Rent

Residential Tenancies Act 2004

PART 3

Rent and Rent Reviews

Annotations:

Modifications (not altering text):

C15
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.

…

Setting of rent above market rent prohibited.

19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.

(2) The reference in this section to the setting of the rent under a tenancy is a reference to—

( a) the initial setting of the rent under the tenancy, and

( b) any subsequent setting of the rent under the tenancy by way of a review of that rent.

F42 [ (3) The setting of the rent under the tenancy of a dwelling that is carried out on or after the relevant date shall be subject to subsections (4) to (7) .

F43 [ (4) ( a ) The setting (in this subsection referred to as the “next setting”) of a rent under the tenancy of a dwelling in a rent pressure zone at any time after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021 shall neither—

(i) result in such increase in rent as would cause the new rent under the tenancy to exceed the old rent by more than the relevant percentage, nor

(ii) result in such increase in rent as would cause the ratio of the new rent under the tenancy to the old rent to exceed the ratio of the current HICP value to the previous HICP value.

( b ) In this subsection—

“current HICP value” means the HICP value published by the Board in accordance with subsection (4C) relating—

( a ) to the month immediately preceding the month in which the next setting takes place, or

( b ) in a case in which the HICP value relating to the month first-mentioned in paragraph (a) is not so published on or before the next setting, to the month immediately preceding that month;

“new rent” means, in relation to the tenancy of a dwelling, the rent under the tenancy set at the next setting;

“old rent” means, in relation to the tenancy of a dwelling—

( a ) the rent under that tenancy set at the previous setting, or

( b ) where that tenancy is a new tenancy, the rent under the tenancy (immediately preceding the new tenancy) of that dwelling set at the previous setting;

“previous HICP value” means—

( a ) in relation to a previous setting that took place before the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021, the HICP value published by the Board in accordance with subsection (4C) relating to the month in which the previous setting took place,

( b ) in relation to a previous setting that takes place on or after such commencement—

(i) the HICP value published by the Board in accordance with subsection (4C) relating to the month immediately preceding the month in which the previous setting took place, or

(ii) in circumstances where the HICP value referred to in subparagraph (i) was not so published by the time the previous setting took place, the HICP value so published relating to the month immediately preceding the month first-mentioned in that subparagraph;

“previous setting” means, in relation to the next setting of a rent under the tenancy of a dwelling, the most recent setting (before the next setting) of the rent under—

( a ) that tenancy of the dwelling, or

( b ) where the next setting relates to a new tenancy of that dwelling, the tenancy of that dwelling immediately preceding the new tenancy;

“relevant percentage” means, in relation to the setting of the rent under the tenancy of a dwelling—

( a ) 2 per cent of the old rent in respect of each year that has elapsed since the previous setting, and

( b ) as respects any additional period that has elapsed between the previous setting and the next setting that is shorter than a year, such percentage as bears to 2 per cent the same proportion that that period bears to a year.

( c ) For the purposes of this subsection, a tenancy immediately precedes a new tenancy if—

(i) it expired at any time—

(I) during the period of 2 years prior to the creation or coming into being of the new tenancy, or

(II) in the case of a new tenancy to which subparagraph (i) of paragraph (a) of subsection (5) applies, during the period of one year prior to the creation or coming into being of the new tenancy, and

(ii) no other tenancy was created or came into being during the period between the expiration of that tenancy and the creation, or coming into being, of the new tenancy. ]

F44 [ (4A) F45 [ … ]

(4B) F45 [ … ]

(4C) The Board shall—

( a ) establish and maintain a rent pressure zone calculator to calculate any increase in rent in a rent pressure zone in accordance with F46 [ subsection (4) ] , and

( b ) publish and keep up to date a table of HICP values published by the Central Statistics Office.

(4D) The Minister, for the purposes of F46 [ subsections (4) and (4C) ] , may prescribe—

( a ) the means by which the rent pressure zone calculator referred to in subsection (4C)(a) shall operate to accurately calculate any increase in rent in a rent pressure zone by applying the HICP values to the rent,

( b ) the information to be furnished in the table referred to in subsection (4C)(b) , F47 [ and ]

( c ) the form and manner of publication by the Board of that calculator and F46 [ table. ]

( d ) F48 [ … ] ]

(5) F49 [ Subsection (4) does not apply ] —

F50 [ ( a ) to the rent first set under the tenancy of —

(i) a dwelling —

(I) in a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000 , or

(II) that is such a structure,

provided that no tenancy in respect of that dwelling subsisted during the period of one year immediately preceding the date on which the tenancy concerned commenced, or

(ii) any other dwelling, provided that no tenancy in respect of that dwelling subsisted during the period of 2 years immediately preceding the date on which the tenancy concerned commenced, ]

( b ) if, in the period since the rent was last set under a tenancy for the dwelling —

(i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be F51 [ greater than ] the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling.

F52 [ (5A) For the purposes of paragraph (b) of subsection (5) , a substantial change in the nature of the accommodation provided under the tenancy shall only have taken place where —

( a ) the works carried out to the dwelling concerned —

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

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

(iii) result in any 3 or more of the following:

(I) the internal layout of the dwelling being permanently altered;

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

(III) a permanent increase in the number of rooms in the dwelling;

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

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

and

( b ) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b) . ]

F53 [ (5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling in a rent pressure zone, a landlord seeks to rely on subsection (5) , the landlord shall —

( a ) serve a notice in the prescribed form together with all relevant supporting information on the Board setting out the reasons why, in the landlord ’ s opinion, subsection (4) does not apply to the dwelling,

( b ) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and

( c ) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling. ]

F54 [ (6) Where —

( a ) a notice under section 22(2) has been served on the tenant, or

( b ) the review of the rent concerned has commenced,

before the relevant date, or, if an order is made by the Minister under section 24A(5) in respect of an area where the dwelling concerned is situate, before the date of the coming into operation of the order, then F49 [ subsections (3) and (4) ] shall not apply to the new rent, referred to in section 22(2) , stated in that notice in accordance with that section. ]

F55 [ (6A) A person who fails to comply with the requirements of F56 [ subsection (4) F48 [ … ] ] shall be guilty of an offence. ]

F57 [ (6B) A person, who in purported compliance with subsection (5B) , furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

(6C) A person who fails to comply with the requirements of subsection (5B) shall be guilty of an offence. ]

(7) In this section —

F44 [ “HICP values” means the values contained in the most recent data available monthly in the All-Items Harmonised Index of Consumer Prices in relation to Ireland and published monthly by the Central Statistics Office in accordance with Regulation (EU) 2016/792 1 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No. 2494/95; ]

F48 [ … ]

“relevant date” means the date section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation;

“rent pressure zone” means an area —

( a ) prescribed by the Minister by order under section 24A as a rent pressure zone under that section, or

( b ) in respect of an area to which section 24B relates, deemed to be so prescribed by the Minister under section 24A . ]

Annotations

Amendments:

F42
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 34, commenced as per s. 1(3)(b).

F43
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(a), commenced on enactment.

F44
Inserted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(b), (f), S.I. No. 361 of 2021.

F45
Deleted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(b), commenced on enactment.

F46
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(c), (d)(i), (iii), commenced on enactment.

F47
Inserted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(d)(ii), commenced on enactment.

F48
Deleted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(d)(iv), (g), (h), commenced on enactment.

F49
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 3(1)(e), (f), commenced on enactment.

F50
Substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 25(1)(b), S.I. No. 355 of 2019.

F51
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(a), (b), S.I. No. 236 of 2019.

F52
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(c), S.I. No. 236 of 2019, subject to transitional provision in subs. (2).

F53
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(c), S.I. No. 286 of 2019.

F54
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(d), S.I. No. 236 of 2019.

F55
Inserted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(e), S.I. No. 236 of 2019.

F56
Substituted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(e), S.I. No. 361 of 2021.

F57
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(e), S.I. No. 286 of 2019.

Modifications (not altering text):

C16
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.

…

Editorial Notes:

E18
Review of operation of subs. (4) provided (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021, s. 3(2), commenced on enactment.

E19
Previous affecting provision: subss. (5), (6) amended (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(c), (d), S.I. No. 361 of 2021; substituted (11.12.2021) as per F-note above.

E20
Previous affecting provision: definition of “new date” inserted (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(f), S.I. No. 361 of 2021; deleted (11.12.2021) as per F-note above.

E21
Previous affecting provision: subs. (4) amended (16.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 6(a), S.I. No. 361 of 2021; subsection substituted as per F-note above.

E22
Previous affecting provision: subs. (4) amended (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(a), S.I. No. 236 of 2019; subsection substituted as per F-note above.

E23
Previous affecting provision: subs. (5)(a) substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 6(1)(b), S.I. No. 236 of 2019; substituted as per F-note above.

1 OJ No. L135, 24.5.2016

Social Housing Rent

F58 [ Setting of rent under tenancy for dwellings referred to in section 3(4)

19A. (1) In setting the rent under the tenancy of a dwelling referred to in section 3(4) the amount of rent under the tenancy of a dwelling —

( a ) referred to in paragraph (a) of section 3(4) , shall be determined in accordance with the contract or lease referred to in section 3(2A) , and

( b ) referred to in paragraph (b) of section 3(4) , shall be determined in accordance with the terms of the assistance referred to in that paragraph.

(2) Where there is a subsequent setting of rent under a tenancy referred to in subsection (1) by way of a review under section 20A , the amount of rent set following such review shall be determined —

( a ) in the case of a dwelling referred to in paragraph (a) of subsection (1) , in accordance with the contract or lease referred to in that paragraph, and

( b ) in the case of a dwelling referred to in paragraph (b) of subsection (1) , in accordance with the assistance referred to in that paragraph. ]

Annotations

Amendments:

F58
Inserted (7.04.2016) by Residential Tenancies Act 2015 (42/2015), s. 6, S.I. No. 151 of 2016.

Modifications (not altering text):

C17
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.

Editorial Notes:

E24
The section heading is taken from the amending section in the absence of one included in the amendment.

F59 [

Restrictions on amounts payable

19B. (1) A person shall not be required, for the purpose of securing a tenancy, to make any payment other than —

( a ) an advance payment of rent, which shall be no greater than the amount of rent payable under the tenancy agreement in respect of a period of one month, and

( b ) a deposit of an amount no greater than that payable under the tenancy agreement as rent in respect of a period of one month.

(2) A tenancy agreement shall not provide for an advance payment of rent, during the currency of the tenancy, which exceeds an amount that is payable under the tenancy as rent in respect of a period of one month and any payment made under paragraph (a) of subsection (1) shall be treated as an advance payment of rent for the purposes of this subsection.

(3) Notwithstanding subsections (1)(a) and (2) , a tenant of a dwelling referred to in subsection (1A) of section 3 may, if he or she so wishes, and with the agreement of his or her landlord, make an advance payment of rent which exceeds an amount that would be payable under the tenancy as rent in respect of a period of one month.

(4) Nothing in this section shall prevent a landlord from requiring a tenant to pay to him or her any monies arising from any outstanding legal obligations, whether on foot of the tenancy agreement, any previous tenancy or otherwise.

(5) This section shall apply to a tenancy created not earlier than one month after the passing of the Residential Tenancies (No. 2) Act 2021. ]

Annotations:

Amendments:

F59
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 7, commenced on enactment.

Modifications (not altering text):

C18
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.

Editorial Notes:

E25
The section heading is taken from the amending section in the absence of one included in the amendment.

Frequency with which rent reviews may occur.

20.—(1) Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur—

( a) more frequently than once in each period of 12 months, nor

( b) in the period of 12 months beginning on the commencement of the tenancy.

(2) Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.

(3) Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from—

( a) the last review of the rent under the tenancy, or

( b) the commencement of the tenancy,

if, in that period—

(i) a substantial change F60 [ (within the meaning of subsection (5A) of section 19 ) ] in the nature of the accommodation provided under the tenancy occurs, and

(ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.

F61 [ (4) The references to ‘ 12 months ’ in —

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall, for the duration of the relevant period, be construed as references to ‘ 24 months ’ .

(5) Subsections (4) and (6) shall cease to have effect on F62 [ 1 January 2025 ] and from that day —

(a) paragraphs (a) and (b) of subsection (1) , and

(b) subsection (3) ,

shall be read as if subsection (4) had not been enacted.

(6) In subsection (4) , ‘ relevant period ’ means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on F62 [ 31 December 2024 ] . ]

Annotations

Amendments:

F60
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 8(a), commenced on enactment.

F61
Inserted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 25(1), commenced on enactment, subject to transitional provisions in subss. (2), (3).

F62
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 8(b), (c), commenced on enactment.

Modifications (not altering text):

C19
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.

Editorial Notes:

E26
Previous affecting provision: subss. (5) and (6) substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 7(a), (b), S.I. No. 236 of 2019; substituted as per F-note above.

Rent Review Social Housing

F63 [ Rent review for dwellings referred to in section 3(4) of Principal Act

20A. (1) A review of the rent under the tenancy of a dwelling referred to in section 3(4) shall be carried out in accordance with the tenancy agreement relating to the tenancy of the dwelling.

(2) Where a tenancy agreement referred to in subsection (1) does not include provision for a review of the rent of a dwelling referred to in section 3(4) , subject to subsection (3) , either party may require a review of the rent under the tenancy to be carried out for the purpose of setting the rent.

(3) A review referred to in subsection (2) shall not be carried out more than once in any 12 month period. ]

Annotations

Amendments:

F63
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 7, S.I. No. 151 of 2016.

Modifications (not altering text):

C20
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.

Editorial Notes:

E27
The section heading is taken from the amending section in the absence of one included in the amendment.

Right to review of rent where none provided.

21.—If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20 , require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.

Annotations:

Modifications (not altering text):

C21
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.

Tenant to be notified of new rent.

22.—(1) The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.

(2) That condition is that, at least F64 [ 90 days ] before the date from which the new rent is to have effect, a notice F65 [ in the prescribed form ] is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect F66 [ and the matters specified in subsection (2A) ] .

F66 [ (2A) The notice referred to in subsection (2) shall —

( a ) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect,

( b ) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before —

(i) the date stated in the notice as the date from which that rent is to have effect, or

(ii) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later,

( c ) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to —

(i) the other terms of the tenancy, and

(ii) letting values of dwellings —

(I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

( d ) specify, for the purposes of F67 [ paragraph (c) ] , and without prejudice to the generality of that paragraph, the amount of rent sought for 3 dwellings —

(i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and

(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

F68 [ … ]

( e ) include the date on which the notice is F67 [ signed, F69 [ … ] ]

F70 [ ( f ) where the dwelling is in a rent pressure zone (within the meaning given in section 19(7) ), state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does F71 [ not apply, and ] ]

F72 [ ( g ) where the dwelling is in a rent pressure zone (within the meaning given by section 19(7) ) to which F73 [ section 19(4) ] applies, state how any increase in the rent last set under the tenancy of the dwelling was calculated or, where F73 [ section 19(4) ] does not apply, state why it does not apply. ]

(2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent.

(2C) In this section “amount of rent sought” means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which the notice referred to in subsection (2) is served. ]

(3) Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before—

( a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or

( b) the expiry of 28 days from the receipt by the tenant of that notice,

whichever is the later.

Annotations

Amendments:

F64
Substituted (4.12.2015) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(i), commenced on enactment, subject to transitional provision in subs. (2).

F65
Substituted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(ii), S.I. No. 216 of 2016.

F66
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 26(1)(a)(iii) and (b), S.I. No. 216 of 2016.

F67
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(a), (b), commenced as per s. 1(3)(b).

F68
Deleted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).

F69
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(a), commenced on enactment.

F70
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 35(b), commenced as per s. 1(3)(b).

F71
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(b), commenced on enactment.

F72
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 9(c), commenced on enactment.

F73
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 4(a), commenced on enactment.

Modifications (not altering text):

C22
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.

F74 [

Notification Social Housing

under section 20A

22A. Where, following a review of rent under section 20A , there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable. ]

Annotations

Amendments:

F74
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 8, S.I. No. 151 of 2016.

Modifications (not altering text):

C23
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.

Editorial Notes:

E28
The section heading is taken from the amending section in the absence of one included in the amendment.

Proceedings for rent arrears.

23.—Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person’s personal representative.

Annotations:

Modifications (not altering text):

C24
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.

“Market rent”, references to rent reviews, etc.

24.—(1) In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—

( a) the other terms of the tenancy, and

( b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.

(2) References in this Part to a review of a rent include references to—

( a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and

( b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect,

and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.

(3) References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent—

( a) the oral agreeing of the rent,

( b) the oral or written notification of the rent, or

( c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.

Annotations:

Modifications (not altering text):

C25
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.

S.I. No. 723/2021 –

Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2021

“Iris Oifigiúil” of 31st December, 2021.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 8 of the Residential Tenancies Act 2004 (No. 27 of 2004) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), hereby make the following regulations:

1. These Regulations may be cited as the Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2021.

2. These Regulations come into operation on 12 December 2021.

3. The Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 ( S.I. No. 217 of 2016 ) are amended by substituting for Schedule 1 the Schedule set out in Schedule 1 to these Regulations.

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

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GIVEN under my Official Seal,

11 December, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

Schedule 1

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Schedule 2

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EXPLANATORY NOTE

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

These Regulations prescribe:

– in Schedule 1, the notice to be served by a landlord or by his or her authorised agent on his or her tenant(s) for the purposes of a rent review under section 22(2) of the Residential Tenancies Act 2004 (No. 27 of 2004);

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