported to be made is void.
Termination on tenant’s death.
39.—(1) Subject to subsections (2) F122[, (4) and (6)], a Part 4 tenancy shall terminate on the death of the tenant.
(2) Where the 2 conditions specified in subsection (3) are satisfied—
(a) subsection (1) does not apply, and
(b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.
(3) Those conditions are—
(a) the dwelling, at the time of the death of the tenant concerned, was occupied by—
(i) a spouse F123[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010] of the tenant,
(ii) a person who was not a spouse of the tenant but who F124[was the tenant’s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant] in the dwelling for a period of at least 6 months ending on the date of the tenant’s death,
(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or
(iv) a parent of the tenant,
and
(b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.
(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.
(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.
F125[(6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless—
(a) in the case of a dwelling referred to in section 3(4)(a), he or she is a member of a household referred to in section 3(4)(a), or
(b) in the case of a dwelling referred to in section 3(4)(b), he or she is a member of a household referred to in section 3(4)(b).]
Annotations
Amendments:
F122
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(a), S.I. No. 151 of 2016.
F123
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(b), S.I. No. 648 of 2010.
F124
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 203, S.I. No. 648 of 2010.
F125
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 10(b), S.I. No. 151 of 2016.
F126[Referral of notice of termination to adjudicator under Act of 2004
39A.—(1) Where a landlord serves a notice of termination in relation to the tenancy of a dwelling F127[…], he or she shall, on the day on which he or she so serves that notice of termination, serve a copy thereof on the Board.
(2) The Board shall, upon receiving a copy of a notice of termination from a landlord, notify the tenant in writing of his or her entitlements under section 76 F128[, the period after which, under section 80, a dispute may not be referred to the Board and give the tenant and the landlord a copy of the statement given under paragraph (e) of subsection (4) of section 135].
(3) Where the tenant refers a matter in connection with the notice of termination to the Board for resolution under section 76, the adjudicator appointed under section 97 to inquire into the dispute shall have regard to any advice referred to in subsection (3A) of section 67 (inserted by section 12 of the Residential Tenancies and Valuation Act 2020) when making a decision or determination under subsection (4) of section 97 in relation to the matter.
(4) The Tribunal shall, on the hearing of an appeal from a decision or determination of an adjudicator referred to in subsection (3), have regard to any advice referred to in subsection (3A) of section 67 when making a decision or determination under section 108.]
Annotations
Amendments:
F126
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 11, commenced on enactment.
F127
Deleted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 94(a), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F128
Inserted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 94(b), commenced as per s. 99(1), subject to transitional provision in subs. (2).
Editorial Notes:
E101
The section heading is taken from the amending section in the absence of one included in the amendment.
Chapter 4
Additional statutory right — further Part 4 tenancy
Interpretation (Chapter 4).
40.—F129[…]
(2) F1[A reference in section 41(4) to section 34 or Chapter 3 is a reference] to that section or Chapter as applied by section 47.
Annotations
Amendments:
F129
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E102
Previous affecting provision: subs. (1) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 2, commenced as per s. 1(3)(b) and s. 37(3); section deleted as per F-note above.
E103
Previous affecting provision: subs. (2) amended (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 1, S.I. No. 7 of 2017; section deleted as per F-note above.
Further Part 4 tenancy on expiry of F1[6 year period].
41.—F130[…]
Annotations
Amendments:
F130
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E104
Previous affecting provisions: subss. (1), (3) and (4) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 items 3-5, commenced as per s. 1(3)(b) and s. 37(3) and (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2017), s. 41(4) and sch. part 2 ref. nos. 2, 3, S.I. No. 7 of 2017; section deleted as per F-note above.
Termination of additional rights.
42.—F131[…]
Annotations
Amendments:
F131
Repealed (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(1), S.I. No. 7 of 2017, subject to transitional provisions in subss. (2), (3).
Editorial Notes:
E105
Previous affecting provision: application of Part restricted (19.07.2021) by Affordable Housing Act 2021 (25/2021), s. 34, S.I. No. 424 of 2021; section repealed as per F-note above.
Chapter 5
Successive further Part 4 tenancies may arise
Purposes of Chapter.
43.—F132[…]
Annotations
Amendments:
F132
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E106
Previous affecting provision: section amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 6, commenced as per s. 1(3)(b) and s. 37(3); section deleted as per F-note above.
Construction of certain references.
44.—F133[…]
Annotations
Amendments:
F133
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E107
Previous affecting provision: section amended (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 4, S.I. No. 7 of 2017; section deleted as per F-note above.
Further Part 4 tenancy to arise on expiry of previous tenancy.
45.—F134[…]
Annotations
Amendments:
F134
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E108
Previous affecting provisions: subss. (1), (4) amended (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 7, 8, commenced as per subs. (1)(3)(b) and s. 37(3) and (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 5, 6, S.I. No. 7 of 2017; section deleted as per F-note above.
Terms of a further Part 4 tenancy.
46.—F135[…]
Annotations
Amendments:
F135
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Application of Chapter 3 and section 42 to every further Part 4 tenancy.
47.—F136[…]
Annotations
Amendments:
F136
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Editorial Notes:
E109
Previous affecting provisions: subss. (4), (6) deleted and subs. (5) and Table amended (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 7-9, S.I. No. 7 of 2017 and (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 9, 10, in effect as per s. 1(3)(b) and s. 37(3); section deleted as per F-note above.
Chapter 6
Rules governing operation of Part in cases of multiple occupants
Interpretation (Chapter 6).
48.—(1) In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.
(2) References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.
(3) References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.
General principle in relation to dwellings occupied by more than one person.
49.—(1) Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—
(a) multiple tenants,
(b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.
(2) In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—
(a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and
(b) the condition specified in section 28(3) is satisfied.
Entitlement of multiple occupant to benefit from Part 4 tenancy.
50.—(1) Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.
(2) A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(3) Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(4) The reference in subsection (3) to a landlord's accepting a person as a tenant is a reference to his or her accepting a person as a tenant—
(a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and
(b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.
(5) For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.
(6) For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.
(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy F137[may, F138[subject to section 3B(d) and subsection (7A)], request] the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
F139[(7A) Subsection (7) shall not apply where the person in lawful occupation of the dwelling concerned is a temporary protection beneficiary within the meaning of Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.]
(8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—
(a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,
(b) the requester shall hold the dwelling—
(i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),
(ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence holds the dwelling.
Annotations
Amendments:
F137
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 11, S.I. No. 151 of 2016.
F138
Substituted (26.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 24(a), S.I. No. 374 of 2022.
F139
Inserted (26.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 24(b), S.I. No. 374 of 2022.
Modifications (not altering text):
C37
Prospective affecting provision: application of section restricted by Affordable Housing Act 2021 (25/2021), s. 39, not commenced as of date of revision.
Cost rental tenancies subsisting on termination of cost rental period
39. Where a tenancy that is a Part 4 tenancy or a further Part 4 tenancy within the meaning of the Act of 2004 is subsisting in relation to a cost rental dwelling on the date on which the cost rental designation in respect of the dwelling is revoked, the provisions of this Part shall continue to apply to that tenancy until the tenancy is validly terminated.
C38
Application of subs. (8) restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(8), S.I. No. 424 of 2021.
Application of Act of 2004
32. ...
(8) Sections 50(8) and 76(4) of the Act of 2004 shall not apply to a person who is lawfully in occupation of a cost rental dwelling as a licensee of the tenant during the subsistence of a tenancy protected under Part 4 of that Act and who requests the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
Act of one of multiple tenants cannot prejudice the other's or others' rights.
51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—
(a) the termination of the Part 4 tenancy, or
(b) rendering the Part 4 tenancy liable to be terminated by the landlord,
shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person’s consent.
(2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—
(a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and
(b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.
(3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—
(a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or
(b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),
as the case may be.
(4) For the purposes of subsection (3), any provision of this Part which—
(a) provides for the termination of a Part 4 tenancy,
(b) renders such a tenancy liable to termination by the landlord, or
(c) makes provision incidental to, or consequential on, the foregoing,
shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—
(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,
(ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or
(iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).
(5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).
(6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.
(7) In this section a reference to the doing of an act includes the making of an omission.
Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
52.—For the avoidance of doubt, neither—
(a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor
(b) the death of that tenant,
of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.
No separate Part 4 tenancy to arise in multiple tenant's favour.
53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50(2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.
Chapter 7
Miscellaneous
No contracting out from terms of Part permitted.
54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.
(2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).
Protection under this Part and long occupation equity.
55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)(b) of the Landlord and Tenant (Amendment) Act 1980.
F140[(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.]
Annotations
Amendments:
F140
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 10, S.I. No. 7 of 2017.
Damages for abuse of section 34 termination procedure.
56.—(1) This section applies where—
(a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a),
(b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34, and
(c) F141[(i) in case the ground cited is that specified in paragraph 3 of that Table—
(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein,
(II) the notice of termination is not accompanied by the statutory declaration referred to in section 35, or
(III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied,]
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.
(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—
(a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,
(b) subject to section 118, a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or
(c) subject to section 118, a determination comprising both of the foregoing directions.
(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1).
(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.
(6) For the avoidance of doubt—
(a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and
(b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.
TABLE
(c) F141[(i) in case the ground cited is that specified in paragraph 3 of that Table—
(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or
(II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied,]
(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,
(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
Annotations
Amendments:
F141
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 14(a), (b), S.I. No. 236 of 2019.
PART 5
Tenancy Terminations — Notice Periods and other Procedural Requirements
Chapter 1
Scope of Part and interpretation provisions
Purpose of Part.
57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—
(a) one to which this Act applies but to which Part 4 does not apply F142[(by reason of the operation of sections 3(7)(c) or 25)], or
(b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).
Annotations
Amendments:
F142
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 11, commenced on enactment.
Termination of tenancies restricted to means provided by this Part.
58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.
(2) Accordingly, the termination by the landlord or the tenant of—
(a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, F143[…]
(b) a tenancy to which section 25 F144[applies, or]
F145[(c) a tenancy of a dwelling referred to in subsection (1A) of section 3.]
must be effected by means of a notice of termination that complies with this Part.
(3) Each of the following—
(a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),
(b) a tenancy referred to in subsection (2)(b), and
(c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4 F146[(but subject to subsection (4) where the tenancy is a tenancy referred to in subsection (1A) of section 3)],
shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).
F146[(4) Notwithstanding the application of subsection (3) to a tenancy referred to in subsection (1A) of section 3, such a tenancy shall also be construed as including a term enabling its termination by the tenant, by means of a notice of termination that complies with this Part, during the period beginning on 1 May and ending on 1 October in any year, whether or not there has been failure by the landlord to comply with any obligations of the tenancy.]
Annotations
Amendments:
F143
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(a), commenced on enactment.
F144
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(b), commenced on enactment.
F145
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 12(c), commenced on enactment.
F146
Inserted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 4(1)(a), (b), S.I. No. 358 of 2024, subject to transitional provision in subs. (2).
Exclusion of existing rules and enactments.
59.—Subject to section 60, neither—
(a) any rule of law, nor
(b) provision of any enactment in force immediately before the commencement of this Part,
which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.
Greater notice periods not affected.
60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65(4), that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.
Construction of certain references to periods of notice and duration of tenancies.
61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.
(2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.
Chapter 2
What a valid notice of termination must contain
Annotations
Modifications (not altering text):
C39
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Requirements for a valid notice of termination.
62.—(1) A notice of termination to be valid shall—
(a) be in writing,
(b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,
(c) specify the date of service of it,
(d) be in such form (if any) as may be prescribed,
(e) if the duration of the tenancy is a period of more than 6 months, F147[or the tenancy is a further Part 4 tenancy,] state (where the termination is by the landlord) the reason for the termination,
(f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—
(i) on which the tenancy will terminate, and
(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),
and
(g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.
(2) Subsection (1) is without prejudice to Chapter 4 and section 81(3) (which specify additional requirements in respect of a tenancy that has been sub-let).
Annotations
Amendments:
F147
Inserted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 42, S.I. No. 7 of 2017.
Modifications (not altering text):
C40
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
C41
Application of subs. (1)(g) restricted (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004).
2. Section 62(1)(g) of the Residential Tenancies Act 2004 does not apply to a notice of termination the date of service of which is earlier than the day on which Part 6 of the Act comes into operation.
Date to be specified for purposes of section 62(1)(f).
63.—For the purposes of section 62(1)(f), the day that is to be specified in a notice of termination is the last day of—
(a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or
(b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65(4), to give by that notice of termination.
Annotations
Modifications (not altering text):
C42
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Reference to and validity of date of service of notice of termination.
64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.
(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.
(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).
Annotations
Modifications (not altering text):
C43
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
F148[Slip or omission in notice of termination
64A.—On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that—
(a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and
(b) the notice of termination is otherwise in compliance with the provisions of this Act.]
Annotations
Amendments:
F148
Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 30, S.I. No. 4 of 2016.
Modifications (not altering text):
C44
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Editorial Notes:
E110
The section heading is taken from the amending section in the absence of one included in the amendment.
Chapter 3
Period of notice to be given
Annotations
Modifications (not altering text):
C45
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
F149[Duration of tenancy for purposes of this Chapter
64B.—(1) For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of—
(a) the said Part 4 tenancy, or
(b) a further Part 4 tenancy,
shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.
F150[(1A) (a) For the purposes of this Chapter—
(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant Part 4 tenancy of that dwelling, and
(ii) that relevant Part 4 tenancy,
shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.
(b) For the purposes of this Chapter—
(i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant further Part 4 tenancy of that dwelling,
(ii) that relevant further Part 4 tenancy, and
(iii) any Part 4 tenancy or further Part 4 tenancy of the dwelling concerned immediately preceding that relevant further Part 4 tenancy,
shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.
(c) In this subsection—
"relevant Part 4 tenancy" means a Part 4 tenancy that—
(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and
(b) expired on or after such commencement; and
"relevant further Part 4 tenancy" means a further Part 4 tenancy that—
(a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and
(b) expired on or after such commencement.]
(2) This section is without prejudice to subsection (2) of section 61.]
Annotations
Amendments:
F149
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 15, S.I. No. 236 of 2019.
F150
Inserted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(d), commenced as per subs. (2) and s. 5(5).
Modifications (not altering text):
C46
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
What this Chapter does.
65.—(1) This Chapter states the period of notice to be given by a notice of termination.
(2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62(1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.
(3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.
(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than F151[90 days] may not be given in respect of it.
F152[(5) In the case of a tenancy of a dwelling referred to in subsection (1A) of section 3 a period of notice of more than 28 days may be given by a tenant in accordance with subsection (2C) of section 66.]
Annotations
Amendments:
F151
Substituted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 95(1), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F152
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 13, commenced on enactment.
Modifications (not altering text):
C47
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Period of notice where section 67 or 68 is inapplicable.
66.—(1) This section applies where the tenancy is being terminated—
(a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or
(b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.
(2) F153[Subject to subsection (2A), where] this section applies the period of notice to be given by the notice of termination is—
(a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and
(b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.
F154[(2A) (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the "original notice"), an adjudicator or the Tribunal, as the case may be, makes a determination that—
(i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice,
(ii) the defect concerned does not prejudice, in a material respect, the original notice, and
(iii) the original notice is otherwise in compliance with the provisions of this Act,
the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b).
(b) In the circumstances set out in paragraph (a), the following shall apply:
(i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the "remedial notice");
(ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121;
(iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;
(iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of—
(I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and
(II) 28 days;
(v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;
(vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act.]
F154[(2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 F155[by the landlord] and specified in the notice of termination shall be not less than 28 days.]
F156[(2C) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the tenant and specified in the notice of termination shall be 28 days or such longer period as the tenant chooses.]
(3) This section is subject to section 69.
F157[TABLE 1
Termination by Landlord
Duration of Tenancy |
Notice Period |
(1) |
(2) |
Less than 6 months |
90 days |
Not less than 6 months but less than one year |
152 days |
Not less than one year but less than 7 years |
180 days |
Not less than 7 years but less than 8 years |
196 days |
Not less than 8 years |
224 days] |
F158[TABLE 2
Termination by Tenant
Duration of Tenancy |
Notice Period |
(1) |
(2) |
Less than 6 months |
28 days |
6 or more months but less than 1 year |
35 days |
1 year or more but less than 2 years |
42 days |
2 or more but less than 4 years |
56 days |
4 years or more but less than 8 years |
84 days |
8 or more years |
112 days] |
Annotations
Amendments:
F153
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(a), S.I. No. 236 of 2019.
F154
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(b), (c), S.I. No. 236 of 2019.
F155
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 14(a), commenced on enactment.
F156
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 14(b), commenced on enactment.
F157
Substituted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 96(1), commenced as per s. 99(1), subject to transitional provision in subs. (2).
F158
Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 31, commenced on enactment, subject to transitional provision in subs. (2).
Modifications (not altering text):
C48
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Editorial Notes:
E111
Previous affecting provision: Table 1 substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 16(1)(d), S.I. No. 236 of 2019, subject to transitional provision in subs. (2); substituted as per F-note above.
E112
Previous affecting provision: Table 1 substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 31, commenced on enactment, subject to transitional provision in subs. (2); substituted as per F-note above.
Period of notice for termination by landlord where tenant in default.
67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.
(2) Where this section applies the period of notice to be given by the notice of termination is—
(a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—
(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1), or
(ii) threatening to the fabric of the dwelling or the property containing the dwelling,
or
F159[(aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied,]
(b) F160[in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply,] 28 days, if the tenancy is being terminated—
(i) for any other reason (but not a failure to pay an amount of rent due), or
(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,
regardless of the duration of the tenancy.
F161[(3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—
(a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and
(b) that amount is not paid to the landlord within the period of 28 days following—
(i) receipt of the notification by the tenant, or
(ii) receipt of the notification by the Board,
whichever occurs later.]
F162[(3A) Where the Board receives a notification under subsection (3), it shall forthwith—
(a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and
(b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.
(3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.
(3C) F163[…]]
(4) This section is subject to section 69.
Annotations
Amendments:
F159
Substituted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(a), commenced on enactment.
F160
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 32, S.I. No. 119 of 2016.
F161
Substituted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(b), commenced on enactment.
F162
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 12(c), commenced on enactment.
F163
Deleted (6.07.2022) by Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 97, commenced as per s. 99(1).
Modifications (not altering text):
C49
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
C50
Subs. (2)(aa), (b) applied with modifications (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 12(1)(a)(i), commenced as per s. 1(3).
Notices of termination
12. (1) (a) Subject to paragraph (b)—
(i) section 67 of the Act of 2004 shall have effect in relation to a notice of termination to which this subsection applies as if the references, in paragraphs (aa) and (b) of subsection (2), to 28 days were references to 90 days, and
(ii) a notice of termination to which this subsection applies shall not specify a termination date that falls earlier than 13 April 2021.
...
C51
Application of section restricted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020) s. 5(2), commenced on enactment.
Notices of termination served during emergency period
5. (1) This section applies to a notice of termination served on a tenant during the emergency period that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.
(2) Notwithstanding the amendment of section 67 of the Act of 2004 effected by section 12, the said section 67 shall, subject to subsections (3) and (4), have effect in relation to a notice of termination to which this section applies as if the references, in paragraphs (aa) and (b) of subsection (2), to 28 days were references to 90 days.
(3) A notice of termination to which this section applies shall not specify a termination date that falls earlier than 11 January 2021.
...
C52
Period of 14 days in subs. (3) construed and other provisions 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), s. 5, 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.
Editorial Notes:
E113
Previous affecting provision: subs. (2)(aa) inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 32, S.I. No. 119 of 2016; substituted as per F-note above.
Period of notice for termination by tenant where landlord in default.
68.—(1) This section applies where—
(a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and
(b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.
(2) Where this section applies the period of notice to be given by the notice of termination is—
(a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or
(b) 28 days, if the tenancy is being terminated for any other reason,
regardless of the duration of the tenancy.
(3) The condition mentioned in subsection (1)(b) is—
(a) the landlord has been notified in writing of the failure concerned by the tenant, and
(b) the landlord does not remedy the failure within a reasonable time after being so notified.
(4) In subsection (3) “remedy the failure” means—
(a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and
(b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—
(i) to pay adequate compensation to the tenant or repair the damage fully, and
(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
(5) This section is subject to section 69.
Annotations
Modifications (not altering text):
C53
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Exception to requirements of sections 66 to 68.
69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.
(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.
(3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.
Annotations
Modifications (not altering text):
C54
Application of chapter restricted (29.10.2022) by Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (34/2022), s. 3, commenced on enactment.
Notice of termination served during winter emergency period
3. (1) Notwithstanding Chapters 2 and 3 of Part 5 of the Act of 2004, a notice of termination, other than a notice of termination referred to in section 2 (2), in respect of a tenancy of less than 6 months duration that is served by a landlord during the winter emergency period shall not specify a termination date that falls earlier than 18 June 2023.
(2) A notice of termination served in contravention of subsection (1) shall be invalid.
...
Chapter 4
Additional requirements and procedures where tenancy sub-let
Notices of termination in cases of tenancies that are sub-let.
70.—(1) This section applies where—
(a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and
(b) the landlord under the head-tenancy proposes to terminate the head-tenancy.
(2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62, state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.
(3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”) F164[by the landlord].
Annotations
Amendments:
F164
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 33, S.I. No. 119 of 2016.
Procedures on foot of service of notice mentioned in section 70 in non-contentious case.
71.—(1) Where—
(a) section 70 applies,
(b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and
(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.
(2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.
Procedures on foot of service of notice in cases not falling under section 71.
72.—(1) Where—
(a) section 70 applies,
(b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and
(c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,
the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.
(2) Where—
(a) section 70 applies,
(b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and
(c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,
the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant—
(i) of the contents of that notice, and
(ii) of the fact that that dispute has been referred to the Board.
(3) The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.
(4) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.
Chapter 5
Miscellaneous
Notice of termination by multiple tenants.
73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.
(2) Where this subsection applies, it suffices, for the purposes of section 62(1)(b), that the notice of termination is signed by one of the multiple tenants if—
(a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and
(b) the other tenant or each other tenant is named in the notice.
(3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.
(4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.
Offence to do certain acts on foot of invalid termination.
74.—(1) A person is guilty of an offence if—
(a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and
(b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.
(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.
(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—
(a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or
(b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.
(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).
PART 6
Dispute Resolution
Chapter 1
Referral of matters to Board for resolution
Interpretation (Part 6).
75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.
(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), 77 or 195(4) or paragraph 8(2) of F165[Schedule 1] to this Act.
(3) For the purposes of subsection (2) “disagreement” shall be deemed to include—
(a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,
(b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),
and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.
(4) References in this Part to a party, without qualification, are references to—
(a) a party to the dispute or disagreement concerned,
(b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,
(c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,
(d) in the case of a complaint mentioned in section 76(4), the licensee and the landlord, and
(e) in the case of a complaint mentioned in section 77—
(i) the complainant, and
(ii) the landlord of the dwelling concerned.
Annotations
Amendments:
F165
Substituted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 17, S.I. No. 236 of 2019.
F166
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(a), (c), not commenced as of date of revision.
F167
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(b), not commenced as of date of revision.
Modifications (not altering text):
C55
Prospective affecting provision: subs. (2) and (4)(d) amended and subs. (4)(da) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34, not commenced as of date of revision.
(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), F166[76A,] 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.
...
(4) ...
(d) in the case of a complaint mentioned in section 76(4), the licensee and the F167[landlord,]
F166[(da) in the case of a complaint mentioned in section 76A—
(i) the landlord and the tenant, or
(ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section,
and]
...
C56
Subs. (4)(b) applied with modifications (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(14), S.I. No. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. ...
(14) The provisions of the Act of 2004 specified in column (2) of the Table to this section at each reference number shall apply to cost rental tenancies as if the provisions of the Act of 2004 specified at the same reference number in column (3) of the Table were references to the provisions of this section specified at the same reference number in column (4) of the Table, subject, where relevant, to any proviso specified at the same reference number in column (5).
Table
Ref No. (1) |
Section of Act of 2004 (2) |
Provisions of Act of 2004 referenced (3) |
Substituted provisions of this section (4) |
Proviso (5) |
1. |
section 75(4)(b) |
section 23 |
subsection (13) |
|
... |
... |
... |
... |
Right of referral by parties to tenancy and certain other persons.
76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.
(2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.
(3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.
(4) A licensee referred to in section 50(7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.
Annotations
Modifications (not altering text):
C57
Application of subs. (4) restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(8), S.I. No. 424 of 2021.
Application of Act of 2004
32. ...
(8) Sections 50(8) and 76(4) of the Act of 2004 shall not apply to a person who is lawfully in occupation of a cost rental dwelling as a licensee of the tenant during the subsistence of a tenancy protected under Part 4 of that Act and who requests the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
F168[Right of referral of complaint in respect of compliance with section 86(1)(a)
76A.— ...]
Annotations
Amendments:
F168
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
Modifications (not altering text):
C58
Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
F168