Residential Tenancies Act 2004

F78[Rent pressure zones

24A

24A. (1) The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone.

(2) As soon as practicable, but no later than 1 week after the date of receipt of the proposal under subsection (1), the Minister shall request the Director to make a report to the Minister (in this section referred to as a "rent zone report"), in such form as the Minister may approve, on whether, in so far as the area the subject of the proposal is concerned, the criteria specified in subsection (4) for designation as a rent pressure zone are satisfied.

(3) Within 2 weeks after the date that the Minister made the request under subsection (2), the Director shall furnish the Minister with the rent zone report.

(4) In making a rent zone report to the Minister, the Director shall confirm whether or not the following criteria have been met—

(a) the information relating to the area concerned, as determined by reference to the information used to compile each Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7 per cent in each of at least 4 of the 6 quarters (each being a period of 3 months that is contemporaneous with the period to which the Rent Index quarterly report concerned relates) preceding the period immediately prior to the date of the proposal by the Housing Agency to the Minister under subsection (1), and

F79[(b) the average rent (determined by reference to the information specified in paragraph (a)) in the area in respect of the 3 months to which the most recent Rent Index quarterly report applies is—

(i) in the case of the county of Kildare, the county of Meath, the county of Wicklow or a local electoral area in any one of those counties, above the average rent in the State (other than the Dublin Area) specified in that report, or

(ii) in the case of any—

(I) other county or local electoral area, or

(II) any city, city and county or local electoral area situated in such city or city and county,

above the average rent in the State (other than the Greater Dublin Area) specified in that report.]

(5) Where the Minister receives a rent zone report from the Director and the report confirms that the criteria in subsection (4) are satisfied, the Minister shall by order prescribe the area as a rent pressure zone for a specified period not exceeding 3 years.

(6) Where a local electoral area is prescribed by order as a rent pressure zone and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.

(7) The Minister may, on a recommendation from the Housing Agency, by order revoke an order made under subsection (5) or a deemed order under section 24B and, accordingly, section 8(3) does not apply to any such order or deemed order.

(8) In making a recommendation under subsection (7), the Housing Agency shall consider and provide a report to the Minister, on such matters as may be prescribed having regard to—

(a) the operation of the rental market,

(b) the operation of the housing market, and

(c) changes in rent levels in the period since the area concerned was designated as a rent pressure zone;

and, before making such a recommendation and providing a report under this subsection, the Housing Agency shall consult with the Board and the housing authority concerned on the matter.

(9) The Board shall publish, in such manner as it thinks fit, a notice of the making of an order by the Minister under subsection (5) or (7).

(10) In this section—

"area" means—

(a) the administrative area of a housing authority, or

(b) a local electoral area within the meaning of section 2 of the Local Government Act 2001;

F80["Dublin Area" means—

(a) the city of Dublin, and

(b) the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown;

"Greater Dublin Area" means—

(a) the Dublin Area, and

(b) the counties of Kildare, Wicklow and Meath;]

"Housing Agency" has the same meaning as it has in the Pyrite Resolution Act 2013;

"Rent Index quarterly reports" has the meaning given in the definition of "Rent Index";

"Rent Index" means the publication known as the Residential Tenancies Board Rent Index which is published by the Board in respect of each successive period of 3 months in every calendar year (in this section referred to as "Rent Index quarterly reports") pursuant to its functions under section 151(1)(e) and includes any other publication that it replaced or may replace it for the purposes of those functions.]

Annotations

Amendments:

F78

Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).

F79

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(a), S.I. No. 236 of 2019.

F80

Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(b), S.I. No. 236 of 2019.

Modifications (not altering text):

C26

Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.

Setting and review of rent in cost rental tenancy

33. (1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.

C27

Application of subs. (5), and orders made under subs. (5), restricted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

(2) Notwithstanding subsection (5) of section 24A of the Act of 2004 or any order made thereunder, the period specified in any such order to be the period during which an area shall stand prescribed as a rent pressure zone shall expire on 31 December 2021.

Editorial Notes:

E32

Power pursuant to subs. (5) exercised (30.11.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Westmeath County Council) Order 2023 (S.I. No. 579 of 2023), in effect as per art. 2.

E33

Power pursuant to subs. (5) exercised (30.11.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Shannon) Order 2023 (S.I. No. 578 of 2023), in effect as per art. 2.

E34

Note amendment of period for rent pressure zones in orders made under subs. (5) to 31 December 2021 made (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019, as amended to 31 December 2024 (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 18, commenced on enactment.

Note also extension of period for certain deemed rent pressure zones to 31 December 2024 in s. 24B below.

E35

Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area Of Waterford City And County Council) Order 2023 (S.I. No. 433 of 2023), in effect as per art. 2.

E36

Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Limerick City and County Council) Order 2023 (S.I. No. 432 of 2023), in effect as per art. 2.

E37

Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Administrative Area of Kilkenny County Council) Order 2023 (S.I. No. 431 of 2023), in effect as per art. 2.

E38

Power pursuant to subs. (5) exercised (31.08.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Ennis) Order 2023 (S.I. No. 430 of 2023), in effect as per art. 2.

E39

Power pursuant to subs. (5) exercised (28.06.2023 to 31.12.2024) by Rent Pressure Zone (Local Electoral Area of Westport) Order 2023 (S.I. No. 333 of 2023), in effect as per art. 2.

E40

Power pursuant to subs. (5) exercised (29.09.2020 to 31.12.2021) by Rent Pressure Zone (Administrative Area of Kildare County Council) Order 2020 (S.I. No. 380 of 2020), in effect as per art. 2.

E41

Power pursuant to subs. (5) exercised (16.07.2020 to 31.12.2020) by Rent Pressure Zone (Local Electoral Area of Bandon - Kinsale) Order 2020 (S.I. No. 247 of 2020), in effect as per art. 2.

E42

Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Tullamore) Order 2020 (S.I. No. 140 of 2020), in effect as per art. 2.

E43

Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mullingar) Order 2020 (S.I. No. 139 of 2020), in effect as per art. 2.

E44

Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mallow) Order 2020 (S.I. No. 138 of 2020), in effect as per art. 2.

E45

Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Killarney) Order 2020 (S.I. No. 137 of 2020), in effect as per art. 2.

E46

Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Athy) Order 2020 (S.I. No. 136 of 2020), in effect as per art. 2.

E47

Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Strandhill) Order 2019 (S.I. No. 647 of 2019), in effect as per art. 2.

E48

Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Piltown) Order 2019 (S.I. No. 646 of 2019), in effect as per art. 2.

E49

Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2019 (S.I. No. 645 of 2019), in effect as per art. 2.

E50

Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Baltinglass) Order 2019 (S.I. No. 644 of 2019), in effect as per art. 2.

E51

Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Macroom) Order 2019 (S.I. No. 479 of 2019), in effect as per art. 2.

E52

Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Carlow) Order 2019 (S.I. No. 478 of 2019), in effect as per art. 2.

E53

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City South) Order 2019 (S.I. No. 326 of 2019), in effect as per art. 2.

E54

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City East) Order 2019 (S.I. No. 325 of 2019), in effect as per art. 2.

E55

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Trim) Order 2019 (S.I. No. 324 of 2019), in effect as per art. 2.

E56

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Portlaoise) Order 2019 (S.I. No. 323 of 2019), in effect as per art. 2.

E57

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Midleton) Order 2019 (S.I. No. 322 of 2019), in effect as per art. 2.

E58

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City West) Order 2019 (S.I. No. 321 of 2019), in effect as per art. 2.

E59

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City North) Order 2019 (S.I. No. 320 of 2019), in effect as per art. 2.

E60

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kilkenny) Order 2019 (S.I. No. 319 of 2019), in effect as per art. 2.

E61

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kells) Order 2019 (S.I. No. 318 of 2019), in effect as per art. 2.

E62

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Graiguecullen - Portarlington) Order 2019 (S.I. No. 317 of 2019), in effect as per art. 2.

E63

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gort - Kinvara) Order 2019 (S.I. No. 316 of 2019), in effect as per art. 2.

E64

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gorey) Order 2019 (S.I. No. 315 of 2019), in effect as per art. 2.

E65

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Fermoy) Order 2019 (S.I. No. 314 of 2019), in effect as per art. 2.

E66

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk South) Order 2019 (S.I. No. 313 of 2019), in effect as per art. 2.

E67

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk - Carlingford) Order 2019 (S.I. No. 312 of 2019), in effect as per art. 2.

E68

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athlone) Order 2019 (S.I. No. 311 of 2019), in effect as per art. 2.

E69

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athenry - Oranmore) Order 2019 (S.I. No. 310 of 2019), in effect as per art. 2.

E70

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Arklow) Order 2019 (S.I. No. 309 of 2019), in effect as per art. 2.

E71

Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Ardee) Order 2019 (S.I. No. 308 of 2019), in effect as per art. 2.

E72

Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Navan) Order 2019 (S.I. No. 122 of 2019), in effect as per art. 2.

E73

Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Limerick City East) Order 2019 (S.I. No. 121 of 2019), in effect as per art. 2.

E74

Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E75

Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E76

Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E77

Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E78

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Kildare-Newbridge) Order 2017 (S.I. No. 29 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E79

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Laytown-Bettystown) Order 2017 (S.I. No. 28 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E80

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ashbourne) Order 2017 (S.I. No. 27 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E81

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ratoath) Order 2017 (S.I. No. 26 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E82

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Bray) Order 2017 (S.I. No. 25 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E83

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Wicklow) Order 2017 (S.I. No. 24 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E84

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City East) Order 2017 (S.I. No. 23 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E85

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Celbridge-Leixlip) Order 2017 (S.I. No. 22 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E86

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City Central) Order 2017 (S.I. No. 21 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E87

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Naas) Order 2017 (S.I. No. 20 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E88

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City West) Order 2017 (S.I. No. 19 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.

E89

Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ballincollig-Carrigaline) Order 2017 (S.I. No. 18 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.