Residential Tenancies Act 2004

Obligations of landlords.

12

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,

F26 [ ( 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 F27 [ complaint, ]

F28 [ (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(4) . ]

(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—

F29 [ (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,

F29 [ ( 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:

F26

Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(a), commencement on enactment.

F27

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).

F28

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).

F29

Substituted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(3)(b), (c), commencement on enactment.

F30

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(a), (b), not commenced as of date of revision.

F31

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 23(c), not commenced as of date of revision.

Modifications (not altering text):

C9

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.

F30 [ (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) F30 [ A deposit referred to in subsection (1)(d) shall, in accordance with this Act, be returned to the tenant ] subject to the following provisions:

...

F31 [ (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. ]