Residential Tenancies Act 2004

Obligation to apply to register tenancy.

134

134.F232[(1) The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling

(a) on the commencement of the tenancy, and

(b) annually during the tenancy.]

(2) F233[Subject to subsection (2A), an application] under F234[paragraph (a) of subsection (1)] shall be made—

(a) in the case of a tenancy F235[(other than a tenancy to which paragraph (aa) applies)] that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

F235[(aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and]

(b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act F235[and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019])—

(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

(ii) in any other case — within whichever of the following periods expires the later—

(I) the period of 3 months from the commencement of this Part, or

(II) the period of 1 month from the commencement of the tenancy.

F236[(2A) Where an application under F237[paragraph (a) of subsection (1)] is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4), an application under F237[paragraph (a) of subsection (1)] in respect of such tenancy shall be made

(a) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

(b) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

(c) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy.]

F238[(2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

(2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019.]

F233[(3) An application under this section shall

(a) be in the prescribed form,

(b) subject to F239[subsections (3B) and (4)] and (7), be accompanied by

(i) subject to subparagraph (ii), the fee referred to in F240[section 137(1)], or

(ii) in the case of a tenancy referred to in subsection (2A), the fee specified in F240[section 137A(1)],

and

(c) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee.]

F241[(3B) A fee shall not be payable in respect of an application to register a further Part 4 tenancy in accordance with paragraph (b) of subsection (1) (inserted by paragraph (a) of subsection (1) of section 22 of the Residential Tenancies (Amendment) Act 2019 ) of section 134 if—

(a) an application to register the tenancy was made in accordance with Part 7 before the commencement of paragraph (a) of section 23 of the Residential Tenancies (Amendment) Act 2019, and

(b) the fee in respect of that application is paid not later than one month after such commencement.]

(4) The foregoing F233[requirements] with respect to the application being accompanied by a fee F233[do] not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in F240[paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A) or subsection (2B)] and one of the following conditions is satisfied.

(5) Those conditions are that, in the 12 months preceding the relevant application—

F240[(a) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1), or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1), has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A), or subsection (2B),]

F233[(b) the applicant has paid

(i) in respect of several applications falling within section 137(3), the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

(ii) in respect of several applications falling within section 137A(3), the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling,]

(c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.

Annotations

Amendments:

F232

Substituted (4.04.2022) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(a), S.I. No. 167 of 2022, subject to transitional provision in subs. (2)(a).

F233

Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(a), (c), (e), (f)(iii), S.I. No. 151 of 2016.

F234

Substituted (4.04.2022) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(b)(i), S.I. No. 167 of 2022, subject to transitional provision in subs. 2(b).

F235

Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(b)(ii)-(iv), S.I. No. 354 of 2019, subject to transitional provision in subs. (2)(b).

F236

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(b), S.I. No. 151 of 2016.

F237

Substituted (4.04.2022) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(c), S.I. No. 167 of 2022.

F238

Inserted (4.04.2022) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(d), S.I. No. 167 of 2022.

F239

Substituted (4.04.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 7(1)(a), S.I. No. 165 of 2022.

F240

Substituted (4.04.2022) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 22(1)(e)-(g), S.I. No. 167 of 2022. Note amendment made by para. (e)(i) superseded (4.04.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 7(1)(a), S.I. No. 165 of 2022.

F241

Inserted (4.04.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 7(1)(b), S.I. No. 165 of 2022.

F242

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(d), not commenced as of date of revision.

Modifications (not altering text):

C74

Prospective affecting provision: subs. (3A) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(d), not commenced as of date of revision.

F242[(3A) Where a deposit referred to in section 12(1)(d)

(a) has been paid to the landlord, the application under this section shall, pursuant to section 135A(1), be accompanied by the deposit, or

(b) has not been paid to the landlord and a statement referred to in section 135A(2) is, pursuant to that section, required to be furnished to the Board, the application under this section shall be accompanied by that statement.]

...

Editorial Notes:

E119

Previous affecting provision: subs. (5)(a) amended (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(f)(i), (ii), S.I. No. 151 of 2016; subsection substituted as per F-note above.

E120

Forms prescribed for purposes of subss. (2A) and (3) (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 150 of 2016).

E121

Previous affecting provision: subs. (7) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 16(g), not commenced; paragraph (g) repealed (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 36(a), S.I. No. 236 of 2019.

E122

Previous affecting provision: form for purposes of subs. (3) prescribed (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015); revoked (6.04.2016) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 (S.I. No. 151 of 2016), reg. 3.

E123

Previous affecting provision: form for purposes of subs. (3) prescribed (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2012 (S.I. No. 162 of 2012); revoked (18.06.2015) by Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. No. 257 of 2015), reg. 3.