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,

F40[(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 F41[complaint,]

F39[(i) in the case of a tenancy (other than F43[a tenancy of a dwelling referred to in section 3(4), a cost rental tenancy (within the meaning of the Affordable Housing Act 2021) or] a tenancy to which section 5(4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 (in this paragraph referred to as a "relevant tenancy"), furnish the tenant F44[…], in writing, with the following information at the commencement of the relevant tenancy:

(i) the amount of rent that was last set under the most recent previous tenancy, if any, of the dwelling;

(ii) the date the rent was last set under the most recent previous tenancy, if any, of the dwelling;

(iii) a statement as to how the rent set under the relevant tenancy has been calculated having regard to section 19;

(iv) the number assigned under section 135(3) in respect of the most recent previous tenancy, if any, of the dwelling;

(v) by reference to the published register, the amount of rent payable and the number assigned under section 135(3) in respect of the most recent tenancy, preceding the date of commencement of the relevant tenancy, of each of 3 dwellings—

(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character and (where applicable) BER to the dwelling the subject of the relevant tenancy, and

(II) situated in a comparable area to that in which the dwelling the subject of the relevant tenancy is situated.]

(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—

F45[(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,

F45[(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.

F46[(6) A landlord under a tenancy to which subsection (1)(i) applies shall, within one month from the commencement of a tenancy, give to the Board, in writing, the information required to be furnished to the tenant under that paragraph.

(7) Where, after the expiration of the one month period referred to in subsection (6), it appears to the Board that a landlord referred to in that subsection (6) has failed to give to the Board, in writing, the information referred to in that subsection, the Board may serve the notice referred to in subsection (8).

(8) The notice shall—

(a) inform the landlord of the Board’s opinion, and

(b) request the landlord to, within the period specified in the notice—

(i) give to the Board, in writing, the information referred to in subsection (6), or

(ii) furnish to the Board the reasons why the landlord considers (if such be the case) that the opinion is not well founded.

(9) If the landlord, within the period specified in the notice—

(a) does not give to the Board, in writing, the information referred to in subsection (6), or

(b) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the landlord stating that the landlord is required to give to the Board, in writing, the information referred to in subsection (6), that the Board’s opinion has not altered and that, if the landlord fails to do so within 14 days from the receipt by the landlord of the notice, the landlord shall be guilty of an offence.

(10) A landlord who fails to comply with a notice under subsection (9) within 14 days from the receipt by the landlord of the notice shall be guilty of an offence.

(11) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (10), it may serve on the person a notice in the prescribed form (in this section referred to as a “fixed payment notice”) stating that—

(a) the person is alleged to have committed an offence under subsection (10) (in this section referred to as the “alleged offence”),

(b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

(c) the person is not obliged to make the payment specified in the notice,

(d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

(e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(12) Where a fixed payment notice is served

(a) the person to whom it applies may make a payment in accordance with subsection (11)(b),

(b) the Board shall, upon receipt of the payment, issue a receipt for it,

(c) any payment received by the Board shall not be recoverable by the person who made it, and

(d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (11)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(13) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (11)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

(14) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.]