Residential Tenancies Act 2004

F253 [ Enforcement of obligation under section 148P

148Q

148Q. ... ]

Annotations

Amendments:

F253

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

Modifications (not altering text):

C61

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

F253 [ 148Q. (1) Where, after the expiration of the 6 month period referred to in section 148P , it appears to the Board that a deposit for a tenancy registered in the register or a notice referred to in section 148P(2) has not been furnished to the Board in accordance with section 148P within that period, the Board shall, as soon as practicable

( a ) notify the parties to the tenancy in writing that it has not received the deposit or the notice referred to in section 148P , and

( b ) request the landlord

(i) to transmit the deposit to the Board or to furnish the statement referred to in section 148P(2) not later than 14 days from the receipt of the notice, or

(ii) to notify the Board in writing, not later than 14 days from receipt of the notice, that a notice of termination has been served on the tenant and of the date of service of that notice, or that the tenancy has been terminated, and of the date of the termination.

(2) The landlord shall notify the tenant in writing of the transmission of the deposit or notice pursuant to paragraph (b)(i) or the notification to the Board referred to in paragraph (b)(ii) .

(3) Where a notice under subsection (1) is sent to a landlord and he or she does not

( a ) transmit to the Board, within the period referred to in paragraph (b)(i) of subsection (1) , the deposit referred to in that subsection,

( b ) provide to the Board, within the period referred to in paragraph (b)(i) of subsection (1) , the statement referred to in that subsection, or

( c ) notify the Board, within the period referred to in paragraph (b)(ii) of subsection (1) , that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act,

the Board shall serve a further notice on the landlord stating that he or she is required to

(i) transmit a deposit referred to in subsection (1)(b)(i) or provide the statement referred to in subsection (1)(b)(ii) to the Board within 14 days from the date of receipt of the further notice, or

(ii) notify the Board, within 14 days from the date of the further notice that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act,

and that where he or she fails to do so within that period, he or she is guilty of an offence.

(4) A person who fails to comply with a further notice under subsection (3) is guilty of an offence.

(5) It shall be a defence for a person charged with an offence under subsection (4) for that person to show that he or she took all reasonable steps to comply with subsection (3) . ]