Residential Tenancies Act 2004

Frequency with which rent reviews may occur.

20

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—

( a) more frequently than once in each period of 12 months, nor

( b) in the period of 12 months beginning on the commencement of the tenancy.

(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.

(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—

( a) the last review of the rent under the tenancy, or

( b) the commencement of the tenancy,

if, in that period—

(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

F44 [ (4) The references to 12 months in

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall, for the duration of the relevant period, be construed as references to 24 months .

(5) Subsections (4) and (6) shall cease to have effect on F45 [ 1 January 2022 and from that day ]

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall be read as if subsection (4) had not been enacted.

(6) In subsection (4) , relevant period means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on F45 [ 31 December 2021 ] . ]

Annotations

Amendments:

F44

Inserted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 25(1), commenced on enactment, subject to transitional provisions in subss. (2), (3).

F45

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 7(a), (b), S.I. No. 236 of 2019.