Old Controlled Tenancies

Table of Contents

Housing (Private Rented Dwellings) Act, 1982

PART I

Preliminary and General

Short title and commencement.

1.—(1) This Act may be cited as the Housing (Private Rented Dwellings) Act, 1982.

(2) This Act shall come into operation on such day as the Minister may appoint by order.

Interpretation generally.

2.—(1) In this Act, except where the context otherwise requires—

“the Court” means the District Court;

“dwelling” means a house let as a separate dwelling, or a part so let, of any house, whether or not the tenant shares with any other persons any portion thereof or any accommodation, amenity or facility in connection therewith;

“housing authority” means—-

(a) in the case of a county, exclusive of any borough or urban district therein, the council of the county,

(b) in the case of a county or other borough, the corporation of the borough, and

and references to the functional area of a housing authority shall be construed accordingly;

“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent payable in respect of a dwelling;

“the Minister” means the Minister for the Environment.

(2) A reference in this Act to a Part or a section is to a Part or a section of this Act unless it is indicated that reference to some other enactment is intended.

(3) A reference in this Act to a subsection, paragraph or other division is to the subsection, paragraph or other division of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Expenses.

3.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Service of notices.

4.—(1) Where a notice or claim under this Act or any regulations made thereunder is to be given to or served on a person, it shall be addressed to him and shall be given to or served on him in some one of the following ways:

(a) where it is addressed to him by name, by delivering it to him;

(b) by leaving it at the address at which he 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 registered letter addressed to him at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address.

(2) For the purposes of this section, a company registered under the Companies Acts, 1963 and 1977, 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.

(3) Where a notice or claim under this Act or any regulations made thereunder is given or served on behalf of a person, it shall be deemed to be given or served by that person.

Laying of regulations before Houses of the Oireachtas.

5.—Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Repeals.

6.—The Rent Restrictions Act, 1960 , the Rent Restrictions (Amendment) Act, 1967 , and sections 10 and 11 of the Landlord and Tenant (Amendment) Act, 1971 , are hereby repealed.

PART II

Tenancies of Certain Dwellings

Interpretation ( Part II ).

7.—(1) In this Part, except where the context otherwise requires—

“the Act of 1980” means the Landlord and Tenant (Amendment) Act, 1980 ;

“dwelling to which section 8 (1) relates” means a dwelling to which, by virtue of that provision, this Part applies;

“improvement” means any addition to or alteration of a dwelling carried out by the tenant or any of his predecessors in title on or after the 31st day of December, 1960, which adds to the letting value of the dwelling and includes any addition or alteration connected with the provision of any services to the dwelling, but does not include work of repairing (except where such work was the responsibility of the landlord and he failed to carry out the work), painting and decorating or any of them;

“tenant” means the person for the time being entitled to the possession of a dwelling to which section 8 (1) relates and includes a person—

(a) who would, at the commencement of this Act, be the tenant of the dwelling if the Rent Restrictions Act, 1960 , and the Rent Restrictions (Amendment) Act, 1967 , had full force and effect at all times from their passing until such commencement, and

(b) who is in possession of the dwelling at such commencement, and

(c) whose tenancy is not a tenancy in respect of which an order for possession has been made under section 5 of the Rent Restrictions (Temporary Provisions) Act, 1981 .

(2) For the purposes of this Part, a person shall be deemed to be a member of the family of a tenant if—

(a) such person is the tenant’s father, mother, grandfather, grandmother, step-father, step-mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, nephew, niece, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister, uncle or aunt;

(b) such person is adopted by the tenant under the Adoption Acts, 1952 to 1976, or is the illegitimate offspring of the tenant (being the mother or the reputed father of such offspring) or is a person who was in bona fide residence with the tenant for not less than six years before the tenant’s death where the tenant was in loco parentis to that person.

Application of this Part.

8.—(1) Subject to subsection (2), this Part applies to every dwelling which would, at the commencement of this Act, be a controlled dwelling within the meaning of the Rent Restrictions Acts, 1960 to 1981, if those Acts had full force and effect at such commencement, other than such a dwelling held at such commencement under a contract of tenancy for greater than from year to year during such period as it is so held.

(2) Sections 9 and 16 do not apply to—

(a) a dwelling let to a person in connection with his continuance in any office, appointment or employment,

(b) a dwelling let bona fide for the temporary convenience or to meet a temporary necessity of the landlord or the tenant.

(3) Where—

(a) the entitlement of a tenant to retain possession of a dwelling to which subsection (1) relates ceases to subsist, or

(b) the tenant of the dwelling assigns or sublets his tenancy, or

this Part shall cease to apply to the dwelling.

(4) Paragraphs (a) and (c) of subsection (3) shall not affect the entitlement of a tenant to compensation under section 15 .

Entitlement of tenants to retain possession.

9.— (1) Subject to the provisions of this Part, a person (in this section referred to as the original tenant) who, immediately before the commencement of this Act, was a tenant of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)) shall be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the lifetime of that person.

(2) Subject to the provisions of this Part, a person being the spouse of the original tenant shall, upon the death of that tenant, if bona fide residing in the dwelling at the time of his death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the lifetime of the spouse.

(3) Subject to the provisions of this Part, a person being a member of the family of the original tenant shall—

(a) if that tenant dies within the relevant period, upon the death of that tenant, or

(b) where the spouse of that tenant has become the tenant by virtue of subsection (2) and dies within the relevant period, upon the death of the spouse,

if bona fide residing in the dwelling at such death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the period beginning on the date of such death and ending on the expiration of the relevant period.

(4) Subject to the provisions of this Part, where a member of the family of the original tenant becomes, by virtue of subsection (3) or this subsection, the tenant of the dwelling concerned and dies within the relevant period, a person being another member of that family shall, upon such death, if bona fide residing in the dwelling at such death, be entitled to retain possession as the tenant of the dwelling and that entitlement shall subsist during the period beginning on the date of such death and ending on the expiration of the relevant period.

(5) Where, in the circumstances described in subsection (3) or (4), more than one member of the original tenant’s family was at the time of the relevant death bona fide residing in the dwelling, such one member of the family as may be agreed upon between them or, in default of agreement, as may be selected by the Court shall, subject to the provisions of this Part, be the person entitled to retain possession of the dwelling under this section.

(6) Notwithstanding subsections (3) and (4), where less than five years of the relevant period remain unexpired on the date that a member of the family of the original tenant becomes the tenant of a dwelling under this section, the entitlement of that member to retain possession of the dwelling shall subsist during the period beginning on that date and ending on the expiration of five years.

(7) In this section “relevant period” means the period of twenty years beginning on the commencement of this Act.

(8) Entitlement under this section to retain possession of a dwelling shall cease to subsist where possession of the dwelling is recovered by the landlord.

Surrender of dwelling.

10.—(1) The tenant of a dwelling to which section 8 (1) relates may surrender the dwelling to the landlord on giving to the landlord not less than one month’s notice in writing of his intention to surrender the dwelling.

(2) For the removal of any doubt, it is hereby declared that the surrender of a dwelling under subsection (1) shall, for the purposes of the Family Home Protection Act, 1976 , be taken to be a conveyance of an interest in the dwelling.

Terms of tenancies.

11.—(1) The terms of every tenancy of a dwelling to which section 8 (1) relates shall be such terms as are agreed between the landlord and the tenant or, in default of agreement, as shall be fixed by the Court.

(2) Whenever, after the commencement of this Act, the rent of a dwelling is increased by agreement between the landlord and the tenant or by the Court, the amount of the increase shall not be payable until—

(a) the terms of the tenancy have been set out in written form and signed by the landlord or his agent and a copy thereof has been furnished by the landlord to the tenant, and

(b) if regulations under section 24 are in force, the landlord has complied with the requirements of such regulations.

Terms of tenancy where fixed by the Court.

12.—(1) Subject to subsection (2), the landlord or the tenant of a dwelling to which section 8 (1) relates may at any time apply to the Court for an order fixing the terms of the tenancy and the Court may make such order as justice may require and such order shall be binding on the landlord and the tenant unless varied by a subsequent order of the Court.

(2) Where the Court has fixed the terms of a tenancy under subsection (1), the landlord or the tenant may not apply to the Court to fix new terms of the tenancy until the expiration of five years from the date of the last order of the Court fixing the terms of the tenancy.

(3) An application under this section may be made notwithstanding any agreement between the landlord and tenant fixing the terms of the tenancy, whether such agreement was entered into before or after the commencement of this Act.

(4) If any dispute, failure or question arises or occurs in the carrying out of an order under this section the Court may, on the application of the landlord or the tenant, make such order as justice may require.

(5) The landlord or tenant making an application under subsection (1) shall give one month’s notice in writing to the other party of his intention to make the application.

(6) The landlord shall be liable for the tenant’s costs and expenses reasonably and necessarily incurred arising out of an application by the landlord to the Court under this section unless the Court, on consideration of all the circumstances, including the means of the landlord and the tenant, otherwise orders.

Fixing of rent by the Court.

13.—(1) Where the terms of a tenancy are fixed by the Court under section 12 , the rent of the dwelling shall be the gross rent reduced by an allowance for any improvements, and any such allowance shall be such proportion of the gross rent as is, in the opinion of the Court, attributable to the improvements.

(2) For the purposes of subsection (1), the gross rent shall be the rent which, in the opinion of the Court, would be a just and proper rent having regard to the nature, character and location of the dwelling, the other terms of the tenancy, the means of the landlord and the tenant, the date of purchase of the dwelling by the landlord and the amount paid by him therefor, the length of the tenant’s occupancy of the dwelling and the number and ages of the tenant’s family residing in the dwelling.

Compensation for loss.

14.—(1) Where the terms of a tenancy are fixed by the Court under section 12 , the Court may, in respect of the period from the date of the service of notice of intention under subsection (5) of that section and the date of the order of the Court, order the landlord or the tenant, as the case may require, to pay to the other party an amount not exceeding the difference between the new rent fixed by the Court and the existing rent.

(2) The amount ordered by the Court to be paid under subsection (1) shall be paid in such manner and over such period as the Court may direct having regard to all the circumstances of the case.

Compensation for improvements.

15.—(1) The tenant of a dwelling to which section 8 (1) relates shall, upon quitting the dwelling, be entitled to be paid by the landlord compensation for improvements and the amount of the compensation shall be such sum as may be agreed between the landlord and the tenant or, in default of agreement, as shall be determined by the Court.

(2) Where compensation is determined by the Court the amount shall be the capitalised value of such addition to the letting value of the dwelling at the time of quitting which is attributable to the improvements, having regard to the probable life of the improvements and all other relevant circumstances.

(3) Where compensation for improvements is payable the Court may deduct from the compensation as ascertained under subsection (2) such sum as it considers reasonable—

(a) if the Court is satisfied that the tenant or his predecessors in title has received from the landlord benefits by way of reduction of rent or otherwise in consideration, expressly or impliedly, of the improvements having been made, or

(b) if an order for possession has been granted for a reason specified in section 16 (1) (a), (b) or (c), to compensate the landlord for any rent due or any loss incurred arising from the reasons for which the order for possession was granted.

(4) A tenant seeking compensation under this section shall serve a claim in writing on the landlord either before or after he has quit the dwelling concerned and shall give all particulars relevant to the claim, but a claim may not be served later than three months after such quitting.

(5) Compensation for improvements payable by a landlord under this section shall be payable in such manner and over such period as may be agreed between the landlord and the tenant or as the Court may direct.

(6) A tenant shall not be entitled to compensation under this section—

(a) in respect of improvements made in contravention of any obligation of the tenancy agreement under which the dwelling concerned was let unless the Court considers that, in the circumstances, the carrying out of the improvements was reasonable, or

(b) where compensation has been paid in respect of the dwelling under Part IV of the Act of 1980.

(7) Where compensation is paid under this section in respect of a dwelling, no right to compensation for improvements to that dwelling shall lie under Part IV of the Act of 1980.

Recovery of possession.

16.—(1) Notwithstanding the right to retain possession under section 9 , the Court may, on the application of the landlord of a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)), grant an order for the recovery of possession of the dwelling if the Court considers it reasonable to make the order and—

(a) any rent lawfully due by the tenant has not been paid or any other obligation of the tenant under the tenancy has not been fulfilled by him, or

(b) any person (being the tenant or any person residing in the dwelling) has been guilty of conduct which the Court is satisfied is a nuisance or annoyance to the landlord or his agent or to adjoining occupiers or has used the dwelling or allowed it to be used for any immoral or illegal purpose (whether or not the person has been convicted of so using it or allowing it to be so used), or

(c) the condition of the dwelling has, in the opinion of the Court, deteriorated owing to acts of waste by, or the neglect or default of the tenant or any person residing in the dwelling, or

(d) the dwelling is bona fide required by the landlord—

(i) for occupation as a residence for himself or any person bona fide residing or to reside with him, or

(ii) for occupation as a residence for a person in the wholetime employment of the landlord, or

(iii) in the interests of good estate management, or

(e) the landlord requires vacant possession to carry out a scheme of development of property which includes the dwelling and has planning permission for the scheme,

and, as respects recovery of possession under paragraph (d) or (e), the landlord pays such sum as the Court considers reasonable to meet the expenses incurred by the tenant in quitting the dwelling, together with a sum not exceeding three years’ rent of alternative accommodation which is reasonably suited to the residential and other needs of the tenant, his spouse and his family bona fide residing with him in the dwelling.

(2) The Court, in considering if it is reasonable to make an order for recovery of possession, shall have regard to the extent (if any) to which the conduct of the landlord contributed to the existence of the grounds upon which he relies in support of his application for recovery of possession.

(3) Nothing in this Part shall prevent a local authority from obtaining possession of a dwelling to which section 8 (1) relates which is reasonably required for the purpose of the execution of their powers, functions and duties.

(4) In this section—

“development” has the meaning assigned by section 3 of the Local Government (Planning and Development) Act, 1963 ;

“planning permission” means a permission for the development of land where required by and granted under Part IV of the Local Government (Planning and Development) Act, 1963 , and, where regulations under section 25 of that Act make provision for outline applications, includes a permission granted on such an application.

Amendments of section 15 of Summary Jurisdiction (Ireland) Act, 1851.

17.—(1) Notwithstanding anything in section 15 of the Summary Jurisdiction (Ireland) Act, 1851 , every warrant for delivery of possession of, or to enter and give possession of, a dwelling to which section 8 (1) relates (not being a dwelling referred to in section 8 (2)) shall remain in force for six months from the day next after the last day named in the order for delivery of possession or, in the case of a warrant under that Act, from the date of the issue of the warrant, and in either case for such further period or periods, if any, as the Court shall from time to time, whether before or after the expiration of such six months, direct.

(2) Section 15 of the said Act shall apply to such dwelling if the rateable valuation thereof does not exceed ten pounds, notwithstanding that the rent exceeds one pound by the month.

Powers of Court in ejectment proceedings.

18.—(1) Where an order for the recovery of possession of a dwelling to which section 8 (1) relates is made by the Court or was so made before the commencement of this Act, the Court may, at the time of the order or at any time before the execution thereof, stay execution on the order or postpone the date of possession for such period or periods and subject to such conditions as the Court thinks fit, and if such conditions are complied with the Court may, if it thinks fit, discharge or vary the order.

(2) Where the Court, under subsection (1), stays execution on an order for the recovery of possession or postpones the date of possession, the Court may from time to time, on application which may in case of urgency be made ex parte, further stay execution on the order or further postpone the date of possession.

Order for possession obtained by misrepresentation.

19.—Where it appears to the Court that an order for the recovery of possession of a dwelling to which section 8 (1) relates was obtained by the landlord by misrepresentation or concealment of material facts, the Court may order the landlord to pay to the former tenant such sum as the Court considers reasonable by way of compensation for damage or loss sustained by the tenant as a result of the order for possession.

Acceptance of rent by landlord after institution of proceedings.

20.—Where the landlord of a dwelling to which section 8 (1) relates institutes proceedings for the recovery of possession of the dwelling, the acceptance of any sum purporting to be rent by the landlord for the period from the date of the institution of the proceedings to the date on which they are finally determined shall not prejudice his right (if any) to recover possession of the dwelling and, if an order for possession is made, any such sum so accepted shall be treated as mesne profits.

Jurisdiction of District Court.

21.—(1) The District Court shall have jurisdiction to hear and determine all issues arising under this Part.

(2) The jurisdiction of the Court shall be exercised by a justice of the District Court for the time being assigned to the district in which is situated the dwelling in relation to which the jurisdiction is exercised.

Restriction of enactments relating to settled land.

22.—Where the spouse of the original tenant becomes, under section 9 , the tenant of a dwelling, the interest of the spouse shall not, for the purposes of any enactments relating to settled land, be regarded as having been acquired under a settlement.

Rent allowances for tenants.

23.—(1) The Minister for Social Welfare may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to the tenants of dwellings to which section 8 (1) relates who would otherwise suffer hardship by reason of increases in the rents of their dwellings.

(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such conditions and limitations as may be specified in the regulations.

(3) Subsections (2) and (3) of section 3 of the Social Welfare (Consolidation) Act, 1981 , shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.

(4) Any expenses incurred by the Minister for Social Welfare or any other Minister in carrying this section into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART III

Rented Dwellings-Registration, Rent Books, Standards.

Registration of rented dwellings.

24.—(1) The Minister shall make regulations requiring the landlords of any class of dwelling let for rent to register the tenancy of each dwelling with the housing authority in whose functional area the dwelling is situated and to furnish such particulars as the regulations may specify, including the name and address of the landlord and of the tenant and the amount of the rent.

(2) The regulations shall contain such provisions as the Minister considers necessary for the purposes of this section.

(3) The regulations shall provide that an application to register a dwelling shall be accompanied by such fee as may be prescribed from time to time by the Minister by regulations.

(4) A housing authority shall keep a register (in this section referred to as the register) for the purposes of this section in respect of all dwellings in the functional area of the authority to which regulations under this section relate and shall make all such entries therein as may from time to time be appropriate in accordance with this section and regulations made by the Minister.

(5) The register shall be kept at the offices of the housing authority and shall be available for inspection during normal office hours.

(6) A document purporting to be a copy of an entry in the register and to be certified by an officer of the housing authority as a correct copy shall be prima facie evidence of the entry and it shall not be necessary to prove the signature of such officer or that he was in fact such officer.

(7) Evidence of an entry in the register may be given by the production of a copy thereof certified in accordance with subsection (6) and it shall not be necessary to produce the register.

(8) Where an application is made to a housing authority for a copy of an entry in the register, the copy shall be issued to the applicant on payment by him of such fee (if any) in respect of each entry as the Minister may, from time to time, prescribe by regulations.

(9) All fees received by a housing authority by virtue of regulations under this section shall be paid, in the case of a council of a county, into the county fund and, in the case of a corporation of a county or other borough or the council of an urban district, into the municipal fund.

Rent books.

25.—(1) The Minister shall make regulations requiring the landlords of any class of dwelling let for rent to provide the tenant of a dwelling of such class with a rent book or other similar document for use in respect of the dwelling.

(2) The regulations shall prescribe, in relation to the rent book or similar document—

(a) the particulars to be contained therein,

(b) requirements regarding its proper use, and

Standards for rented dwellings.

26.—(1) The Minister shall make regulations prescribing standards for any class of dwelling let for rent.

(2) In particular, the regulations shall prescribe standards in relation to—

(a) the quality and condition of the accommodation, furnishings and appliances,

(b) the maintenance of the dwellings in good repair and in an adequate state of cleanliness,

(d) the provision of water supplies, sanitary facilities and drainage,

(e) heating and cooking, and

(f) accommodation for the storage of and facilities for the preparation of food.

(3) A person authorised for the purpose by the housing authority may at all reasonable times enter and inspect any dwelling to which regulations under this section apply.

(4) Where a requirement of a regulation is not being complied with, the housing authority may, after giving not less than 21 days notice in writing to the landlord and the tenant of the dwelling concerned, carry out any work necessary to ensure that the dwelling complies with the requirements of the regulations and may recover as a simple contract debt in a court of competent jurisdiction from the landlord any expenses reasonably incurred by the authority in that behalf.

(5) A landlord upon whom a notice is served under subsection (4) may appeal to the District Court in the District Court district in which the dwelling concerned is situate to have the notice set aside and no work shall be carried out by the housing authority until the appeal is determined.

(6) Upon the coming into operation of regulations under this section relating to a class of dwelling, any bye-laws under section 70 of the Housing Act, 1966 , in force in relation to that class of dwelling shall cease to have effect and no bye-laws shall thereafter be made under that section in relation to that class of dwelling.

Offences.

27.—(1) A person who obstructs a person duly authorised under section 26 (3) and a person who contravenes a regulation under this Part shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) Where an offence under subsection (1) which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall be guilty of that offence.

(3) The housing authority shall be responsible for the enforcement of regulations under this Part.

(4) An offence under this section may be prosecuted by the housing authority.

(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , proceedings for an offence under this section may be instituted at any time within twelve months after the date of the offence.

Housing (Private Rented Dwellings) (Amendment) Act, 1983

Interpretation and construction.

1.—(1) In this Act, except where the context otherwise requires—

“the Act of 1982” means the Housing (Private Rented Dwellings) Act, 1982 ;

“rent officer” means a rent officer appointed under section 6 (2);

“the Tribunal” has the meaning assigned to it by section 2 (1).

(2) The Act of 1982 and this Act shall be construed together as one.

(3) A reference in this Act to a section is to a section of this Act unless it is indicated that reference to some other provision is intended.

(4) A reference in this Act to a subsection or paragraph is to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

Establishment of the Tribunal.

2.—(1) There shall be established on such day as the Minister may by order appoint a body to be known as the Rent Tribunal (in this Act referred to as the Tribunal) to perform the functions assigned to it by this Act.

(2) The Tribunal shall consist of the following members, namely, a chairman and so many vice-chairmen and ordinary members as the Minister, with the consent of the Minister for the Public Service, considers necessary from time to time for the performance by the Tribunal of its functions under this Act.

(3) (a) The chairman, vice-chairmen and the ordinary members shall be appointed by the Minister by order.

(b) The Minister may by order revoke or amend an order under paragraph (a) or this paragraph.

(4) The Minister, with the consent of the Minister for the Public Service, may from time to time appoint from among his officers so many persons as he considers necessary to assist the Tribunal in the performance of its functions under this Act.

Membership of Houses of Oireachtas, etc., by member of Tribunal.

3.—(1) A person who, for the time being, is entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a representative in the Assembly of the European Communities or a member of a local authority shall be disqualified from being appointed to be a member of the Tribunal.

(2) A member of the Tribunal who—

(a) is nominated either as a member of Seanad Éireann or for election to either House of the Oireachtas, or

(b) is either nominated for election to the Assembly of the European Communities or appointed to be a representative in that Assembly, or

shall thereupon cease to be a member of the Tribunal.

(3) In this section “local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town.

Seal of the Tribunal.

4.—(1) The Tribunal shall provide itself with a seal.

(2) The seal of the Tribunal shall be authenticated by the signature of the chairman of the Tribunal or of a vice-chairman or ordinary member thereof authorised by the Tribunal to act in that behalf or a person appointed under section 2 (4) authorised by the Tribunal to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Tribunal, and every document purporting to be an instrument made by the Tribunal and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Tribunal shall be received in evidence and shall be deemed to be such instrument without further proof unless the contrary is shown.

Fixing of terms of tenancies.

5.—(1) The landlord or the tenant of a dwelling to which section 8 (1) of the Act of 1982 relates may, subject to subsection (2), at any time—

(a) apply to the Tribunal to fix the terms of the tenancy, or

(b) where an order has been made under section 6 (1), apply to the housing authority in whose functional area the dwelling is situated to have the terms of the tenancy fixed by a rent officer,

and the terms of the tenancy shall be determined by the Tribunal or the rent officer, as the case may be, and shall, subject to this Act, be binding on the landlord and the tenant unless new terms are fixed under this Act.

(2) An application under subsection (1) may be made notwithstanding any agreement between the landlord and the tenant fixing the terms of the tenancy, whether such agreement was entered into before or after the commencement of this section.

(3) (a) Where the terms of a tenancy of a dwelling have been or are, before or after the commencement of this section, fixed by the Court under the Act of 1982 or are fixed under this Act, an application under subsection (1) may not be made until the expiration of four years and nine months from the date on which the terms were so fixed except where the landlord has carried out improvements to the dwelling.

(b) In this subsection “improvements” means any addition to or alteration of a dwelling which adds to the letting value of the dwelling and includes any addition or alteration connected with the provision of any services to the dwelling, but does not include work of repairing, decorating or normal maintenance.

(4) If any dispute or question arises in the interpretation of a determination by the Tribunal or a rent officer under this Act, the Tribunal or the rent officer, as the case may be, shall, on the application of the landlord or the tenant, resolve the matter.

(5) The landlord or tenant making an application under subsection (1) shall give one month’s notice in writing to the other party of his intention to make the application.

(6) No application may be made under section 12 (1) of the Act of 1982 after the commencement of this section.

Rent officers.

6.—(1) The Minister may by order direct that all applications for the purpose of fixing the terms of tenancies of dwellings to which section 8 (1) of the Act of 1982 relates shall be made to housing authorities for determination by rent officers appointed for that purpose by housing authorities.

(2) A housing authority, on the making of an order under subsection (1) shall, and may from time to time thereafter, appoint from among the officers of the housing authority or of another housing authority so many persons as they consider necessary to be rent officers for the purposes of this Act.

(3) A housing authority may at any time terminate an appointment made under subsection (2).

(4) Housing authorities may make arrangements for the joint discharge of their functions under this Act.

(5) Where it appears to the Minister that an agreement under section 59 of the Local Government Act, 1955 , ought to be made between housing authorities for the purposes of their functions under this Act, he may, after affording an opportunity to the authorities concerned to make representations to him, require them to enter into such agreement.

(6) The Minister may direct that any such agreement shall contain such terms as he may specify and the authority concerned shall comply with any directions given by the Minister.

(7) A rent officer appointed pursuant to such an agreement shall be the rent officer for the functional areas of the authorities concerned.

(8) An order under subsection (1) may contain provisions relating to applications made under section 5 (1) to the Tribunal, including provisions for the withdrawing of such applications, for the manner in which they are to be withdrawn and for the making of new applications to housing authorities.

Terms of tenancies.

7.—(1) The terms of every tenancy of a dwelling to which section 8 (1) of the Act of 1982 relates shall be such terms as are agreed between the landlord and the tenant or, in default of agreement—

(a) as have been or are, before or after the commencement of this section, fixed by the Court under section 12 of the Act of 1982, or

(b) as shall be fixed by the Tribunal or a rent officer under this Act.

(2) Whenever, after the commencement of this section, the rent of a dwelling is increased by agreement between the landlord and the tenant or by the Tribunal or a rent officer under this Act, the amount of the increase shall not be payable until—

(a) the terms of the tenancy have been set out in written form and signed by the landlord or his agent and a copy thereof has been furnished by the landlord to the tenant, and

(b) the landlord has complied with the requirements of any regulations under section 24 of the Act of 1982 for the time being in force.

Date from which new rent applies.

8.—(1) Where the rent of a dwelling is fixed by the Tribunal or a rent officer, the new rent shall, subject to subsection (2) and section 7 , apply from the first gale day after the date on which the landlord has complied with the requirements of any regulations under section 24 of the Act of 1982 for the time being in force.

(2) Where, on an application under this Act by a landlord or tenant, the rent of a dwelling is fixed and the existing rent was fixed under the Act of 1982 or this Act, the new rent shall apply—

(a) in the case of an application (other than an application made by virtue of section 5 (3)) from whichever of the following dates is the later—

(i) the first gale day after the date referred to in subsection (1), or

(ii) the date which is five years after the date from which the existing rent first applied, and

(b) in the case of an application made by virtue of section 5 (3), the first gale day after the date referred to in subsection (1).

Amendment of sections 12 and 13 of Act of 1982 and

declaratory provision.

9.—(1) Section 12 (1) of the Act of 1982 is hereby amended by the insertion after “order of the Court” of “or unless new terms of the tenancy are fixed under the Housing (Private Rented Dwellings) (Amendment) Act, 1983”.

(2) Section 13 of the Act of 1982 shall have effect where the terms of a tenancy are fixed by the Tribunal or a rent officer under this Act in the same manner as it has effect where such terms are fixed by the Court under section 12 of that Act and, accordingly, the references in the said section 13 to the opinion of the Court shall be construed as including, as the case may require, references to the opinion of the Tribunal or the opinion of the rent officer.

(3) The reference in section 13 (2) of the Act of 1982 to the means of the tenant shall be taken to refer, and always to have referred, to the actual means of the tenant.

Withdrawal of certain applications under section 12 of Act of 1982.

10.—(1) Where a landlord or tenant has made an application to the Court under section 12 (1) of the Act of 1982 and, at the commencement of section 5 of this Act, the matter has not come on for hearing before the Court, the applicant may, if the other party consents, withdraw the application and may make a new application under this Act to the Tribunal or a housing authority, as the case may be.

(2) Where an application is withdrawn under subsection (1), the notice given by the applicant under section 12 (5) of the Act of 1982 to the other party of his intention to make the application shall, for the purposes of a new application under this Act, be deemed to be a notice duly given to the other party under section 5 (5) of this Act.

Appeals to Tribunal.

11.—(1) A landlord or tenant may, in accordance with regulations under section 15 , appeal to the Tribunal against the determination of a rent officer fixing the terms of a tenancy under section 5 and the Tribunal shall fix the terms of the tenancy.

(2) Where the terms of a tenancy are varied by the Tribunal under subsection (1), the terms as so varied shall be binding on the landlord and the tenant.

(3) Where the rent fixed by a rent officer exceeds the rent fixed by the Tribunal on an appeal under subsection (1), the amount of any excess paid by the tenant—

(a) may be deducted from any rent payable by him to the landlord, or

(b) shall be recoverable by him as a simple contract debt in a court of competent jurisdiction.

(4) The making of an appeal under subsection (1) shall not prevent the registration of a dwelling in accordance with the determination of the rent officer for the purpose of compliance with section 7 (2) (b).

Compensation for loss.

12.—(1) Where the terms of a tenancy are fixed by the Tribunal under this Act, the Tribunal may, on an application to it by either the landlord or the tenant and if it considers it reasonable to do so, order the landlord or the tenant, as the case may be, to pay to the other party an amount not exceeding the difference between the existing rent and the new rent fixed by the Tribunal in respect of—

(a) where an application is withdrawn under section 10 (1) and a new application is made under this Act, the period from the date of the notice referred to in section 10 (2) to the date of the fixing of the terms by the Tribunal, or

(b) where an appeal is made under section 11 (1) against the determination of a rent officer, the period from the date of the determination by the rent officer to the date of the fixing of the terms by the Tribunal.

(2) Any amount ordered by the Tribunal to be paid under subsection (1) shall be paid in such manner and over such period as the Tribunal may direct having regard to all the circumstances of the case.

(3) A decision of the Tribunal under subsection (1) shall be final and conclusive and no appeal shall lie against the decision except to the High Court on a question of law.

Question of Law: appeal, referral to High Court.

13.—(1) A landlord or tenant may appeal to the High Court on a question of law within three months, or such longer period as that Court may allow, after the determination by the Tribunal of the terms of a tenancy under section 5 or on an appeal under section 11 .

(2) The Minister may, at the request of the Tribunal, refer to the High Court a question of law arising on an application or appeal to it under this Act and the Minister may be represented at the hearing.

Disclosure of interest.

14.—(1) Where a member of the Tribunal has a beneficial interest in a dwelling in respect of which an application under section 5 (1) or an appeal under section 11 is made, or has any other interest in the application or appeal which would be likely to influence him in relation to the determination of the terms of the tenancy or the decision on the appeal, as the case may be, the member shall—

(a) disclose to the Tribunal the nature of his interest,

(b) take no part in the discussion on, or consideration of, the application or appeal,

(c) neither vote nor otherwise act as a member of the Tribunal in relation to the determination of the terms of the tenancy or the decision on the appeal, as the case may be.

(2) Where a rent officer has a beneficial interest in a dwelling in respect of which an application under section 5 (1) is made, or has any other interest in the application which would be likely to influence him in determining the terms of the tenancy, he—

(a) shall neither make nor seek to influence the determination of the tenancy, and

(b) shall inform the manager of the housing authority of his interest.

(3) The manager of the housing authority, upon being so informed, shall refer the application to another rent officer of the authority or, if there is no such other officer, to another housing authority for determination by a rent officer of that authority.

(4) Where an officer of the Tribunal has a beneficial interest in a dwelling to which an application or appeal mentioned in subsection (3) relates, or has any other interest in the application or appeal which is material to the outcome thereof, he shall—

(a) neither influence nor seek to influence the determination of the terms of the tenancy of the dwelling or the decision on the appeal, as the case may be, and

(b) disclose to the Tribunal the nature of his interest and comply with any directions the Tribunal may give in relation to the matter.

(5) For the purposes of this section, a person shall be regarded as having a beneficial interest in a dwelling if—

(a) he or his spouse is the landlord or the tenant of the dwelling, or

(b) he or his spouse, or a nominee of either of them, is a member of a company or other body which is the landlord of the dwelling, or

(c) he or his spouse is in partnership with, or in the employment of, a person who is either the landlord or the tenant of the dwelling.

(6) For the purposes of this section, a person shall not be regarded as having a beneficial interest in a dwelling, or an interest in an application or appeal which would be likely to influence him, by reason only of an interest of his, or of a company or any other body mentioned in subsection (5), which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him.

(7) (a) A person who has a beneficial interest in a dwelling and contravenes or fails to comply with a requirement of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(b) In any proceedings for an offence under this subsection, it shall be a good defence for the person charged to prove that at the time of the alleged offence he did not know and had no reason to believe that—

(i) he had a beneficial interest in the dwelling, or

(ii) the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied.

(c) Proceedings for an offence under this subsection shall not be initiated save by or with the consent of the Director of Public Prosecutions.

(8) A member of the Tribunal who is convicted of an offence under subsection (7) shall, on such conviction, cease to be a member.

(9) Where a person who has a beneficial interest in a dwelling to which an application or appeal to which this section relates contravenes or fails to comply with a requirement of this section, such contravention or failure shall render invalid the determination of the application or the decision on the appeal, as the case may be.

(10) (a) Where a determination under section 5 (1) by the Tribunal or a rent officer is rendered invalid by virtue of subsection (9), the application to which the determination relates shall again be determined by the Tribunal or a rent officer, as the case may be.

(b) Where a decision by the Tribunal on an appeal under section 11 is rendered invalid by virtue of subsection (9), the appeal shall be again decided by the Tribunal.

(i) the date of a new determination under paragraph (a) by the Tribunal or a rent officer shall be taken to be the date of the invalid determination, and

(ii) the date of a new decision under paragraph (b) by the Tribunal shall be taken to be the date of the invalid decision.

(11) If, by reason of a new determination or decision under subsection (10), any amount is owed to a landlord or tenant, such amount may be recovered as a simple contract debt in a court of competent jurisdiction.

Regulations supplementing this Act.

15.—(1) The Minister may by regulations provide for—

(a) subject to subsection (3), the terms and conditions of appointment (including remuneration, if any, and allowances) and the tenure of office of the members of the Tribunal,

(b) the manner in which the Tribunal, housing authorities and rent officers shall perform their functions under this Act, and

(2) Regulations under this section may include provisions relating to all or any of the following matters:

(a) the procedure for making applications under section 5 (1) (a) and appeals under section 11 to the Tribunal, the determination of such applications and appeals (including provisions that they may be determined without recourse to an oral hearing) and the notification of the determinations;

(b) the procedure for making applications to a housing authority under section 5 (1) (b), the determination of such applications (including provisions that they may be determined without recourse to an oral hearing) and the notification of the determinations;

(c) the meetings of the Tribunal and the procedure at such meetings, including provisions that the Tribunal may act by divisions and the conditions under which it may do so;

(d) the charging and payment of fees in respect of applications to the Tribunal and housing authorities;

(e) the furnishing to the Tribunal or a rent officer by an applicant or appellant, as the case may be, of any specified information relating to the application or appeal and the production by the applicant or appellant of evidence to verify any particulars or information given by him;

(f) the engaging of consultants and advisers by a housing authority to assist a rent officer or by the Tribunal;

(g) the making available to the landlord and the tenant concerned of any written submissions to the Tribunal or a rent officer, as the case may be;

(h) the furnishing by a rent officer to the Tribunal of documents or other matter in relation to an appeal from a determination by him;

(i) the circumstances and conditions under which the Tribunal or a rent officer may declare that an application or appeal, as the case may be, shall be regarded as having been abandoned;

(j) where an application or appeal is, in the opinion of the Tribunal or a rent officer, as the case may be, being unnecessarily delayed, the circumstances and conditions under which the application or appeal may be determined or be regarded as having been abandoned;

(k) the award by the Tribunal of costs and expenses and the payment thereof;

(l) the making by the Tribunal of an annual report to the Minister;

(m) the furnishing from time to time by the Tribunal or a housing authority to the Minister of information relating to the performance of their functions under this Act and the furnishing, at any time at the Minister’s request, of such information;

(n) the regulating of the finances of, and the keeping and auditing of the accounts of, the Tribunal;

(o) matters ancillary or incidental to any of the foregoing matters.

(3) Regulations relating to the matters specified in subsection (1) (a) shall be made only with the consent of the Minister for the Public Service.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of fees payable by virtue of this Act.

False information.

16.—(1) Any person who, in connection with an application to the Tribunal or a housing authority under section 5 (1) or an appeal to the Tribunal under section 11 , in the course of the determination by the Tribunal or a rent officer of the terms of a tenancy or in the course of the hearing of such appeal, gives any information, either orally or in writing, which he knows to be false or misleading, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

(2) Where an offence under this section which is committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall be guilty of that offence.

Right to enter and inspect dwellings.

17.—(1) A member of the Tribunal, a rent officer or a person authorised for the purpose by the Tribunal or a housing authority may, for the purpose of determining an application or appeal under this Act, at all reasonable times, enter and inspect a dwelling in respect of which an application under section 5 (1) or an appeal under section 11 has been made.

(2) A person who obstructs a member of the Tribunal, a rent officer or a person authorised under subsection (1) entering or carrying out an inspection under that subsection shall be guilty of an offence under section 27 of the Act of 1982.

Application of section 4 of Act of 1982.

18.—Section 4 of the Act of 1982 shall apply to notices and claims under this Act or under regulations made under this Act.

Laying of regulations before Houses of the Oireachtas.

19.—Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Grants to housing authorities.

20.—The Minister may, with the consent of the Minister for Finance, in each financial year make, out of moneys provided by the Oireachtas, grants to a housing authority to meet the expenses reasonably and necessarily incurred by the authority in the exercise by the authority and by rent officers of the authority of their functions under this Act.

Expenses.

21.—The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

Short title, collective citation and commencement.

22.—(1) This Act may be cited as the Housing (Private Rented Dwellings) (Amendment) Act, 1983.

(2) The Housing (Private Rented Dwellings) Act, 1982 , and this Act may be cited together as the Housing (Private Rented Dwellings) Acts, 1982 and 1983.

(3) This Act shall come into operation on such day or days as the Minister, by order or orders, may fix either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

Housing (Miscellaneous Provisions) Act, 2002

Amendment of Housing (Private Rented Dwellings) Act, 1982.

20.—The Housing (Private Rented Dwellings) Act, 1982 , is amended by inserting the following after Part III:

“PART IV

Regulations

Regulations.

28.—(1) The Minister for Social, Community and Family Affairs may, with the consent of the Minister for Finance, make regulations for the payment out of moneys provided by the Oireachtas of allowances to persons who are, on 25 July 2002, tenants of dwellings to which section 8(1) relates—

(a) whose entitlement to retain possession of the dwellings concerned subsists after 25 July 2002 by operation of law or otherwise,

(b) whose rent—

(i) is determined in accordance with such terms and conditions, or

(ii) is less than such amount,

as the Minister for Social, Community and Family Affairs may specify in those regulations,

and

(2) Entitlement to an allowance and the amount and the payment thereof shall be subject to such terms and conditions as may be specified in the regulations.

(3) Subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993 , shall have effect in relation to regulations under this section and the regulations may apply (with or without modification), or make provisions corresponding (with or without modification) to, any other provisions of, or any provisions made under, that Act.

(4) Any expenses incurred by the Minister for Social, Community and Family Affairs or any other Minister in carrying this section into effect shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.”.

Residential Tenancies (Amendment) Act 2015

PART 4

Transfer of functions of Tribunal established under Act of 1983 to Board

Interpretation

74. In this Part-

“Act of 1983” means the Housing (Private Rented Dwellings) (Amendment) Act 1983 ;

“Tribunal” has the meaning assigned to it by the Act of 1983.

Dissolution of Tribunal

75. The Tribunal shall be dissolved on the commencement of this Part.

Transfer of functions of Tribunal to Board

76. (1) The functions of the Tribunal that, immediately before the commencement of this Part, were vested in the Tribunal by or under the Act of 1983 shall, on the commencement of this Part, stand transferred to the Board.

(2) The administration and business in connection with the performance of any of the functions transferred by subsection (1) shall, on the commencement of this Part, stand transferred to the Board.

(3) References to the Tribunal in any enactment or instrument under an enactment relating to any function or administration and business transferred by this section shall, on the commencement of this Part, be construed as references to the Board.

(4) References to the Chairman of the Tribunal in any enactment or instrument made under an enactment relating to any function or administration and business transferred by this section shall, on the commencement of this Part, be construed as references to the chairperson of the Board.

Amendment of section 151 of Principal Act for purposes of Part 4

77. Section 151 of the Principal Act is amended in subsection (1) by inserting the following paragraph after paragraph (f):

“(fa) the performance of the functions transferred to it by section 76 of the Residential Tenancies (Amendment) Act 2015,”.

Transfer of land and other property

78. (1) All lands that, immediately before the commencement of this Part, were vested in the Tribunal and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, on the commencement of this Part stand vested in the Board for all the estate or interest therein that, immediately before the commencement of this Part, were vested in the Tribunal, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) All property other than land including choses-in-action that immediately before the commencement of this Part, was vested in the Tribunal shall, on the commencement of this Part, stand vested in the Board without any assignment.

(3) Every chose-in-action vested in the Board by virtue of subsection (2) may, on and from the commencement of this Part, be sued on, recovered or enforced by the Board in its own name, and it shall not be necessary for the Board, or the Tribunal, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

(4) Any money, stocks, shares and securities transferred to the Board under subsection (2) which, immediately before the commencement of this Part, are in the name of the Tribunal shall, on the request of the Board, be transferred into its name.

Transfers of rights, liabilities, etc., of Tribunal

79. (1) All rights and liabilities of the Tribunal arising by virtue of any contract or commitment (expressed or implied) entered into by the Tribunal before the commencement of this Part shall on the commencement of this Part stand transferred to the Board.

(2) Every right and liability transferred by subsection (1) to the Board may, on and after the commencement of this Part, be sued on, recovered or enforced by or against the Board in its own name, and it shall not be necessary for the Board, or the Tribunal, to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(3) Every lease, licence, wayleave or permission granted by the Tribunal in relation to land or other property vested in the Board by or under this Part and in force immediately before the commencement of this Part, shall continue in force as if granted by the Board.

Liability for loss

80. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the commencement of this Part, of the functions transferred to the Board by or under this Act, shall on and after the commencement of this Part, lie against the Board and not against the Tribunal.

(2) Where immediately before the commencement of this Part, any legal proceedings are pending to which the Tribunal is a party and the proceedings have reference to any functions transferred by section 76, the name of the Board shall, in so far as the proceedings relate to any function transferred by section 76 , be substituted in the proceedings for that of the Tribunal or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution.

(3) Where, before the commencement of this Part, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Tribunal, be enforceable against the Board and not the Tribunal.

(4) Any claim made or proper to be made by the Tribunal in respect of any loss or injury arising from the act or default of any person before the commencement of this Part shall, where the claim relates to a function transferred to the Board by this Part, be regarded as having been made by or proper to be made by the Board and may be pursued and sued for by the Board as if the loss or injury had been suffered by the Board.

Provisions consequent on transfer of functions, etc.

81. (1) Anything commenced by or under the authority of the Tribunal that is not completed before the commencement of this Part may, in so far as it relates to a function transferred to the Board under this Part, be carried on or completed on or after the commencement of this Part by the Board.

(2) Every determination, term of a tenancy, fixed, or varied, order, decision or request made or any notice or form given by the Tribunal in respect of a function transferred by section 76 , shall, if and in so far as it was operative immediately before the commencement of this Part, have effect on and after such commencement as if it had been granted or made by the Board.

(3) References to the Tribunal in any court documents that relate to a function transferred by section 76 , shall, on and after the commencement of this Part, be construed as references to the Board.

Final accounts and final report

82. (1) The Board shall, in respect of the period specified in subsection (3), prepare final accounts of the Tribunal.

(2) The Board shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the commencement of this Part.

(3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the Tribunal.

(4) The Board shall prepare the final annual report for the Tribunal and submit the report to the Minister not later than 6 months after the commencement of this Part.

Expenses incurred by Minister

83. The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

Repeal of certain provisions of Act of 1983

84. The following provisions of the Act of 1983 are repealed:

(a) subsections (1), (2) and (3) of section 2;

(b) section 3;

(d) subsections (1), (4) and (8) of section 14;

(e) subsections (1)(a) and (3) of section 15.

S.I. No. 217/1982 –

Housing (Private Rented Dwellings) Regulations, 1982.

HOUSING (PRIVATE RENTED DWELLINGS) REGULATIONS, 1982.

The Minister for the Environment, in exercise of the powers conferred on him by sections 24 and 25 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982), hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing (Private Rented Dwellings) Regulations, 1982.

2. These Regulations shall come into operation on the 26th day of July, 1982.

3. (1) In these Regulations:—

“the Act” means the Housing (Private Rented Dwellings) Act, 1982 ;

“housing authority”, in relation to a dwelling, means the housing authority in whose functional area the dwelling is situated.

(2) In these Regulations, any reference to an article or a schedule which is not otherwise identified is a reference to an article or a schedule of these Regulations.

(3) In these Regulations, any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.

4. (1) Subject to sub-article (2), these Regulations shall apply to every dwelling to which section 8 (1) of the Act relates.

(2) These Regulations shall cease to apply to a dwelling when Part II of the Act ceases by virtue of section 8 (3) of the Act to apply to that dwelling.

5. The landlord of a dwelling to which these Regulations apply shall, within one month from the commencement of these Regulations, apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to register the tenancy of the dwelling and shall in such application give particulars of the following matters—

( a ) the name and address of the landlord,

( b ) the address of the dwelling,

( c ) the name of the tenant,

( d ) a description of the dwelling — that is to say whether the dwelling is a house, a self-contained flat, a non-self contained flat, a single room or as the case may be, and

( e ) the rent at which the dwelling was let immediately before the commencement of these Regulations.

6. Where, at any time after the commencement of these Regulations, a change takes place in any one or more of the matters specified in paragraphs (a) to (d) of article 5, the landlord shall, within one month from the date of such change, apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to enter particulars of the change in the register and shall in such application give particulars of the change.

7. Where, at any time after the commencement of these Regulations, a new rent for a dwelling has been agreed between the landlord and the tenant or has been fixed by the Court, the landlord shall apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to enter particulars of the new rent in the register and shall in such application give particulars of the following matters—

( a ) the new rent as so agreed or fixed,

( b ) the date on which, subject to the provisions of section 11 (2) of the Act, the new rent will become payable, and

( c ) whether the new rent has been agreed between the landlord and the tenant or has been fixed by the Court.

8. (1) Upon receipt of an application pursuant to article 5,6 or 7, the housing authority shall—

( a ) mark on the application the date of its receipt,

( b ) enter the appropriate particulars in the register, and

( c ) where the application is pursuant to—

(i) articles 5 or 6, send to the landlord an acknowledgement stating the date of receipt of the application, or

(ii) article 7, send, without payment of a fee, to the landlord and to the tenant a copy of the entries in the register relating to the dwelling certified in accordance with section 24 (6) of the Act.

(2) An entry by a housing authority in the register shall be made as of the date of the receipt by the authority of the application pursuant to article 5, 6 or 7.

9. (1) An application to a housing authority pursuant to article 7 shall be accompanied by a fee—

( a ) of £20 for each dwelling where the application is the first such application in respect of the dwelling, or

( b ) of £10 for each dwelling for each subsequent application in respect of the dwelling.

(2) An application to a housing authority for a copy of an entry in the register in respect of a dwelling, certified in accordance with section 24 (6) of the Act, shall be accompanied by a fee of £2.

10. (1) The landlord shall, within one month from the date on which the tenancy has been registered in accordance with these Regulations, provide the tenant with a rent book or similar document (in these Regulations referred to as the rent book) for use in respect of the dwelling.

(2) The rent book provided in accordance with sub-article (1) shall state in clearly legible writing—

( a ) the name and address of the landlord and his agent (if any),

( b ) the address of the dwelling, and

( c ) the rent payable for the dwelling, and shall include in clearly legible writing a note as set out in the Schedule.

(3) Where—

( a ) a change in the name and address of the landlord has been registered with the housing authority, or

( b ) a change takes place in the name or address of the agent of the landlord, or

( c ) a new rent for a dwelling has been registered with the housing authority,

the landlord or his agent shall, on production of the rent book by the tenant, enter therein particulars of such change or such new rent.

(4) The landlord or his agent shall, on production by the tenant of the rent book, record therein each payment of rent made by the tenant and the period covered by each payment.

SCHEDULE

Note to be included in Rent Book

1. The landlord may increase the rent only by agreement with the tenant or by order of a Court.

2. An increase in rent is payable only from the date on which it is registered with the housing authority.

3. The register kept by the housing authority may be inspected by any person during normal office hours.

4. A tenant who has difficulty in paying an increase in rent may be eligible for a rent allowance from the Department of Social Welfare.

5. A landlord may not evict a tenant without having obtained an order of a Court.

GIVEN under the Official Seal of the Minister for the Environment

this 13th day of July, 1982.

RAPHAEL P. BURKE,

Minister for the Environment.

EXPLANATORY NOTE.

The Regulations provide for the keeping by housing authorities of registers of dwellings formerly controlled under the Rent Restrictions Act and require the landlords of such dwellings—

( a ) to register the tenancies with the housing authority and to keep the registration up-to-date; and

( b ) to provide tenants with rent books or similar documents for use in respect of the dwellings.

S.I. No. 162/1999 –

Social Welfare (Rent Allowance) (Amendment) Regulations, 1999.

The Minister for Social, Community and Family Affairs, in exercise of the powers conferred on him by section 23 (as amended by section 26 of the Social Welfare Act, 1989 (No. 4 of 1989)) of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982) and subsections (2) and (3) of section 4 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993), hereby makes the following Regulations:

Citation and construction.

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) Regulations, 1999.

(2) The Social Welfare (Rent Allowance) Regulations, 1998 and these Regulations shall be construed together as one and may be cited as the Social Welfare (Rent Allowance) Regulations, 1998 to 1999.

Commencement.

2. These Regulations shall come into operation on the 3rd day of June 1999.

Amount of rent allowance.

3. Article 7 of the Social Welfare (Rent Allowance) Regulations, 1998 ( S.I. No. 188 of 1998 ) is hereby amended by the substitution for sub-articles (1) and (2) of the following sub-articles:

“(1) An allowance, in the case of—

(a) a married person whose weekly means do not exceed £148.90, or

(b) any other person whose weekly means do not exceed £89,

shall be a weekly amount equal to the amount by which the rent (calculated as a weekly rent) fixed by a Court, or by the Tribunal, or by a rent officer on or after the 26th day of July, 1982 exceeds the rent so calculated payable prior to that date:

Provided that where the rent so calculated payable prior to that date was less than £6.80, the allowance shall be the amount by which the rent so calculated fixed by a Court, or by the Tribunal, or by a rent officer exceeds £6.80.

(2) An allowance, in the case of persons whose weekly means exceed the amounts specified in paragraph (a) or (b) of sub-article (1), as the case may be, shall be the amount of allowance that would arise if the provisions of sub-article (1) applied, reduced—

(a) in the case of a married person, by 50p for each £1 of weekly means in excess of £148.90, but not exceeding £158.90, and by £1 for each £1 of weekly means in excess of £158.90, and

(b) in any other case, by 50p for each £1 of weekly means in excess of £89, but not exceeding £94, and by £1 for each £1 of weekly means in excess of £94.”.

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GIVEN under the Official Seal of the Minister for Social, Community and Family Affairs this 25th day of May, 1999.

DERMOT AHERN,

Minister for Social, Community and Family Affairs.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Finance this 25th day of May, 1999.

CHARLIE MCCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

These Regulations provide for increases, with effect from 3rd June 1999, in the amount of means disregarded for people affected by the decontrol of rents and the minimum rent for the purposes of the Rent Allowance scheme.

S.I. No. 157/2014 –

Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2014.

I, JOAN BURTON, Minister for Social Protection, in exercise of the powers conferred on me by sections 23 (adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 )) and 28 (inserted by section 20 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002) and adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011) of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982), with the consent of the Minister for Public Expenditure and Reform, and by section 4 (adapted by sections 23 and 28 of the Housing (Private Rented Dwellings) Act 1982 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and Construction.

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2014.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations 1998 to 2012 shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations 1998 to 2014.

Calculation of means.

2. Article 8 (amended by article 4 of the Social Welfare (Rent Allowance) (Amendment) (Miscellaneous Amendments) Regulations 2012 ( S.I. No. 448 of 2012 )) of the Social Welfare (Rent Allowance) Regulations 1998 ( S.I. No. 188 of 1998 ) is amended—

(a) in sub-article (1)(a), by inserting the following subparagraphs after subparagraph (vi):

“(viA) any sums received from compensation awarded—

(I) by the Hepatitis C and HIV Compensation Tribunal,

(II) by a court of competent jurisdiction to compensate certain persons who have contracted Hepatitis C or Human Immunodeficiency Virus within the State from the use of Human Immunoglobulin Anti-D, whole blood or other blood products,

(III) by the Residential Institutions Redress Board,

(IV) in relation to disability caused by Thalidomide, or

(V) under the provisions of the Health (Repayment Scheme) Act 2006 to a relevant person within the meaning of that Act,

(viB) any payment or payments made directly or indirectly by or on behalf of the Minister for Justice, Equality and Defence to a relevant individual, within the meaning of section 205A of the Taxes Consolidation Act 1997 , which has or have been determined in accordance with the Magdalen Commission Report dated May 2013 on the establishment of an ex gratia scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen Laundries,

(viC) any payment made by the Residential Institutions Statutory Fund Board, and”,

and

(b) in sub-article (5), by substituting “€29.80” for “€16.80”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

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GIVEN under my Official Seal,

26 March 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

26 March 2014.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

In line with the means disregards that apply to social assistance payments in general, these Regulations provide for the disregard of the following sums for the purposes of the means test applying to the Rent Allowance Scheme for tenants of formerly controlled rented dwellings—

— compensation awarded by certain Tribunals and Redress Boards, e.g. payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board or under the provisions of the Health (Repayment Scheme) Act 2006 ,

— payments which have been determined in accordance with the Magdalen Commission Report for the benefit of women who were admitted to and worked in the Magdalen Laundries, and

— payments awarded by the Residential Institutions Statutory Fund Board.

These Regulations also provide for an increase in the amount of weekly means to be disregarded in respect of a qualified child who resides with a recipient of such a Rent Allowance, from €16.80 to €29.80, to bring this disregard into line with the current rate of the weekly social welfare increase that is payable in respect of a qualified child.

S.I. No. 15/2015 –

Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015.

“Iris Oifigiúil” of 20th January, 2015.

Citation and Construction

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations 1998 to 2014 shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations 1998 to 2015.

Calculation of means

2. Article 8(1)(a) (amended by article 2 of the Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2014 ( S.I. No. 157 of 2014 )) of the Social Welfare (Rent Allowance) Regulations 1998 ( S.I. No. 188 of 1998 ) is amended—

(a) in subparagraph (viC), by substituting “the Residential Institutions Statutory Fund Board,” for “the Residential Institutions Statutory Fund Board, and”, and

(b) by inserting the following subparagraph after subparagraph (viC):

“(viD) any ex gratia payments—

(i) approved by the Lourdes Hospital Redress Board under the terms of the Lourdes Hospital Redress Scheme 2007,

(ii) made under the terms of the Lourdes Hospital Payment Scheme established by the Minister for Health, or

(iii) made under the terms of the Surgical Symphysiotomy ex gratia Scheme established by the Minister for Health and referred to as the Symphysiotomy Payment Scheme, and”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

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GIVEN under my Official Seal,

15 January 2015.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

16 January 2015.

JOAN BURTON,

Minister for Social Protection.

EXPLANATORY NOTE

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

These Regulations provide that any income received by way of ex gratia payments from—

— the Lourdes Hospital Redress Scheme 2007,

— the Lourdes Hospital Payment Scheme, and

— the Surgical Symphysiotomy ex gratia Scheme,

will be disregarded in the assessment of means for the purposes of the means test applying to the Rent Allowance Scheme for tenants of formerly controlled rented dwellings.

S.I. No. 101/2019 –

Social Welfare (Rent Allowance) (Amendment) (No. 1) Regulations 2019

“Iris Oifigiúil” of 22nd March, 2019.

I, REGINA DOHERTY, Minister for Employment Affairs and Social Protection, in exercise of the powers conferred on me by section 28 (inserted by section 20 of the Housing (Miscellaneous Provisions) Act 2002 (No. 9 of 2002)) and adapted by the Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 ( S.I. No. 418 of 2011 ) of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982), with the consent of the Minister for Public Expenditure and Reform, and by section 4 (adapted by sections 23 and 28 of the Housing (Private Rented Dwellings) Act 1982 ) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005), hereby make the following Regulations:

Citation and construction

1. (1) These Regulations may be cited as the Social Welfare (Rent Allowance) (Amendment) (No. 1) Regulations 2019.

(2) These Regulations and the Social Welfare (Rent Allowance) Regulations 1998 to 2018 shall be construed together as one and may be cited together as the Social Welfare (Rent Allowance) Regulations 1998 to 2019.

Commencement

2. These Regulations come into operation on 29 March 2019.

Amount of allowance

3. Article 7 (amended by the Social Welfare (Rent Allowance) (Amendment) (No. 1) Regulations 2018 (S.I. No. 106 of 2018)) of the Social Welfare (Rent Allowance) Regulations 1998 ( S.I. No. 188 of 1998 ) is amended—

(a) in sub-article 1(a), by substituting “€470.80” for “€461.30”,

(b) in sub-article 1(b), by substituting “€248.30” for “€243.30”,

and

“(2) An allowance, in the case of persons whose weekly means exceed the amounts specified in paragraph (a) or (b) of sub-article (1), as the case may be, shall be the amount of allowance that would arise if the provisions of sub-article (1) applied, reduced—

(a) in the case of a person who is one of a couple, by 50 cent for each €1 of weekly means in excess of €470.80, but not exceeding €670.80, and by €1 for each €1 of weekly means in excess of €670.80, and

(b) in any other case, by 50 cent for each €1 of weekly means in excess of €248.30, but not exceeding €448.30, and by €1 for each €1 of weekly means in excess of €448.30.”.

The Minister for Public Expenditure and Reform consents to the foregoing Regulations.

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GIVEN under my Official Seal,

8 March 2019.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

13 March 2019.

REGINA DOHERTY,

Minister for Employment Affairs and Social Protection.

EXPLANATORY NOTE

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

These Regulations provide for increases in the amount of means disregarded for people affected by the decontrol of rents for the Rent Allowance scheme with effect from 29 March 2019.

S.I. No. 222/1983 –

Housing (Rent Tribunal) Regulations, 1983.

HOUSING (RENT TRIBUNAL) REGULATIONS, 1983.

CONTENTS

1. Citation.

2. Commencement.

3. Interpretation.

4. Appointment of Tribunal members.

5. Applications to Tribunal.

6. Tribunal to operate by divisions.

7. Processing of applications.

8. Request for oral hearing.

9. Notice of oral hearing.

10. Conduct of oral hearing.

11. Legal representation at oral hearing.

12. Costs and expenses.

13. Determination of applications by the Tribunal.

14. Accounts.

15. Annual Report.

16. Consultants.

S.I. No. 222 of 1983.

HOUSING (RENT TRIBUNAL) REGULATIONS, 1983.

The Minister for the Environment, in exercise of the powers conferred on him by section 15 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983), hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing (Rent Tribunal) Regulations, 1983.

2. These Regulations shall come into operation on the 2nd day of August, 1983.

3. (1) In these Regulations:—

“the Act” means the Housing (Private Rented Dwellings) (Amendment) Act, 1983 ;

“the Tribunal” means the Rent Tribunal established under section 2 of the Act;

“the Minister” means the Minister for the Environment.

(2) For the purposes of these Regulations, where the applicant is the landlord of the dwelling, the respondent shall be taken to mean the tenant of the dwelling and, where the applicant is the tenant of the dwelling, the respondent shall be taken to mean the landlord of the dwelling, and the applicant and the respondent shall jointly be known as the parties to the application.

(3) In these Regulations, any reference to an article which is not otherwise identified is a reference to an article of these Regulations.

(4) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

4. (1) The period of office of a member of the Tribunal shall be such period, not exceeding three years, as shall be specified by the Minister when appointing him and he shall hold office for that period unless he sooner dies, resigns by letter addressed to the Minister or is removed from office by the Minister.

(2) The Minister may remove from office a member of the Tribunal who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Minister to be necessary for the effective performance by the Tribunal of its functions, and in case a member of the Tribunal is removed from office under this sub-article, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

(3) Members of the Tribunal shall be appointed on a part-time basis under such terms and conditions of appointment as shall be specified by the Minister with the consent of the Minister for the Public Service.

(4) A member of the Tribunal shall be paid a daily fee for attending at meetings of the Tribunal, allowances and expenses of such amounts as may be determined from time to time by the Minister with the consent of the Minister for the Public Service.

5. (1) An application to the Tribunal under section 5 of the Act shall be in writing on an application form which shall be provided free of charge by the Tribunal on request.

(2) Upon receipt of an application under section 5 of the Act the Tribunal shall:—

( a ) send to the applicant an acknowledgement of the receipt of the application and

( b ) notify the respondent of the application, send a copy of the application to him and indicate if a request for an oral hearing has been made.

(3) The Tribunal may consider and determine an application made to it, notwithstanding the failure or neglect of any person to comply with one or more of the requirements of these Regulations or to take part, in the proceedings.

(4) An applicant may withdraw an application by giving notice of withdrawal to the Tribunal and to the respondent and where notice of the time of an oral hearing has been given under article 9 (1) the notice of withdrawal shall be given not later than seven days before the date of the hearing.

6. (1) The Tribunal, in determining applications under section 5 of the Act, shall operate by divisions of the Tribunal and, accordingly, reference in these Regulations to the Tribunal in the context of the determination of particular applications (including the holding of oral hearings of such applications) shall be construed as reference to the division of the Tribunal dealing with the particular application.

(2) The Chairman of the Tribunal, or other person authorised by him in that behalf, shall determine the membership of the divisions of the Tribunal and assign particular applications to divisions for determination.

(3) Each division of the Tribunal shall, subject to sub-article (5), consist of the Chairman or a vice-chairman of the Tribunal, who shall act as chairman thereof, and two other members of the Tribunal.

(4) Where a member of a division of the Tribunal is unable or fails to serve, the Chairman of the Tribunal, or other person authorised by him in that behalf, may assign another Tribunal member to serve in his place.

(5) A division of the Tribunal may determine an application notwithstanding the absence of one of its members provided that the Chairman or a vice-chairman of the Tribunal is present to act as Chairman of the division.

(6) In determining the membership of a division of the Tribunal under sub-article (2), the Chairman of the Tribunal, or other person authorised by him, shall, in so far as it is practicable, appoint as a member of the division a person who has knowledge of, or experience in, the valuation of property.

(7) Nothing in these Regulations shall be construed as preventing a member of the Tribunal from acting in more than one division of the Tribunal.

7. (1) For the purpose of determining an application under section 5 of the Act the Tribunal may:—

( a ) require the applicant to furnish to the Tribunal information relating to the application and to furnish evidence to verify any particulars or information given by him;

( b ) where a person neglects or refuses to give to the Tribunal any information or evidence referred to in paragraph (a) within such period as may be specified by the Tribunal, determine the application without such information or evidence;

( c ) where the Tribunal is of the opinion that the determination of the application is being unnecessarily delayed by one or both of the parties to the application, either determine the application on the basis of the information before it or regard the application as having been abandoned.

(2) Where an application is regarded as having been abandoned under this article the Tribunal shall notify both parties to the application accordingly.

(3) Where a written submission is made to the Tribunal in relation to an application, the Tribunal shall send to the other party a copy of any such written submission which, in the opinion of the Tribunal, is of significance in relation to the determination of the application.

(4) Where the Tribunal employs a consultant to prepare a report for the purpose of assisting it in determining an application a copy of any such report shall, at least seven days before the date of the determination, be sent to both parties.

8. (1) A party to an application may, subject to sub-article (2), request an oral hearing of an application and any such request shall be made in writing to the Tribunal.

(2) A request to the Tribunal under sub-article (1) shall be made—

( a ) in the case of the applicant, at the time of making application to the Tribunal or

( b ) in the case of the respondent, not later than fourteen days from the date of notice to him of receipt of the application under article 5.

(3) Where a request for an oral hearing is made under sub-article (1), the Tribunal shall hold an oral hearing in relation to the application.

(4) Where neither of the parties to an application requests the holding of an oral hearing, the application shall be determined without an oral hearing unless the Tribunal considers that it is necessary to hold an oral hearing for the purposes of determining the application.

9. (1) The Tribunal shall give each party to an application not less than fourteen days notice of the time and place of an oral hearing or such shorter notice as may be accepted by both parties.

(2) The Tribunal may, at any time, alter the time and place of the hearing and in such event the Tribunal shall give each party not less than seven days notice of the new time and place or such shorter notice as may be accepted by both parties.

10. (1) Subject to the provisions of this article, the Tribunal shall have discretion as to the conduct of an oral hearing and in particular shall:—

( a ) conduct the hearing without undue formality,

( b ) permit any party to appear in person or to be represented by another person, and

( c ) hear, if they think fit, any person who is not a party to the application.

(2) A party to an application may:—

( a ) make an opening statement to the Tribunal,

( b ) call witnesses,

( c ) question any witnesses called by the other party,

( d ) give evidence on his own behalf, and

( e ) address the Tribunal at the close of evidence.

(3) The Tribunal may take account of any written submissions made to the Tribunal prior to an oral hearing and may admit any written statement as prima facie evidence of any fact whenever it thinks it just and proper so to do.

(4) The Tribunal may adjourn an oral hearing from time to time.

(5) Where, after notice of a hearing has been duly given, a party to an application fails to appear at the hearing, the Tribunal may determine the application or may adjourn the hearing.

11. (1) Where it is the intention of a party to an oral hearing to have legal representation at the hearing, he shall give not less than seven days notice of such intention to the other party and to the Tribunal.

(2) A party to whom a notification under sub-article (1) is given may arrange to have legal representation at the oral hearing without prior notification to the other party.

(3) A party, other than a party to whom notification was given under sub-article (1), shall not be entitled to have legal representation attend on his behalf at an oral hearing unless the Tribunal is satisfied that he has complied with the requirements of sub-article (1).

12. (1) Subject to sub-article (2), where the person requesting the oral hearing is the landlord, the Tribunal shall order the landlord to pay the tenant’s costs and expenses reasonably and necessarily incurred arising out of the hearing other than the costs and expenses of legal representation at the hearing unless the Tribunal, on consideration of all the circumstances, including the means of the landlord and the tenant, otherwise orders.

(2) Where the landlord, being the party requesting the oral hearing, gives notice to the tenant in accordance with article 11 (1), the Tribunal shall award to the tenant the costs and expenses of legal representation at the hearing reasonably and necessarily incurred by him.

(3) Subject to the foregoing provisions of this article, where an oral hearing is held, the Tribunal shall have discretion to award to either party to the application costs and expenses reasonably and necessarily incurred and arising out of the hearing.

(4) The Tribunal shall determine the amount of the costs and expenses to be paid under this article and the amount so determined shall be recoverable as a simple contract debt.

13. (1) The Tribunal shall keep in such form as may be approved by the Minister all proper and usual accounts of all monies received or expended by it.

(2) Accounts kept in pursuance of this article shall be submitted by the Tribunal to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited by him, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies to be laid before each House of the Oireachtas.

(3) The financial year of the Tribunal shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of the coming into effect of these regulations and ending on the 31st December, 1984 shall be deemed to be a financial year.

14. (1) The Tribunal shall, not later than the 30th day of September in each year, make a report to the Minister of its proceedings during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Tribunal shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

(3) Members and staff of the Tribunal shall not communicate any information relating to the work of the Tribunal, to any person other than the Minister or a person authorised by him to receive such information, unless they are duly authorised to do so or do so in the course of and in accordance with their duties as members of the Tribunal or their employment by the Tribunal.

15. The Tribunal may from time to time engage such consultants as it may consider necessary for the discharge of its functions and any fees due to a consultant pursuant to this article shall be paid by the Tribunal out of monies at its disposal.

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of July, 1983

DICK SPRING,

Minister for the Environment.

The Minister for the Public Service hereby consents to article 4 of the Housing (Rent Tribunal) Regulations, 1983.

GIVEN under the Official Seal of the Minister for the Public Service this

28th day of July, 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The Regulations provide for the terms and conditions of appointment and tenure of office of members of the Rent Tribunal, for the manner in which it will operate and for the procedures for making applications to the Tribunal to determine the terms of tenancy of dwellings which were formerly controlled under the Rent Restrictions Acts.

Old Controlled Tenancies

Housing (Private Rented Dwellings) Act, 1982

Interpretation generally.

Service of notices.

Interpretation ( Part II ).

Application of this Part.

Entitlement of tenants to retain possession.

Surrender of dwelling.

Terms of tenancies.

Terms of tenancy where fixed by the Court.

Compensation for loss.

Compensation for improvements.

Recovery of possession.

Powers of Court in ejectment proceedings.

Rent allowances for tenants.

Registration of rented dwellings.

Rent books.

Standards for rented dwellings.

Offences.

Housing (Private Rented Dwellings) (Amendment) Act, 1983

Interpretation and construction.

Establishment of the Tribunal.

Fixing of terms of tenancies.

Rent officers.

Terms of tenancies.

Date from which new rent applies.

declaratory provision.

Appeals to Tribunal.

Regulations supplementing this Act.

False information.

Right to enter and inspect dwellings.

Housing (Miscellaneous Provisions) Act, 2002

Regulations.

Residential Tenancies (Amendment) Act 2015

Transfer of functions of Tribunal established under Act of 1983 to Board

Dissolution of Tribunal

Housing (Private Rented Dwellings) Regulations, 1982.

EXPLANATORY NOTE.

Social Welfare (Rent Allowance) (Amendment) Regulations, 1999.

Amount of rent allowance.

EXPLANATORY NOTE.

Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2014.

EXPLANATORY NOTE

Social Welfare (Rent Allowance) (Amendment) (No. 1) (Assessment of Means) Regulations 2015.

EXPLANATORY NOTE

Social Welfare (Rent Allowance) (Amendment) (No. 1) Regulations 2019

EXPLANATORY NOTE

Housing (Rent Tribunal) Regulations, 1983.

EXPLANATORY NOTE.

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