Residential Tenancies Act 2004

F224 [ Fee to accompany application under section 134(2A)

137A

137A. (1) The fee to accompany an application under section 134(2A) shall be

( a ) if the application is made in the period of 12 months beginning on commencement of section 3(4) , a fee of 45, or

( b ) if the application is made after the period referred to in paragraph (a)

(i) unless subparagraph (ii) applies, a fee of 90, or

(ii) if the Board has, under subsection (1A) of section 138 , declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection.

(2) The requirement under section 134(3)(b)(ii) for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications referred to in subsection (3) , if the applicant referred to in subsection (3) opts to pay 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 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 comm encement of section 3(4) , 187.50, or

( b ) if the applications concerned are made after the period referred to in paragraph (a)

(i) unless subparagraph (ii) applies, a fee of 375, or

(ii) if the Board has, under subsection (1A) of section 138 , declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection.

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

(6) If an application under section 134(2A) is not made within the period specified in paragraph (a) , (b) or (c) of section 134(2A) , the fee to accompany that application shall, subject to subsection (7) , be the total amount of

( a ) the fee referred to in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) , and

( b ) an additional amount of 20 for

(i) each month, or

(ii) part of a month,

falling after the expiration of the period specified in paragraph (a) , (b) or (c) of section 134(2A) .

(7) The fee referred to in subsection (6) shall not exceed the total amount of 240. ]

Annotations

Amendments:

F224

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42.2015), s. 18, S.I. No. 151 of 2016.

F225

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 26(1)(a), not commenced as of date of revision, subject to transitional provision in subs. (2).

F226

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 26(1)(b), not commenced as of date of revision, subject to transitional provision in subs. (2).

F227

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 26(1)(c), not commenced as of date of revision, subject to transitional provision in subs. (2).

F228

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 26(1)(d), not commenced as of date of revision, subject to transitional provision in subs. (2).

F229

Substituted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 26(1)(e), not commenced as of date of revision, subject to transitional provision in subs. (2).

Modifications (not altering text):

C43

Prospective affecting provision: subs. (1) substituted, subs. (2) amended, subs. (4) substituted, subs. (5) amended, subs. (6) substituted by Residential Tenancies (Amendment) At 2019 (14/2019), s. 26, not commenced as of date of revision.

F224 [ 137A. F225 [ (1) Subject to subsections (2) and (6) , the fee that is required to accompany an application referred to in subsection (2A) of section 134 shall

( a ) in the case of an application made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be 20, or

( b ) in the case of an application made after that period

(i) be 20, 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 section 134(3)(b)(ii) F226 [ that a fee referred to in subsection (1) ] accompany an application under section 134 shall be regarded as satisfied, as respects the applications referred to in subsection (3) , if the applicant referred to in subsection (3) opts to pay 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 in respect of not more than 10 tenancies of dwellings comprised in the same property.

F227 [ (4) The amount of the single fee referred to in subsection (2) shall

( a ) if the applications concerned are made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be 85, or

( b ) if the applications concerned are made after that period

(i) be 85, 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 referred to in subsection (3) if the applications concerned are not made within the period specified in F228 [ subsection (2A) or (2B) , as may be appropriate, of section 134 ] .

F229 [ (6) If an application referred to in subsection (2A) of section 134 is made after the expiration of the period specified in that subsection, 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 ) 5 in respect of each month or part of a month falling after such expiration. ]

(7) The fee referred to in subsection (6) shall not exceed the total amount of 240. ]