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Residential Tenancies Act 2004
F124[Provision in aid of enforcement of requirements relating to setting of rent
22B.—(1) Where the Board has reasonable grounds for believing that a person has committed a relevant offence, it may serve a notice in writing (in this section referred to as a "fixed payment notice") in the prescribed form stating that—
(a) the person is alleged to have committed the relevant offence concerned (in this section referred to as the "alleged offence"),
(b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €200 or such greater amount not exceeding €1,000 as may be prescribed, identifying the notice to which the payment relates,
(c) the person is not obliged to make the payment specified in the notice,
(d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and
(e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
(2) Where a fixed payment notice is served—
(a) the person to whom it applies may make a payment in accordance with subsection (1)(b),
(b) the Board shall, upon receipt of the payment, issue a receipt for it,
(c) any payment received by the Board shall not be recoverable by the person who made it, and
(d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (1)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.
(3) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (1)(b) pursuant to a fixed payment notice served in respect of the alleged offence.
(4) The Minister may prescribe different amounts for different offences for the purposes of subsection (1).
(5) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.
(6) In this section, "relevant offence" means an offence under section 19(6G) or 22(7).]
Annotations
Amendments:
F124
Inserted (14.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 24(1), S.I. No. 434 of 2026, subject to transitional provisions in subs. (2)(a), (b).
Editorial Notes:
E56
Power pursuant to section exercised (14.09.2026) by Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2026 (S.I. No. 435 of 2026), in operation as per reg. 2.
E57
The section heading is taken from the amending section in the absence of one included in the amendment.