Residential Tenancies Act 2004

Functions of Board.

151

151.—(1) The principal functions of the Board shall be—

( a) the resolution of disputes between tenants and landlords in accordance with the provisions of Part 6,

( b) the registration of particulars in respect of tenancies in accordance with the provisions of Part 7,

F271 [ ( ba ) the investigation of landlords and the imposition of sanctions in accordance with the provisions of Part 7A , ]

( c) the provision to the Minister of advice concerning policy in relation to the F272 [ ] rented sector,

F273 [ ( ca ) the making of reports to the Minister under section 24A ,

( cb ) the publication of statistics under section 114A , ]

( d) the development and publication of guidelines for good practice by those involved in the F272 [ ] rented sector,

( e) the collection and provision of information relating to the F272 [ ] rented sector, including information concerning prevailing rent levels,

( f) where the Board considers it appropriate, the conducting of research into the F272 [ ] rented sector and monitoring the operation of various aspects of the F272 [ ] rented sector or arranging for such research and monitoring to be done,

F274 [ ( fa ) the performance of the functions transferred to it by section 76 of the Residential Tenancies (Amendment) Act 2015, ]

( g) the review of the operation of this Act (and, in particular, Part 3) and any related enactments and the making of recommendations to the Minister for the amendment of this Act or those enactments,

( h) the performance of any additional functions conferred on the Board under subsection (3).

(2) The Board shall provide information to the Minister on such matters related to its functions and the F272 [ ] rented sector as may be requested by the Minister from time to time.

(3) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, after consultation with—

( a) the Board,

( b) that other Minister of the Government, and

( c) the Minister for Finance,

by order—

(i) confer on the Board such additional functions connected with the functions for the time being of the Board or activities that the Board is authorised for the time being to undertake as he or she considers appropriate,

(ii) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions under this subsection or the performance by the Board of functions so conferred.

F275 [ (4) In this section rented sector means

( a ) the sector of commercial activity in the State consisting of the letting of dwellings, and

( b ) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), to households referred to in that subsection. ]

Annotations

Amendments:

F271

Inserted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(a), S.I. No. 236 of 2019.

F272

Deleted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(b), (c), S.I. No. 151 of 2016.

F273

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 50, commenced as per s. 1(3)(b). Note that the amending section refers to s. 151 and not to s. 151(1).

F274

Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 77, S.I. No. 4 of 2016.

F275

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(d), S.I. No. 151 of 2016.

F276

Inserted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(b), not commenced as of date of revision.

F277

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 65, not commenced as of date of revision.

Modifications (not altering text):

C63

Prospective affecting provision: subs. (2A) inserted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(b), not commenced as of date of revision.

F276 [ (2A) ( a ) The Minister shall, not earlier than 12 months and not later than 15 months after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019, request the Board to provide him or her with such information in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term) as he or she may specify by such date (which shall be a date that falls not later than 3 months after the date of the request concerned) as he or she may specify.

( b ) The Board shall comply with a request under paragraph (a) .

( c ) The Minister shall, not later than 3 months after the date specified under paragraph (a) in respect of the request concerned

(i) prepare a report in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term), and

(ii) lay a copy of that report before each House of the Oireachtas ].

C64

Prospective affecting provision: subs. (1)(ba), (bb) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 65, not commenced as of date of revision.

F277 [ ( ba ) to retain deposits transmitted to it in accordance with this Act in one or more designated tenancy deposit accounts and to return the deposits to the parties concerned in accordance with this Act,

( bb ) to retain the interest that accrues on a designated tenancy deposit account and use it to meet the costs of the performance by it of its functions under this Act, ]

C65

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

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5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

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No. 27 of 2004

Residential Tenancies Act 2004

Sections 151(3)(c), 157(4), 164(5) and 174

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