Residential Tenancies Act 2004

Fee to accompany application under section 134 .

137

137.—(1) The fee to accompany an application under section 134 shall, subject to subsections (2) and (6) F215 [ and section 137A ] , be—

( a) if the application is made in the period of 12 months beginning on the commencement of section 134 , a fee of the amount of €70, or

F216 [ ( b ) Subject to subsections (2) and (6) and section 137A , the fee to accompany an application under section 134 shall

(i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be 40, or

(ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period

(I) be 40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

(2) The requirement under F217 [ section 134 (3)(b)(i) ] for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications mentioned in subsection (3), if the applicant mentioned in that subsection opts to pay to the Board a single fee of the amount specified in subsection (4) in respect of those applications.

(3) The applications referred to in subsection (2) are applications made by the same person at the same time F218 [ in respect of not more than 10 tenancies ] of dwellings comprised in the same property.

(4) The amount of the single fee referred to in subsection (2) is—

( a) if the applications concerned are made in the period of 12 months beginning on the commencement of section 134 , €300, or

F216 [ ( b ) The amount of the single fee referred to in subsection (2) shall

(i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be 170, or

(ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period

(I) be 170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

(5) The option of paying the single fee referred to in subsection (2) is not available to the person mentioned in subsection (3) if the applications concerned are not made within the period specified in section 134(2)(a) or (b).

(6) If an application under section 134 is not made within the period specified in subsection (2)(a) or (b) of that section then the fee to accompany that application shall be a fee of an amount that is double the amount referred to in paragraph (a) or (b)(i) or, as the case may be, paragraph (b)(ii) of subsection (1).

Annotations

Amendments:

F215

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 17(a), S.I. No. 151 of 2016.

F216

Substituted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(1)(a), (c), S.I. No. 354 of 2019.

F217

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 17(b), S.I. No. 151 of 2016.

F218

Substituted (20.04.2017) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 17(c), S.I. No. 159 of 2017.

F219

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

F220

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

F221

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(c), not commenced as of date of revision, subject to transitional provision in subs. (2).

F222

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(d), not commenced as of date of revision, subject to transitional provision in subs. (2).

F223

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25(e), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C42

Prospective affecting provision: subs. (1)(a) substituted, subs. (2) amended, subs. (4)(a) substituted, subs. (5) amended, subs. (6) substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 25, not commenced as of date of revision, subject to transitional provision in subs. (2).

137.F219 [ (1) ( a ) Subject to subsections (2) and (6) and section 137A , the fee to accompany an application under section 134 shall

(i) in the case of an application (other than an application referred to in paragraph (b) ) made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be 40, and

(ii) in the case of an application (other than an application referred to in paragraph (b) ) made after that period

(I) be 40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

( b) ...

(2) The requirement under F217 [ section 134 (3)(b)(i) ] F220 [ that a fee referred to in subsection (1) ] accompany an application under section 134 shall be regarded as satisfied, as respects the applications mentioned in subsection (3), if the applicant mentioned in that subsection opts to pay to the Board a single fee of the amount specified in subsection (4) in respect of those applications.

(3) The applications referred to in subsection (2) are applications made by the same person at the same time F218 [ in respect of not more than 10 tenancies ] of dwellings comprised in the same property.

F221 [ (4) ( a ) The amount of the single fee referred to in subsection (2) shall

(i) if the applications (other than an application referred to in paragraph (b) ) concerned are made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be 170, or

(ii) if the applications (other than an application referred to in paragraph (b)) concerned are made after that period

(I) be 170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

( b) ...

(5) The option of paying the single fee referred to in subsection (2) is not available to the person mentioned in subsection (3) if the applications concerned are not made within the period specified in F222 [ subsection (2) or (2B) of section 134 ] .

F223 [ (6) If an application under subsection (1) of section 134 is made after the expiration of the period specified in subsection (2) or subsection (2B) , as may be appropriate, the fee required to accompany that application shall be of such amount as is equal to the aggregate of

( a ) the fee that would have been payable had the application been made before the expiration of that period, and

( b ) 10 in respect of each month or part of a month falling after such expiration. ]

Editorial Notes:

E87

Previous affecting provision: subs. (6) substituted and subs. (7) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 17(d), (e), not commenced; repealed (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 36(b), S.I. No. 236 of 2019.