Residential Tenancies Act 2004

Obligation to apply to register tenancy.

134

134.—(1) The landlord of a dwelling shall apply to the Board to register the tenancy of the dwelling under this Part.

(2) F187 [ Subject to subsection (2A) , an application ] under this section shall be made—

( a) in the case of a tenancy F188 [ (other than a tenancy to which paragraph (aa) applies) ] that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

F188 [ ( aa ) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and ]

( b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act F188 [ and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019 ])—

(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

(ii) in any other case — within whichever of the following periods expires the later—

(I) the period of 3 months from the commencement of this Part, or

(II) the period of 1 month from the commencement of the tenancy.

F189 [ (2A) Where an application under this section is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4) , an application under this section in respect of such tenancy shall be made

( a ) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

( b ) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

( c ) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy. ]

F187 [ (3) An application under this section shall

( a ) be in the prescribed form,

( b ) subject to subsections (4) and (7) , be accompanied by

(i) subject to subparagraph (ii) , the fee referred to in section 137(1)(b)(ii) , or

(ii) in the case of a tenancy referred to in subsection (2A) , the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b) ,

and

( c ) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee. ]

(4) The foregoing F187 [ requirements ] with respect to the application being accompanied by a fee F187 [ do ] not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in F187 [ subsection (2)(a) , (2)(b) , (2A)(i) , (2A)(ii) or (2A)(iii) ] and one of the following conditions is satisfied.

(5) Those conditions are that, in the 12 months preceding the relevant application—

( a) 2 applications, each accompanied by the fee specified in section 137 , F189 [ or where the applications are made pursuant to subsection (2A) , the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b) , ] have been made under this section by the applicant in respect of the relevant dwelling (and each within the period specified in F187 [ subsection (2)(a) , (2)(b) , (2A)(i) , (2A)(ii) or (2A)(iii) ] ,

F187 [ ( b ) the applicant has paid

(i) in respect of several applications falling within section 137(3) , the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

(ii) in respect of several applications falling within section 137A(3) , the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling, ]

( c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.

Annotations

Amendments:

F187

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(a), (c), (e), (f)(ii), (iii), S.I. No. 151 of 2016.

F188

Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(b)(ii)-(iv), S.I. No. 354 of 2019, subject to transitional provision in subs. (2)(b).

F189

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(b), (f)(i), S.I. No. 151 of 2016.

F190

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2)(a).

F191

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(b)(i), not commenced as of date of revision, subject to tranisitional provision in subs. 2(b).

F192

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(c), not commenced as of date of revision.

F193

Inserted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(d), not commenced as of date of revision.

F194

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(e)-(g), not commenced as of date of revision.

F195

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(d), not commenced as of date of revision.

Modifications (not altering text):

C34

Prospective affecting provision: subs. (1) substituted, subs. (2) amended, subs. (2A) amended, subss. (2B), (2C) inserted, subs. (3)(b) amended, subs. (3)(b)(i), (ii) amended, subs. (4) amended and subs. (5)(a) substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22, not commenced as of date of revision, subject to transitional provisions in subs. (2).

134.F190 [ (1) The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling

(a) on the commencement of the tenancy, and

(b) annually during the tenancy. ]

(2) F187 [ Subject to subsection (2A) , an application ] under F191 [ paragraph (a) of subsection (1) ] shall be made— ...

F189 [ (2A) Where an application under F192 [ paragraph (a) of subsection (1) ] is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4) , an application under F192 [ paragraph (a) of subsection (1) ] in respect of such tenancy shall be made

( a ) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

( b ) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

( c ) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy. ]

F193 [ (2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

(2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019. ]

F187 [ (3) An application under this section shall

( a ) be in the prescribed form,

( b ) subject to F194 [ subsection (4) ] , be accompanied by

(i) subject to subparagraph (ii) , the fee referred to in F194 [ section 137(1) ] , or

(ii) in the case of a tenancy referred to in subsection (2A) , the fee specified in F194 [ section 137A(1) ] ,

and

( c ) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee. ]

(4) The foregoing F187 [ requirements ] with respect to the application being accompanied by a fee F187 [ do ] not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in F194 [ paragraph (a) , (aa) or (b) of subsection (2) , paragraph (a) , (b) or (c) of subsection (2A) or subsection (2B) ] and one of the following conditions is satisfied.

(5) Those conditions are that, in the 12 months preceding the relevant application—

F194 [ ( a ) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1) , or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1) , has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a) , (aa) or (b) of subsection (2) , paragraph (a) , (b) or (c) of subsection (2A) , or subsection (2B) , ]

...

C35

Prospective affecting provision: subs. (3A) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(d), not commenced as of date of revision.

F195 [ (3A) Where a deposit referred to in section 12(1)(d)

( a ) has been paid to the landlord, the application under this section shall, pursuant to section 135A(1) , be accompanied by the deposit, or

( b ) has not been paid to the landlord and a statement referred to in section 135A(2) is, pursuant to that section, required to be furnished to the Board, the application under this section shall be accompanied by that statement. ]

...

Editorial Notes:

E81

Forms prescribed for purposes of subss. (2A) and (3) (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016).

E82

Previous affecting provision: subs. (7) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(g), not commenced; paragraph (g) repealed (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 36(a), S.I. No. 236 of 2019.

E83

Previous affecting provision: form for purposes of subs. (3) prescribed (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. 151 of 2016), reg. 3.

E84

Previous affecting provision: form for purposes of subs. (3) prescribed (18.06.2015) 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.