Residential Tenancies Act 2004

Service of notices.

6

6.—(1) A notice F22 [ or other document ] required or authorised to be served or given by or under this Act F23 [ or section 4 of the Residential Tenancies and Valuation Act 2020 ] shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:

( a) by delivering it to the person;

( b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

( c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

( d) where the notice F22 [ or other document ] relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.

(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.

(3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.

(5) A person who contravenes subsection (4) is guilty of an offence.

(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.

Annotations

Amendments:

F22

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.

F23

Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(3), commenced on enactment.