Residential Tenancies Act 2004

“relevant date”, “landlord”, “tenant”, “lease”, etc.

5

5.—(1) In this Act—

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;

“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;

“relevant date” means the date on which Part 4 is commenced F20 [ or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ];

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;

“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.

(2) A reference in this Act to—

( a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and

( b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.

(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—

( a) legal costs or expenses, or

( b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.

(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection F21 [ and the amount of such costs shall not exceed 5,000 ].

Annotations

Amendments:

F20

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(2), S.I. No. 151 of 2016.

F21

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86 and sch., S.I. No. 119 of 2016.