Temination Issues

57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—

( a) one to which this Act applies but to which Part 4 does not apply F136 [ (by reason of the operation of sections 3(7)(c) or 25 ) ], or

( b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).

58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.

(2) Accordingly, the termination by the landlord or the tenant of—

( a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, F137 [ … ]

( b) a tenancy to which section 25 F138 [ applies, or ]

F139 [ ( c ) a tenancy of a dwelling referred to in subsection (1A) of section 3 . ]

must be effected by means of a notice of termination that complies with this Part.

(3) Each of the following—

( a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),

( b) a tenancy referred to in subsection (2)(b), and

( c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4,

shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).

59.—Subject to section 60 , neither—

( a) any rule of law, nor

( b) provision of any enactment in force immediately before the commencement of this Part,

which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.

60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65(4) , that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.

61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.

(2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.

62.—(1) A notice of termination to be valid shall—

( a) be in writing,

( b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

( c) specify the date of service of it,

( d) be in such form (if any) as may be prescribed,

( e) if the duration of the tenancy is a period of more than 6 months, F140 [ or the tenancy is a further Part 4 tenancy, ] state (where the termination is by the landlord) the reason for the termination,

( f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

(i) on which the tenancy will terminate, and

(ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

( g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within 28 days from the date of receipt of it.

(2) Subsection (1) is without prejudice to Chapter 4 and section 81(3) (which specify additional requirements in respect of a tenancy that has been sub-let).

63.—For the purposes of section 62(1)(f) , the day that is to be specified in a notice of termination is the last day of—

( a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or

( b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65(4) , to give by that notice of termination.

64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.

(2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.

(3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).

64A. On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that —

( a ) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and

( b ) the notice of termination is otherwise in compliance with the provisions of this Act. ]

64B. (1) For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of —

( a ) the said Part 4 tenancy, or

( b ) a further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

(2) This section is without prejudice to subsection (2) of section 61 . ]

65.—(1) This Chapter states the period of notice to be given by a notice of termination.

(2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62(1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.

(3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.

(4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 70 days may not be given in respect of it.

F144 [ (5) In the case of a tenancy of a dwelling referred to in subsection (1A) of section 3 a period of notice of more than 28 days may be given by a tenant in accordance with subsection (2C) of section 66 . ]

66.—(1) This section applies where the tenancy is being terminated—

( a) otherwise than by reason of the landlord’s or tenant’s failure to comply with any of the obligations of the tenancy, or

( b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.

(2) F145 [ Subject to subsection (2A) , where ] this section applies the period of notice to be given by the notice of termination is—

( a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and

( b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.

F146 [ (2A) ( a ) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the ‘ original notice ’ ), an adjudicator or the Tribunal, as the case may be, makes a determination that —

(i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice,

(ii) the defect concerned does not prejudice, in a material respect, the original notice, and

(iii) the original notice is otherwise in compliance with the provisions of this Act,

the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b) .

( b ) In the circumstances set out in paragraph (a) , the following shall apply:

(i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the ‘ remedial notice ’ );

(ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121 ;

(iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;

(iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of —

(I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and

(II) 28 days;

(v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;

(vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act. ]

F146 [ (2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 F147 [ by the landlord ] and specified in the notice of termination shall be not less than 28 days. ]

F148 [ (2C) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the tenant and specified in the notice of termination shall be 28 days or such longer period as the tenant chooses. ]

(3) This section is subject to section 69 .

F149 [ TABLE 1

F150 [

Termination by Landlord

F149 [ TABLE 2

Termination by Tenant

67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

(i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1) , or

(ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

F151 [ ( aa ) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied, ]

( b) F152 [ in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply, ] 28 days, if the tenancy is being terminated—

(i) for any other reason (but not a failure to pay an amount of rent due), or

(ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

F153 [ (3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—

( a ) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and

( b ) that amount is not paid to the landlord within the period of 28 days following—

(i) receipt of the notification by the tenant, or

(ii) receipt of the notification by the Board,

whichever occurs later. ]

F154 [ (3A) Where the Board receives a notification under subsection (3) , it shall forthwith—

( a ) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and

( b ) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.

(3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.

(3C) Service of a notice of termination for failure by a tenant to pay an amount of rent due in respect of the tenancy of a dwelling shall be deemed to be invalid if the landlord contravenes subsection (1) of section 39A (inserted by section 11 of the Residential Tenancies and Valuation Act 2020). ]

(4) This section is subject to section 69 .

68.—(1) This section applies where—

( a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and

( b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.

(2) Where this section applies the period of notice to be given by the notice of termination is—

( a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or

( b) 28 days, if the tenancy is being terminated for any other reason,

regardless of the duration of the tenancy.

(3) The condition mentioned in subsection (1)(b) is—

( a) the landlord has been notified in writing of the failure concerned by the tenant, and

( b) the landlord does not remedy the failure within a reasonable time after being so notified.

(4) In subsection (3)“remedy the failure” means—

( a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and

( b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—

(i) to pay adequate compensation to the tenant or repair the damage fully, and

(ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

(5) This section is subject to section 69 .

69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.

(2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.

(3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.

70.—(1) This section applies where—

( a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and

( b) the landlord under the head-tenancy proposes to terminate the head-tenancy.

(2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62 , state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.

(3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”) F155 [ by the landlord ].

71.—(1) Where—

( a) section 70 applies,

( b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and

( c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.

(2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

72.—(1) Where—

( a) section 70 applies,

( b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

( c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.

(2) Where—

( a) section 70 applies,

( b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

( c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant—

(i) of the contents of that notice, and

(ii) of the fact that that dispute has been referred to the Board.

(3) The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.

(4) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70 .

73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.

(2) Where this subsection applies, it suffices, for the purposes of section 62(1)(b) , that the notice of termination is signed by one of the multiple tenants if—

( a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and

( b) the other tenant or each other tenant is named in the notice.

(3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.

(4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.

74.—(1) A person is guilty of an offence if—

( a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and

( b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.

(2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.

(3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—

( a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or

( b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.

(4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).

SS.I. No. 150/2016 –

Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016.

The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by section 8 of the Residential Tenancies Act 2004 (No. 27 of 2004) (as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), hereby makes the following regulations:

1. These Regulations may be cited as the Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016.

2. (a) The form set out in Part 1 of the Schedule to these Regulations is the form prescribed for the purposes of an application under section 134 (3) of the Residential Tenancies Act 2004 , or

(b) in the case of a tenancy referred to in section 134(2A) of the Residential Tenancies Act 2004 , the form set out in Part 2 of the Schedule to these Regulations is the form prescribed for the purposes of an application under section 134 (3) of the Residential Tenancies Act 2004 .

3. The Residential Tenancies Act 2004 (Prescribed Form) Regulations 2015 (S.I. 257 of 2015) are revoked.

Schedule

Regulation 2

Part 1

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Part 2

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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government.

6 April 2016.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe the form to be used when making an application to the Private Residential Tenancies Board to register the tenancy of a dwelling.

S.I. No. 353/2019 –

Residential Tenancies Act 2004 (Prescribed form) (No. 2) Regulations 2019

The Minister for Housing, Planning and Local Government, in exercise of the powers conferred on him by section 8 of the Residential Tenancies Act 2004 (No. 27 of 2004) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 358 of 2017)), hereby makes the following regulations:

1. These Regulations may be cited as the Residential Tenancies Act 2004 (Prescribed Form)(No. 2) Regulations 2019.

2. These Regulations come into operation on 15 July 2019.

3. The Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. No. 287 of 2019) are amended by substituting for Schedule 2 the Schedule set out in the Schedule to these Regulations.

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GIVEN under my Official Seal of the Minister for Housing,

Planning and Local Government,

12 July, 2019.

MARY HURLEY,

A person authorised under section 15 of the Ministers and Secretaries Act 1924 to authenticate the seal of the Minister for Housing, Planning and Local Government.

SCHEDULE

SCHEDULE 2

Regulation 4

Notice to be served to the Residential Tenancies Board (RTB) under section 19(5B) of the Residential Tenancies Act 2004 where a landlord seeks to rely on an exemption from the Rent Pressure Zone (RPZ) annual rent increase restriction

(Exemption from RPZ formula)

To the RTB,

1. I, [insert name of landlord], confirm that:

(a) a new rent has been set under the tenancy of the dwelling at

[insert dwelling address].

(b) The amount of the new rent is € [state amount of the new rent].

(c) The new rent shall have effect from [insert start date from which the new rent is to have effect].

(d) The previous rent applicable to this dwelling was € [insert previous rent amount] with effect from [insert date the previous rent came into effect].

□ Tick box where (d) above is not applicable because the dwelling concerned has not been rented previously.

(e) I seek to rely on section 19(5) of the Residential Tenancies Act 2004 which, in my opinion, dis-applies the RPZ annual rent increase restriction in respect of the dwelling concerned for the reason(s) ticked below and in accordance with the supporting information that I provide with this notice to the RTB.

Reason(s) for dis-application of RPZ annual rent increase restriction in respect of the dwelling concerned

[Select one or more of the following, as appropriate]

(Tick the relevant box(es))

□ Exemption 1

An exemption under section 19 (5)(a) of the Residential Tenancies Act 2004 applies to this first rent setting under the tenancy of the dwelling concerned because:

□ no tenancy existed in respect of the dwelling concerned during the 2 years immediately prior to this current tenancy commencing;

□ no tenancy existed in respect of the dwelling concerned, which is, or is in, a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000 , during the 12 months immediately prior to this current tenancy commencing.

OR

□ Exemption 2

An exemption under section 19 (5)(b) of the Residential Tenancies Act 2004 applies to this rent review under the tenancy of the dwelling concerned because in the period since the rent was last set under a tenancy for this dwelling, the following works have been carried out to the dwelling resulting in a substantial change in the nature of the accommodation and that change has increased the letting value of the dwelling.

Type of Works to effect a Substantial Change to the dwelling concerned

Where Exemption 2 has been selected, you must provide the following detail by ticking the relevant box(es):

The works carried out to the dwelling concerned:

□ Consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 ( S.I. No. 497 of 1997 )) of the dwelling by an amount equal to not less than 25% of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works.

OR

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings.

OR

result in any 3 or more of the following:

□ The internal layout of the dwelling being permanently altered;

□ The dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005 ;

□ A permanent increase in the number of rooms in the dwelling;

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings.

I, [insert name of landlord] confirm that the works identified by the box(es) ticked above under Exemption 2 do not solely consist of works carried out for the purposes of compliance with section 12(1)(b) of the Residential Tenancies Act 2004 – see Important Note below.

Important Note

Section 12(1)(b) of the Residential Tenancies Act 2004 obliges a landlord to maintain the dwelling concerned in good repair to meet the statutorily required minimum standards for rental properties prescribed under S.I. No. 137 of 2019 at the following link: http://www.irishstatutebook.ie/eli/2019/si/137/made/en/print

This notice and all relevant supporting documentation should be served on the RTB within 1 month from the setting of the rent under tenancy of the dwelling.

Please note that any relevant rent review notice under section 22 of the Residential Tenancies Act 2004 should accompany this notice, as supporting documentation. Please see the RTB website for further information in relation to rent reviews in RPZs and relevant supporting documentation – www.rtb.ie.

A person guilty of an offence under the Residential Tenancies Act 2004 shall, in accordance with section 9 of that Act, be liable on summary conviction to a Class B fine (currently, valued to a maximum of €4,000 under the Fines Act 2010 ) or imprisonment for a term not exceeding 6 months or both.

If the contravention in respect of which a person is convicted of an offence under that Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a Class E fine (currently, valued to a maximum of €500 under the Fines Act 2010 ).

A person who fails to comply with the annual rent increase restriction in RPZs provided for under section 19 (4) of the Residential Tenancies Act 2004 (where the restriction applies to the dwelling concerned) shall be guilty of an offence.

A person, who in purported compliance with section 19 (5B) of the Residential Tenancies Act 2004 , furnishes information to the RTB which is false or misleading in a material respect knowing to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

A person who fails to comply with the requirement of section 19(5B) of the Residential Tenancies Act 2004 shall be guilty of an offence.

The Residential Tenancies (Amendment) Act 2019 inserts a new Part 7A – Complaints, Investigations and Sanctions – into the Residential Tenancies Act 2004 to assist the RTB in its enforcement activity. Improper conduct by a landlord, as set out in Schedule 2 to the Residential Tenancies Act 2004 , can result in the RTB imposing an administration sanction, valued to a maximum of €30,000.

Declaration of Landlord

I declare that all the information that I have given on this notice is correct.

Signature: [To be signed by landlord]

Date: [Insert date that notice is signed]

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. 287 of 2019) by replacing Schedule 2 to it with the Schedule to these Regulations.

Schedule 2 of the Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. 287 of 2019) prescribes the notice to be served by a landlord on the Residential Tenancies Board (RTB) for the purposes of section 19(5B) of the Residential Tenancies Act 2004 (No. 27 of 2004) where a landlord seeks to rely on an exemption from the Rent Pressure Zone (RPZ) annual rent increase restriction in respect of a particular dwelling in an RPZ.

The Schedule to these Regulations updates Schedule 2 to reflect the amendment to section 19 (5)(a) of the Residential Tenancies Act 2004 made by section 25(1)(b) the Local Government Rates and Other Matters Act 2019 – i.e. an exemption is provided from the RPZ annual rent increase restriction in respect of the rent first set under the tenancy of a dwelling that is in, or is, a protected structure or a proposed protected structure within the meaning of the Planning and Development Act 2000 , provided that dwelling was not subject to a tenancy during the previous 12 months.

S.I. No. 353/2019 –

Residential Tenancies Act 2004 (Prescribed form) (No. 2) Regulations 2019

The Minister for Housing, Planning and Local Government, in exercise of the powers conferred on him by section 8 of the Residential Tenancies Act 2004 (No. 27 of 2004) (as adapted by the Housing, Planning, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2017 (S.I. No. 358 of 2017)), hereby makes the following regulations:

1. These Regulations may be cited as the Residential Tenancies Act 2004 (Prescribed Form)(No. 2) Regulations 2019.

2. These Regulations come into operation on 15 July 2019.

3. The Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. No. 287 of 2019) are amended by substituting for Schedule 2 the Schedule set out in the Schedule to these Regulations.

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GIVEN under my Official Seal of the Minister for Housing,

Planning and Local Government,

12 July, 2019.

MARY HURLEY,

A person authorised under section 15 of the Ministers and Secretaries Act 1924 to authenticate the seal of the Minister for Housing, Planning and Local Government.

SCHEDULE

SCHEDULE 2

Regulation 4

Notice to be served to the Residential Tenancies Board (RTB) under section 19(5B) of the Residential Tenancies Act 2004 where a landlord seeks to rely on an exemption from the Rent Pressure Zone (RPZ) annual rent increase restriction

(Exemption from RPZ formula)

To the RTB,

1. I, [insert name of landlord], confirm that:

(a) a new rent has been set under the tenancy of the dwelling at

[insert dwelling address].

(b) The amount of the new rent is € [state amount of the new rent].

(c) The new rent shall have effect from [insert start date from which the new rent is to have effect].

(d) The previous rent applicable to this dwelling was € [insert previous rent amount] with effect from [insert date the previous rent came into effect].

□ Tick box where (d) above is not applicable because the dwelling concerned has not been rented previously.

(e) I seek to rely on section 19(5) of the Residential Tenancies Act 2004 which, in my opinion, dis-applies the RPZ annual rent increase restriction in respect of the dwelling concerned for the reason(s) ticked below and in accordance with the supporting information that I provide with this notice to the RTB.

Reason(s) for dis-application of RPZ annual rent increase restriction in respect of the dwelling concerned

[Select one or more of the following, as appropriate]

(Tick the relevant box(es))

□ Exemption 1

An exemption under section 19 (5)(a) of the Residential Tenancies Act 2004 applies to this first rent setting under the tenancy of the dwelling concerned because:

□ no tenancy existed in respect of the dwelling concerned during the 2 years immediately prior to this current tenancy commencing;

□ no tenancy existed in respect of the dwelling concerned, which is, or is in, a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000 , during the 12 months immediately prior to this current tenancy commencing.

OR

□ Exemption 2

An exemption under section 19 (5)(b) of the Residential Tenancies Act 2004 applies to this rent review under the tenancy of the dwelling concerned because in the period since the rent was last set under a tenancy for this dwelling, the following works have been carried out to the dwelling resulting in a substantial change in the nature of the accommodation and that change has increased the letting value of the dwelling.

Type of Works to effect a Substantial Change to the dwelling concerned

Where Exemption 2 has been selected, you must provide the following detail by ticking the relevant box(es):

The works carried out to the dwelling concerned:

□ Consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 ( S.I. No. 497 of 1997 )) of the dwelling by an amount equal to not less than 25% of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works.

OR

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings.

OR

result in any 3 or more of the following:

□ The internal layout of the dwelling being permanently altered;

□ The dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005 ;

□ A permanent increase in the number of rooms in the dwelling;

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or

□ In the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings.

I, [insert name of landlord] confirm that the works identified by the box(es) ticked above under Exemption 2 do not solely consist of works carried out for the purposes of compliance with section 12(1)(b) of the Residential Tenancies Act 2004 – see Important Note below.

Important Note

Section 12(1)(b) of the Residential Tenancies Act 2004 obliges a landlord to maintain the dwelling concerned in good repair to meet the statutorily required minimum standards for rental properties prescribed under S.I. No. 137 of 2019 at the following link: http://www.irishstatutebook.ie/eli/2019/si/137/made/en/print

This notice and all relevant supporting documentation should be served on the RTB within 1 month from the setting of the rent under tenancy of the dwelling.

Please note that any relevant rent review notice under section 22 of the Residential Tenancies Act 2004 should accompany this notice, as supporting documentation. Please see the RTB website for further information in relation to rent reviews in RPZs and relevant supporting documentation – www.rtb.ie.

A person guilty of an offence under the Residential Tenancies Act 2004 shall, in accordance with section 9 of that Act, be liable on summary conviction to a Class B fine (currently, valued to a maximum of €4,000 under the Fines Act 2010 ) or imprisonment for a term not exceeding 6 months or both.

If the contravention in respect of which a person is convicted of an offence under that Act is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a Class E fine (currently, valued to a maximum of €500 under the Fines Act 2010 ).

A person who fails to comply with the annual rent increase restriction in RPZs provided for under section 19 (4) of the Residential Tenancies Act 2004 (where the restriction applies to the dwelling concerned) shall be guilty of an offence.

A person, who in purported compliance with section 19 (5B) of the Residential Tenancies Act 2004 , furnishes information to the RTB which is false or misleading in a material respect knowing to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

A person who fails to comply with the requirement of section 19(5B) of the Residential Tenancies Act 2004 shall be guilty of an offence.

The Residential Tenancies (Amendment) Act 2019 inserts a new Part 7A – Complaints, Investigations and Sanctions – into the Residential Tenancies Act 2004 to assist the RTB in its enforcement activity. Improper conduct by a landlord, as set out in Schedule 2 to the Residential Tenancies Act 2004 , can result in the RTB imposing an administration sanction, valued to a maximum of €30,000.

Declaration of Landlord

I declare that all the information that I have given on this notice is correct.

Signature: [To be signed by landlord]

Date: [Insert date that notice is signed]

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. 287 of 2019) by replacing Schedule 2 to it with the Schedule to these Regulations.

Schedule 2 of the Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. 287 of 2019) prescribes the notice to be served by a landlord on the Residential Tenancies Board (RTB) for the purposes of section 19(5B) of the Residential Tenancies Act 2004 (No. 27 of 2004) where a landlord seeks to rely on an exemption from the Rent Pressure Zone (RPZ) annual rent increase restriction in respect of a particular dwelling in an RPZ.

The Schedule to these Regulations updates Schedule 2 to reflect the amendment to section 19 (5)(a) of the Residential Tenancies Act 2004 made by section 25(1)(b) the Local Government Rates and Other Matters Act 2019 – i.e. an exemption is provided from the RPZ annual rent increase restriction in respect of the rent first set under the tenancy of a dwelling that is in, or is, a protected structure or a proposed protected structure within the meaning of the Planning and Development Act 2000 , provided that dwelling was not subject to a tenancy during the previous 12 months.