Rent Pressure Zones
Residential Tenancies Act 2004
F75 [
Rent pressure zones
24A. (1) The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone.
(2) As soon as practicable, but no later than 1 week after the date of receipt of the proposal under subsection (1) , the Minister shall request the Director to make a report to the Minister (in this section referred to as a ‘ rent zone report ’ ), in such form as the Minister may approve, on whether, in so far as the area the subject of the proposal is concerned, the criteria specified in subsection (4) for designation as a rent pressure zone are satisfied.
(3) Within 2 weeks after the date that the Minister made the request under subsection (2) , the Director shall furnish the Minister with the rent zone report.
(4) In making a rent zone report to the Minister, the Director shall confirm whether or not the following criteria have been met —
( a ) the information relating to the area concerned, as determined by reference to the information used to compile each Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7 per cent in each of at least 4 of the 6 quarters (each being a period of 3 months that is contemporaneous with the period to which the Rent Index quarterly report concerned relates) preceding the period immediately prior to the date of the proposal by the Housing Agency to the Minister under subsection (1) , and
F76 [ ( b ) the average rent (determined by reference to the information specified in paragraph (a) ) in the area in respect of the 3 months to which the most recent Rent Index quarterly report applies is —
(i) in the case of the county of Kildare, the county of Meath, the county of Wicklow or a local electoral area in any one of those counties, above the average rent in the State (other than the Dublin Area) specified in that report, or
(ii) in the case of any —
(I) other county or local electoral area, or
(II) any city, city and county or local electoral area situated in such city or city and county,
above the average rent in the State (other than the Greater Dublin Area) specified in that report. ]
(5) Where the Minister receives a rent zone report from the Director and the report confirms that the criteria in subsection (4) are satisfied, the Minister shall by order prescribe the area as a rent pressure zone for a specified period not exceeding 3 years.
(6) Where a local electoral area is prescribed by order as a rent pressure zone and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.
(7) The Minister may, on a recommendation from the Housing Agency, by order revoke an order made under subsection (5) or a deemed order under section 24B and, accordingly, section 8(3) does not apply to any such order or deemed order.
(8) In making a recommendation under subsection (7) , the Housing Agency shall consider and provide a report to the Minister, on such matters as may be prescribed having regard to —
( a ) the operation of the rental market,
( b ) the operation of the housing market, and
( c ) changes in rent levels in the period since the area concerned was designated as a rent pressure zone;
and, before making such a recommendation and providing a report under this subsection, the Housing Agency shall consult with the Board and the housing authority concerned on the matter.
(9) The Board shall publish, in such manner as it thinks fit, a notice of the making of an order by the Minister under subsection (5) or (7) .
(10) In this section —
‘ area ’ means —
( a ) the administrative area of a housing authority, or
( b ) a local electoral area within the meaning of section 2 of the Local Government Act 2001 ;
F77 [ ‘ Dublin Area ’ means —
( a ) the city of Dublin, and
( b ) the counties of South Dublin, Fingal and D ú n Laoghaire-Rathdown;
‘ Greater Dublin Area ’ means —
( a ) the Dublin Area, and
( b ) the counties of Kildare, Wicklow and Meath; ]
‘ Housing Agency ’ has the same meaning as it has in the Pyrite Resolution Act 2013 ;
‘ Rent Index quarterly reports ’ has the meaning given in the definition of ‘ Rent Index ’ ;
‘ Rent Index ’ means the publication known as the Residential Tenancies Board Rent Index which is published by the Board in respect of each successive period of 3 months in every calendar year (in this section referred to as ‘ Rent Index quarterly reports ’ ) pursuant to its functions under section 151(1)(e) and includes any other publication that it replaced or may replace it for the purposes of those functions. ]
Annotations
Amendments:
F75
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).
F76
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(a), S.I. No. 236 of 2019.
F77
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(1)(b), S.I. No. 236 of 2019.
Modifications (not altering text):
C26
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
C27
Application of subs. (5), and orders made under subs. (5), restricted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
(2) Notwithstanding subsection (5) of section 24A of the Act of 2004 or any order made thereunder, the period specified in any such order to be the period during which an area shall stand prescribed as a rent pressure zone shall expire on 31 December 2021.
Editorial Notes:
E29
Power pursuant to subs. (5) exercised (29.09.2020 to 31.12.2021) by Rent Pressure Zone (Administrative Area of Kildare County Council) Order 2020 (S.I. No. 380 of 2020), in effect as per art. 2.
E30
Power pursuant to subs. (5) exercised (16.07.2020 to 31.12.2020) by Rent Pressure Zone (Local Electoral Area of Bandon – Kinsale) Order 2020 (S.I. No. 247 of 2020), in effect as per art. 2.
E31
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Tullamore) Order 2020 (S.I. No. 140 of 2020), in effect as per art. 2.
E32
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mullingar) Order 2020 (S.I. No. 139 of 2020), in effect as per art. 2.
E33
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Mallow) Order 2020 (S.I. No. 138 of 2020), in effect as per art. 2.
E34
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Killarney) Order 2020 (S.I. No. 137 of 2020), in effect as per art. 2.
E35
Power pursuant to subs. (5) exercised (22.04.2020 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Athy) Order 2020 (S.I. No. 136 of 2020), in effect as per art. 2.
E36
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Strandhill) Order 2019 (S.I. No. 647 of 2019), in effect as per art. 2.
E37
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Piltown) Order 2019 (S.I. No. 646 of 2019), in effect as per art. 2.
E38
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2019 (S.I. No. 645 of 2019), in effect as per art. 2.
E39
Power pursuant to subs. (5) exercised (18.12.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Baltinglass) Order 2019 (S.I. No. 644 of 2019), in effect as per art. 2.
E40
Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Macroom) Order 2019 (S.I. No. 479 of 2019), in effect as per art. 2.
E41
Power pursuant to subs. (5) exercised (26.09.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Carlow) Order 2019 (S.I. No. 478 of 2019), in effect as per art. 2.
E42
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City South) Order 2019 (S.I. No. 326 of 2019), in effect as per art. 2.
E43
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Waterford City East) Order 2019 (S.I. No. 325 of 2019), in effect as per art. 2.
E44
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Trim) Order 2019 (S.I. No. 324 of 2019), in effect as per art. 2.
E45
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Portlaoise) Order 2019 (S.I. No. 323 of 2019), in effect as per art. 2.
E46
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Midleton) Order 2019 (S.I. No. 322 of 2019), in effect as per art. 2.
E47
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City West) Order 2019 (S.I. No. 321 of 2019), in effect as per art. 2.
E48
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Limerick City North) Order 2019 (S.I. No. 320 of 2019), in effect as per art. 2.
E49
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kilkenny) Order 2019 (S.I. No. 319 of 2019), in effect as per art. 2.
E50
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Kells) Order 2019 (S.I. No. 318 of 2019), in effect as per art. 2.
E51
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Graiguecullen – Portarlington) Order 2019 (S.I. No. 317 of 2019), in effect as per art. 2.
E52
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gort – Kinvara) Order 2019 (S.I. No. 316 of 2019), in effect as per art. 2.
E53
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Gorey) Order 2019 (S.I. No. 315 of 2019), in effect as per art. 2.
E54
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Fermoy) Order 2019 (S.I. No. 314 of 2019), in effect as per art. 2.
E55
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk South) Order 2019 (S.I. No. 313 of 2019), in effect as per art. 2.
E56
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Dundalk – Carlingford) Order 2019 (S.I. No. 312 of 2019), in effect as per art. 2.
E57
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athlone) Order 2019 (S.I. No. 311 of 2019), in effect as per art. 2.
E58
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Athenry – Oranmore) Order 2019 (S.I. No. 310 of 2019), in effect as per art. 2.
E59
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Arklow) Order 2019 (S.I. No. 309 of 2019), in effect as per art. 2.
E60
Power pursuant to subs. (5) exercised (2.07.2019 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area Of Ardee) Order 2019 (S.I. No. 308 of 2019), in effect as per art. 2.
E61
Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Navan) Order 2019 (S.I. No. 122 of 2019), in effect as per art. 2.
E62
Power pursuant to subs. (5) exercised (28.03.2019 to 28.03.2022) by Rent Pressure Zone (Local Electoral Area Of Limerick City East) Order 2019 (S.I. No. 121 of 2019), in effect as per art. 2.
E63
Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E64
Power pursuant to subs. (5) exercised (20.09.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E65
Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E66
Power pursuant to subs. (5) exercised (30.03.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E67
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Kildare-Newbridge) Order 2017 (S.I. No. 29 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E68
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Laytown-Bettystown) Order 2017 (S.I. No. 28 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E69
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ashbourne) Order 2017 (S.I. No. 27 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E70
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ratoath) Order 2017 (S.I. No. 26 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E71
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Bray) Order 2017 (S.I. No. 25 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E72
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Wicklow) Order 2017 (S.I. No. 24 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E73
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City East) Order 2017 (S.I. No. 23 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E74
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Celbridge-Leixlip) Order 2017 (S.I. No. 22 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E75
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City Central) Order 2017 (S.I. No. 21 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E76
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Naas) Order 2017 (S.I. No. 20 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E77
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Galway City West) Order 2017 (S.I. No. 19 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
E78
Power pursuant to subs. (5) exercised (27.01.2017 to 31.12.2021) by Rent Pressure Zone (Local Electoral Area of Ballincollig-Carrigaline) Order 2017 (S.I. No. 18 of 2017), in effect as per art. 2; as affected (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 8(2), S.I. No. 236 of 2019.
F78 [
Areas deemed to be rent pressure zones I
24B . With effect from the relevant date (within the meaning of section 19(7) ) and notwithstanding anything to the contrary in section 24A , orders under subsection (5) of that section shall be deemed to have been made in respect of the administrative areas of each of the following housing authorities:
( a ) Cork City Council;
( b ) Dublin City Council;
( c ) Dun Laoghaire Rathdown County Council;
( d ) Fingal County Council;
( e ) South Dublin County Council;
and, accordingly, each of those areas is deemed to be a rent pressure zone F79 [ during the period commencing on the relevant date and ending on F80 [ 31 December 2024 ] ] . ]
Annotations
Amendments:
F78
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).
F79
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 9, S.I. No. 236 of 2019.
F80
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 10, commenced on enactment.
Modifications (not altering text):
C28
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
F81 [Relevant area within meaning of Local Government Act 2019
Deemed to be rent pressure zone II
24BA. (1) For the purposes of section 24B , the administrative area of Cork City Council shall include the relevant area and, accordingly, the reference in that section to relevant date shall, in so far as that section applies to the relevant area, be construed as a reference to the transfer day.
(2) In this section —
‘ Act of 2019 ’ means the Local Government Act 2019 ;
‘ relevant area ’ has the meaning assigned to it by the Act of 2019; and
‘ transfer day ’ has the meaning assigned to it by the Act of 2019. ]
Annotations
Amendments:
F81
Inserted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 10, S.I. No. 236 of 2019.
Modifications (not altering text):
C29
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.
F82 [ Application of section 20 (
frequency with which rent reviews may occur to rent pressure zones
24C . (1) Where a tenancy commenced before the relevant date (within the meaning of section 19(7) ) and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then —
( a ) the first rent review after the relevant date shall be carried out in accordance with section 20 , and
( b ) any subsequent rent review shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.
(2) Where a tenancy commences on or after the relevant date (within the meaning of section 19(7) ), and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then any rent review after that date shall be carried out as if subsections (4) to (6) of section 20 had not been enacted. ]
Annotations
Amendments:
F82
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 36, commenced as per s. 1(3)(b).
Modifications (not altering text):
C30
Application of Part restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(1), S.I. 424 of 2021.
Setting and review of rent in cost rental tenancy
33.(1) Part 3 of the Act of 2004 shall not apply to the payment or setting of rent under a cost rental tenancy.