Residential Tenancies Act 2004

Provision in aid of enforcement of registration requirements.

144

144.—(1) If it appears to the Board that a particular tenancy that ought to be registered in the register has not been the subject of an application for registration under section 134 , it shall serve the notice referred to in subsection (2) on the person whom it considers to be the landlord under that tenancy.

(2) That notice is a notice—

( a) stating the Board's opinion that the tenancy mentioned in the notice is required to be registered in the register and, accordingly, that an application for registration of the tenancy under section 134 must be made by the addressee of the notice, and

( b) requesting the addressee of the notice to furnish to the Board, within a period specified in the notice, the reasons why the addressee considers (if such be the case) that the opinion is not well founded.

(3) If the addressee of the notice referred to in subsection (2)

( a) does not furnish to the Board, in accordance with the notice, the reasons requested, or

( b) furnishes, in accordance with the notice, reasons to the Board which do not result in its altering the opinion stated in that notice,

the Board shall (unless an application has by then been made under section 134 to register the tenancy) serve a further notice on the addressee stating that he or she is required to apply to the Board under section 134 to register the tenancy in the register and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, he or she is guilty of an offence.

(4) A person who fails to comply with a notice under subsection (3) within the period of 14 days from the receipt by him or her of the notice is guilty of an offence.

(5) For the purpose of a person’s complying with the requirement in a notice under subsection (2) or (3) to register a tenancy under section 134 , that section F234 [ shall apply as if subsection (2) or, as the case may be, subsection (2A) ] were omitted from it (but for that purpose only and not so as to affect the application of section 137(6) F234 [ or 137A(6) ] ).

(6) Proceedings for an offence under subsection (4) may not be brought if more than a year has elapsed between the date of service of the notice under subsection (2) and of the notice under subsection (3) in relation to the matter concerned.

(7) The reference in subsection (1) to a particular tenancy that ought to be registered shall be deemed to include a reference to a tenancy which, in the opinion of the Board, exists in respect of a dwelling and, accordingly, ought to be registered; where the Board is of that opinion in respect of a dwelling then the notice referred to in subsection (2) concerning that dwelling shall expressly state that as part of the opinion stated by the Board in the notice.

Annotations

Amendments:

F234

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 20, S.I. No. 151 of 2016.