C78

Prospective affecting provision: subs. (1A) inserted, subs. (4)(c) substituted, subss. (4A), (4B) and (4C) inserted and subs. (7) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 60(a), (b), (c) and (e), not commenced as of date of revision.

F262[(1A) Where—

(a) a further Part 4 tenancy comes into being, and

(b) pursuant to subsection (1)(c), such further Part 4 tenancy is required to be registered,

the requirement under section 134(3A) that such registration be accompanied by the deposit referred to in section 135A or the notice referred to in section 135A(2) shall be satisfied if—

(i) the deposit that, in accordance with section 134(3A), accompanied the registration of the tenancy under section 134, has not been returned to either or both parties and remains in the designated tenancy deposit account,

(ii) the deposit that, in accordance with section 148P, was transmitted to the Board, has not been returned to either or both parties and remains in the designated tenancy deposit account,

(iii) a notice referred to in section 135A accompanied, in accordance with section 134(3A), the registration of the tenancy under section 134, and subsequent to the furnishing of that notice to the Board, the tenant has not paid a deposit referred to in section 12(1)(d) to the landlord, or

(iv) a notice referred to in section 148P(2) was sent to the Board and subsequent to the furnishing of that notice to the Board the tenant has not paid a deposit referred to in section 12(1)(d) to the landlord.]

...

(4) ...

F263[(c) acknowledge the receipt by the Board of a deposit referred to in section 135A and the amount of that deposit, or a notice referred to in section 135A,]

...

F264[(4A) An acknowledgement referred to in subsection (4) shall specify—

(a) the procedures for the return of the deposit and the requirement on the parties under this Act and the conditions, in respect of such return, referred to in section 12(4),

(b) the obligations on the parties referred to in sections 12(1)(d)(ii), 16(o) and 148A,

(c) that, without prejudice to paragraph (b) and the obligation on the parties under sections 12(1)(d)(ii)(III) and 16(o)(iii), all notifications relating to the return of the deposit referred to in section 12(1)(d) will be sent to the most recent address provided to the Board by each party, and

(d) that any interest that accrues on the deposit held by the Board will be retained by the Board in accordance with this Act.

(4B) Where an application under section 134 is received by the Board and is not accompanied by the deposit, or statement, referred to in section 135A(2), without prejudice to subsections (4) and (5), the Board shall, as soon as practicable, notify the parties in writing of the omission concerned and request the landlord to transmit such deposit or provide such statement not later than 14 days from the receipt of the notice under this subsection.

(4C) The notification in writing under subsection (4B) shall be in the prescribed form.]

...

F261[(7) Subsection (6) shall not apply where the deposit, or the statement, referred to in section 134(3A), have not accompanied the application under section 134.]

C79

Subs. (4)(e)(i), (ii)(I) 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)
...	...	...	...
6.	section 135(4)(e)(i)(I)	sections 19, 20 and 22	subsections (2) to (12)
7.	section 135(4)(e)(ii)(I)	section 19	subsection (2), (3)(a) and (4)(a)