Residential Tenancies Act 2004

F355[SCHEDULE 2

Section 148R

Improper conduct in relation to a landlord means

(a) the commission by the landlord of a contravention of F356[subsection (4) or (5B) of section 19], subsection (1) of section 134 or subsection (1) of section 139,

(b) the seeking by the landlord to rely on subsection (5) of section 19 in respect of a dwelling that does not comply with the requirements of that subsection,

F357[(ba) F358[the seeking or requiring by the landlord (within the meaning of section 19B) of] a payment to him or her of an amount or amounts in contravention of section 19B.]

F359[(bb) the requesting or requiring by the landlord (within the meaning of section 19C) of a person to enter into a lease or tenancy agreement in relation to a dwelling referred to in subsection (1A) of section 3 the duration of which is a period of more than 41 weeks in contravention of section 19C,]

(c) the citing by a landlord in a notice of termination of a reason for the termination of the tenancy concerned that is, and that he or she knows to be, false or misleading in a material respect,

(d) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 3 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in paragraph (aa) of subsection (8) of section 35 in circumstances where the conditions referred to in the said paragraph (aa) are satisfied,

(e) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 4 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied,

(f) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 5 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied, or

(g) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 6 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied.]

Annotations

Amendments:

F355

Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 34, S.I. No. 286 of 2019.

F356

Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 4(b), commenced on enactment.

F357

Inserted (9.07.2021) by Residential Tenancies (No. 2) Act (17/2021), s. 17(b), commenced on enactment.

F358

Substituted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 6(1)(a), S.I. No. 358 of 2024, subject to transitional provision in subs. (2).

F359

Inserted (19.07.2024) by Residential Tenancies (Amendment) Act 2024 (22/2024), s. 6(1)(b), S.I. No. 358 of 2024, subject to transitional provision in subs. (2).

Editorial Notes:

E143

Previous affecting provision: para. (a) amended (9.07.2021) by Residential Tenancies (No. 2) Act (17/2021), s. 17(a), commenced on enactment; substituted as per F-note above.