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 F92[90 days] before the date from which the new rent is to have effect, a notice F93[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 F94[and the matters specified in subsection (2A) F95[, and a copy of that notice is served on the Board on the same day on which the notice is served on the tenant]].

F94[(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) F96[rent information contained in the published register in relation to dwellings]—

F97[(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling 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 F98[paragraph (c)], and without prejudice to the generality of that paragraph, the F99[rent information contained in the published register and the number assigned under section 135(3) in respect of the most recent tenancy of each of 3 dwellings]—

F99[(i) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy,]

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

F100[(da) specify the floor area of the dwelling the subject of the tenancy,

(db) where the dwelling the subject of the tenancy is a building to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, specify the BER in respect of that dwelling,]

F101[…]

(e) include the date on which the notice is F98[signed, F102[…]]

F103[(f) F104[…] 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 F105[not apply, and]]

F106[(g) F104[…] state how any increase in the rent last set under the tenancy of the dwelling was calculated or, where F107[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) F108[…]]

(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.

F109[(4) It shall be an offence for a landlord to set a rent pursuant to a review of the rent under a tenancy by serving notice of the rent on the tenant other than in accordance with the condition specified in subsection (2).]