Residential Tenancies Act 2004

Non-application of Part.

25

25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.

(2) Those conditions are—

( a) the dwelling concerned is one of 2 dwellings within a building,

( b) that building, as originally constructed, comprised a single dwelling, and

( c) the landlord resides in the other dwelling.

(3) A landlord’s opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.

(4) This Part does not apply to a tenancy of a dwelling—

( a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999) of the Taxes Consolidation Act 1997, or

( b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.

F61 [ (5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where

(a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and

(b) the consent of the public authority which

(i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4) , a party to the lease or contract referred to in section 3(2A) , or

(ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4) , the assistance referred to in that paragraph,

has, in respect of the designation referred to in paragraph (a) , been obtained by the approved housing body before it makes the designation.

(6) In subsection (5) transitional dwelling means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.

(7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5) , made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned

(a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and

(b) shall notify the Minister of that designation not later than 3 months after it is made. ]

Annotations

Amendments:

F61

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 9, S.I. No. 151 of 2016.

Modifications (not altering text):

C12

Prospective affecting provision: term “approved housing body” construed by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, not commenced as of date of revision.

Construction of certain references in other Acts or instruments made under Acts

68. References in—

(a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,

...

to—

(i) an approved housing body,

(ii) a housing body approved under section 6 of the Act of 1992,

(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or

(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,

as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.