Residential Tenancies Act 2004

Tenant to be notified of new rent.

22

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.

(2) That condition is that, at least F47 [ 90 days ] before the date from which the new rent is to have effect, a notice F48 [ in the prescribed form ] is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect F49 [ and the matters specified in subsection (2A) ] .

F49 [ (2A) The notice referred to in subsection (2) shall

(a) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect,

(b) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before

(i) the date stated in the notice as the date from which that rent is to have effect, or

(ii) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later,

(c) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to

(i) the other terms of the tenancy, and

(ii) letting values of dwellings

(I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

(d) specify, for the purposes of F50 [ paragraph (c) ] , and without prejudice to the generality of that paragraph, the amount of rent sought for 3 dwellings

(i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

F51 [ ]

(e) include the date on which the notice is F50 [ signed, and ]

F52 [ (f) where the dwelling is in a rent pressure zone (within the meaning given in section 19(7) ), state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does not apply. ]

(2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent.

(2C) In this section amount of rent sought means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which the notice referred to in subsection (2) is served. ]

(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—

( a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or

( b) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later.

Annotations

Amendments:

F47

Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(i), commenced on enactment, subject to transitional provision in subs. (2).

F48

Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(ii), S.I. No. 216 of 2016.

F49

Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(iii) and (b), S.I. No. 216 of 2016.

F50

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(a), (b), commenced as per s. 1(3)(b).

F51

Deleted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).

F52

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).