Tenancies Regulation
3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).
F1 [ (1A) ( a ) Subject to subsection (7) , this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement of paragraph (a) of section 3 of the Residential Tenancies (Amendment) Act 2019) situated in a building, or part of a building, used for the sole purpose (subject to subparagraphs (i) , (ii) and (iii) ) of providing residential accommodation to students during academic term times under a tenancy —
(i) whether or not the building or part of the building concerned is used for any other purpose outside of those times,
(ii) whether or not any such students are permitted to reside there outside of those times, and
(iii) whether or not any person other than a student resides there, provided that the purpose of the person ’ s residing there serves the first-mentioned purpose,
F2 [ but does not apply to a dwelling ] in a building or part of a building used for the first-mentioned purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned.
( b ) This subsection is without prejudice to subsection (1) and accordingly this Act shall, by virtue of that subsection —
(i) continue to apply to any dwelling to which it applied immediately before the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019 in the same manner as it applied to such dwelling before such commencement, and
(ii) apply to any dwelling —
(I) occupied by a student under a tenancy created on or after such commencement, and
(II) to which this Act would apply had sections 3 and 5 of the Residential Tenancies (Amendment) Act 2019 not been enacted,
in the same manner as it would apply to a dwelling referred to in subparagraph (i) .
( c ) The definition of ‘ dwelling ’ in section 4 shall apply for the purposes of this subsection as if ‘ residential unit (whether or not self-contained) ’ were substituted for ‘ self-contained residential unit ’ .
( d ) In this subsection ‘ student ’ means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ). ]
(2) Subject to section 4(2) , this Act does not apply to any of the following dwellings—
( a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)( a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,
( b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,
F3 [ ( c ) a dwelling that is let by or to a public authority and without prejudice to the generality of the foregoing, including a dwelling provided by a public authority to an approved housing body other than a dwelling referred to in subsection (2A) , ]
( d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, the fee simple in respect of it,
( e) a dwelling occupied under a shared ownership lease,
( f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,
( g) a dwelling within which the landlord also resides,
( h) a dwelling within which the spouse F4 [ , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ], parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,
( i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.
F5 [ (2A) Where —
( a ) a public authority provides a dwelling, of which it is the owner, to an approved housing body under a contract or lease between the public authority and the approved housing body pursuant to paragraph (ea) of section 6 (2) of the Housing (Miscellaneous Provisions) Act 1992 , and
( b ) subsequent to such provision the dwelling concerned is the subject of a tenancy between the approved housing body concerned and a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),
for the purposes of subsection (1) and without prejudice to paragraph (c) of subsection (2) —
(i) this Act applies to that dwelling (including any such dwelling that is the subject of a tenancy created before the coming into operation of this subsection),
(ii) any such tenancy shall not, for the purposes of this Act, be treated as a sub-tenancy arising out of such lease or contract between the public authority and the approved housing body, and
(iii) references in this Act to a sub-tenancy shall not include a dwelling that is the subject of a tenancy between the approved housing body and the household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 . ]
F6 [ (3) Notwithstanding the definition of “ tenancy ” in section 5(1) , in this section a reference to a tenancy does not include a tenancy the term of which is more than 35 years. ]
F5 [ (4) Without prejudice to subsection (1) , for the purposes of the application of this Act to —
( a ) a dwelling referred to in subsection (2A) , and
( b ) a dwelling, other than a dwelling referred to in paragraph (a) , that —
(i) F7 [ is provided by an approved housing body ] to whom assistance is given under subsection (2) of section 6 of the Housing (Miscellaneous Provisions) Act 1992 , other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body,
(ii) is the subject of a tenancy (including a tenancy created before the commencement of this subsection), and
(iii) is let by that approved housing body to a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),
subsections (5) and (6) (both inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) and sections 3A and 3B (both inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) shall apply to a dwelling referred to in paragraphs (a) and (b) .
(5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) —
( a ) the approved housing body concerned shall be deemed to be a landlord of such dwelling,
( b ) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a dwelling, referred to in subsection (4)(a) , shall be construed accordingly, and
( c ) the person who is the tenant of the dwelling shall be construed in accordance with subsection (6) .
(6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in paragraphs (a) and (b) of subsection (4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) —
( a ) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling,
( b ) where the household comprises 2 or more persons, whichever of those persons who has been granted occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and
( c ) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, referred to in paragraph (a) or (b) of subsection (4) , the subject of a tenancy, shall be construed accordingly. ]
F1 [ (7) The following provisions of this Act shall not apply to a tenancy of a dwelling referred to in subsection (1A) :
( a ) paragraphs (k) and (n) of section 16 , subsections (2) and (3) of section 78 and clause (II) of subparagraph (i) of paragraph (e) of subsection (4) of section 135 ;
( b ) F8 [ sections 60, 70 , ] 71 , 72 , 73 , 81 , 185 , 186 and 195 ;
( c ) Part 4 ; and
( d ) Schedule 1 . ]
Annotations
Amendments:
F1
Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 3(a), (b), S.I. No. 354 of 2019.
F2
Substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 25(1)(a), S.I. No. 355 of 2019.
F3
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(1), S.I. No. 151 of 2016.
F4
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 40(a), S.I. No. 648 of 2010.
F5
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 3(2), (3), S.I. No. 151 of 2016.
F6
Inserted (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(b), commenced on enactment.
F7
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 31, S.I. No. 7 of 2017.
F8
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 3, commenced on enactment.
F9
Inserted 11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(a), commenced as per subs. (2) and s. 5(5).
Modifications (not altering text):
C6
Prospective affecting provision: subs. (3) amended (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(a), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
F6 [ (3) Notwithstanding the definition of “ tenancy ” in section 5(1) , in this section a reference to a tenancy does not include a tenancy F9 [ (other than a Part 4 tenancy) ] the term of which is more than 35 years. ]
C7
Prospective affecting provision: application of section restricted by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 25(3), not commenced as of date of revision.
Chapter 4 tenancy agreement.
25.— …
(3) A dwelling to which this Chapter applies which is the subject of a Chapter 4 tenancy agreement shall not be construed as a dwelling let by or to a public authority for the purposes of section 3(2)(c) of the Act of 2004.
…
C8
Term “approved housing body” construed (1.01.2022) by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, S.I. No. 728 of 2021, art. 2(f).
Construction of certain references in other Acts or instruments made under Acts
68. References in—
(a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,
…
to—
(i) an approved housing body,
(ii) a housing body approved under section 6 of the Act of 1992,
(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or
(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,
as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.
C9
Application of Act extended to licences and licence agreements (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 37, S.I. No. 354 of 2019, as substituted (15.07.2019) by Local Government Rates and other Matters Act 2019 (24/2019), s. 26(d), S.I. No. 355 of 2019.
Application of Act of 2004 to certain licences
[37. (1) The Act of 2004 shall apply to licences to which this section applies and licence agreements as it applies to tenancies of dwellings referred to in subsection (1A) of section 3 of that Act and tenancy agreements relating to such tenancies, subject to the following, and any other necessary, modifications:
( a) references to tenancy shall be construed as references to licence to which this section applies;
( b) references to tenancy agreement shall be construed as references to licensing agreement;
( c) references to landlord shall be construed as references to licensor;
( d) references to tenant (other than a tenant to whom the definition of ‘multiple tenants’ in subsection (1) of section 48 applies) shall be construed as references to licensee;
( e) references to dwelling shall be construed as references to a residential unit (whether or not self-contained) situated in student accommodation;
( f) references to rent shall be construed as references to payments or charges (howsoever described) payable under a licence agreement to the licensor by any person (whether or not the licensee) in consideration of the licence concerned; and
( g) the deletion, in paragraph (a) of subsection (1) of section 12, of the words ‘and exclusive’.
(2) This section does not apply to a licence in respect of student accommodation in which the licensor (other than a licensor who is not an individual) resides, and references in this section to licence to which this section applies shall be construed accordingly.
(3) In this section—
“licence” means a licence—
( a) given by the owner (in this section referred to as the ‘licensor’) of student accommodation to a student (in this section referred to as the ‘licensee’), and
( b) created not earlier than one month after the commencement of this section, permitting the licensee to enter and reside in a residential unit (whether or not self-contained) within that student accommodation in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor;
“licence agreement” means an agreement (whether or not in writing) between the owner of student accommodation and a student giving a licence to which this section applies to the student;
“owner” means, in relation to student accommodation, any person (other than a mortgagee not in possession) who has an estate or interest in that accommodation;
“student” means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 );
“student accommodation” means a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times—
( a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,
( b) whether or not any such students are permitted to reside there outside of those times, and
( c) whether or not any person other than a student resides there, provided that the purpose of the said person’s residing there serves the first-mentioned purpose. ]
C10
Application of section restricted (15.09.2014) by Housing (Miscellaneous Provisions) Act 2014 (21/2004), s. 36, S.I. No. 404 of 2014.
Restriction on application of Residential Tenancies Act 2004
36. Except in the case of a dwelling to which section 47 relates, a dwelling in respect of which housing assistance is provided under this Part shall not be construed as a dwelling let by or to a public authority for the purposes of section 3 (2)(c) of the Residential Tenancies Act 2004 .
Editorial Notes:
E3
Previous affecting provision: subs. (2)(c)(ii) amended (15.07.2009) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100(2)(a), commenced on enactment; substituted as per F-note above.
F10 [ Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
3A. (1) A tenant of a dwelling the subject of a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) shall not assign or sub-let the tenancy.
(2) Any sub-tenancy of a dwelling referred to in section 3(4) that is purported to be created shall be void.
(3) Any assignment of a dwelling referred to in section 3(4) that is purported to be made is void.
(4) Section 16(k) shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4) . ]
F11 [ (5) This section applies to a dwelling referred to in subsection (1A) of section 3 as it applies to a dwelling referred to in subsection (4) of section 3 and, accordingly, references in the preceding subsections of this section to the second-mentioned dwelling shall be construed as including references to the first-mentioned dwelling. ]
Annotations
Amendments:
F10
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.
F11
Inserted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 4, S.I. No. 354 of 2019.
F12 [ Application of Act to dwellings referred to in section 3(4) : supplemental provisions
3B. For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) —
( a ) a reference in Part 4 to a ‘ continuous period of 6 months ’ , means a continuous period of 6 months that commences on or after the commencement of section 3(4) ,
( b ) a reference in this Act to ‘ relevant date ’ shall be construed as meaning the date on which section 3(4) of the Act is commenced,
( c ) the ground specified in paragraph 4 of the Table to section 34 shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4) ,
( d ) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of a dwelling the subject of a tenancy referred to in section 3(4) ,
( e ) sections 19 , 20 , 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4) , and
( f ) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4) . ]
Annotations
Amendments:
F12
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2015.
F13 [ Notification to Minister of designations
3C. Where an approved housing body makes a designation referred to in subsection (5) of section 25 , it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation. ]
Annotations
Amendments:
F13
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.
Interpretation generally.
4.—(1) In this Act, unless the context otherwise requires—
“adjudicator” shall be construed in accordance with section 164(2) ;
F14 [ “approved housing body” means a body —
( a ) approved under section 6 (6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and
( b ) to which —
(i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings F15 [ … ] , or
(ii) assistance referred to in section 6(2)(ea) of that Act is given; ]
“authorised agent” shall be construed in accordance with section 12(1)(e) ;
F16 [ “Board” shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015; ]
“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;
“company” means a company within the meaning of the Companies Acts 1963 to 2003;
“contract of tenancy” does not include an agreement to create a tenancy;
“Director” shall be construed in accordance with section 160(1) ;
“Dispute Resolution Committee” shall be construed in accordance with section 157(2) ;
“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);
“establishment day” means the day appointed under section 149 ;
“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;
“further Part 4 tenancy” shall be construed in accordance with section 41(2) or 45(2), as appropriate;
F14 [ “housing authority” has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992 ; ]
“local authority” means a local authority for the purposes of the Local Government Act 2001;
“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;
“mediator” shall be construed in accordance with section 164(1) ;
“Minister” means the Minister for the Environment, Heritage and Local Government;
“ Part 4 tenancy” shall be construed in accordance with section 29 ;
“personal representative” has the same meaning as it has in the Succession Act 1965;
“planning permission” means a permission under section 34 of the Planning and Development Act 2000;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“public authority” means—
( a) a Minister of the Government or a body under the aegis of a Minister of the Government,
( b) the Commissioners of Public Works in Ireland,
( c) a local authority,
F14 [ ( ca ) a housing authority, ]
F17 [ ( d ) the Health Service Executive established under section 6 of the Health Act 2004, ]
( e) F18 [ … ]
( f) a voluntary body standing approved of by the Minister for Health and Children or by F19 [ the Health Service Executive ] of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,
( g) F20 [ … ]
( h) F21 [ … ]
“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;
“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;
“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;
“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;
“tenancy agreement” includes an oral tenancy agreement;
“Tribunal” shall be construed in accordance with section 102(2) .
(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.
(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—
( a) the second of the references in section 12(1)(h) ,
( b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17(1) ,
( c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,
( d) the references in subsection (2)(b) and (c) of section 25 , and
( e) the second of the references in sections 136(h), 187(1) and 188(1).
(4) In this Act—
( a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,
( b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,
( c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
( d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.
Annotations
Amendments:
F14
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 5, S.I. No. 151 of 2016.
F15
Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 32, S.I. No. 7 of 2017.
F16
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(2), S.I. No. 151 of 2016.
F17
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F18
Deleted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F19
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 72 and sch. 7 part 15, S.I. No. 887 of 2004.
F20
Deleted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 5, S.I. No. 354 of 2019.
F21
Deleted (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43.
Modifications (not altering text):
C11
Prospective affecting provision: term “approved housing body” construed by Housing (Regulation of Approved Housing Bodies) Act 2019 (47/2019), s. 68, not commenced as of date of revision.
Construction of certain references in other Acts or instruments made under Acts
68. References in—
( a) any Act of the Oireachtas, other than this Act, passed before the coming into operation of this section,
…
to—
(i) an approved housing body,
(ii) a housing body approved under section 6 of the Act of 1992,
(iii) an approved body or a body approved, under, or for the purposes of, section 6 of the Act of 1992, or
(iv) to a body approved of or standing approved of, under, or for the purposes of, section 6 of the Act of 1992,
as the case may be (howsoever described), shall, on and after the coming into operation of this section, unless the contrary intention appears, be construed as references to an approved housing body (within the meaning of this Act), save where other provision is made as respects the construction of the references in paragraphs (i) to (iv), as the case may be, by any Act of the Oireachtas (other than this Act) passed before that coming into operation.
Editorial Notes:
E4
Previous affecting provision: definition of “public authority” amended in para. (g) (5.09.2014) by State Airports (Shannon Group) Act 2014 (27/2014), s. 37(2)(a), S.I. No. 396 of 2014 in accordance with s. 43; paragraph deleted as per F-note above.
“relevant date”, “landlord”, “tenant”, “lease”, etc.
5.—(1) In this Act—
“landlord” means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;
“lease” means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;
“relevant date” means the date on which Part 4 is commenced F22 [ or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ];
“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;
“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.
(2) A reference in this Act to—
( a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and
( b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.
(3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—
( a) legal costs or expenses, or
( b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.
(4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection F23 [ and the amount of such costs shall not exceed € 5,000 ].
Annotations
Amendments:
F22
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(2), S.I. No. 151 of 2016.
F23
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86 and sch., S.I. No. 119 of 2016.
Service of notices.
6.—(1) A notice F24 [ or other document ] required or authorised to be served or given by or under F25 [ this Act, section 4 of the Residential Tenancies and Valuation Act 2020, section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 or section 5 of the Residential Tenancies (Amendment) Act 2021 ] shall, subject to subsection (2) , be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:
( a) by delivering it to the person;
( b) by leaving it at the address at which the person 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 letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;
( d) where the notice F24 [ or other document ] relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.
(2) Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.
(3) For the purposes of this section, a company 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.
(4) A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.
(5) A person who contravenes subsection (4) is guilty of an offence.
(6) Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal’s satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.
Annotations
Amendments:
F24
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.
F25
Substituted (11.12.2021) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 2, commenced on enactment.
Editorial Notes:
E5
Previous affecting provision: subs. (1) amended (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 15(1), commenced as per s. 1(3); substituted as per F-note above.
E6
Previous affecting provision: subs. (1) amended (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(3), commenced on enactment; substituted as per F-note above.
Service or giving of notice on behalf of another.
7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.
Regulations and orders.
8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.
F26 [ (1A) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. ]
(2) Every order (other than an order made under section 2 or 149) and 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 order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).
(4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.
Annotations
Offences.
9.—(1) A person guilty of an offence under this Act F28 [ this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 ] shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
(2) If the contravention in respect of which a person is convicted of an offence under F28 [ this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 ] is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.
(3) Proceedings in relation to an offence under this Act F28 [ this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 ] may be brought and prosecuted by the Board.
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.
(5) Where a person is convicted of an offence under F28 [ this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 ] the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.
Annotations
Amendments:
F27
Inserted (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(4), commenced on enactment.
F28
Substituted (11.01.2021) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 15(2)(a)-(d), commenced as per s. 1(3).
Editorial Notes:
E16
Previous affecting provisions: subss. (1), (2), (3), (5) amended (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 4(4), commenced on enactment; substituted as per F-note above.
E17
Value of fines in section modified (4.01.2011) by Fines Act 2010 (8/2010, ss. 3 and 5, and ss. 3 and 8, S.I. No. 662 of 2010. The fine of €3,000 is now a Class B fine, with a value of between €2,500 and €4,000. The fine of €250 is now a Class E fine, with a value of up to €500.
Repeal and revocation.
10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.
(2) The Housing (Registration of Rented Houses) Regulations 1996 ( S.I. No. 30 of 1996) are revoked.
Expenses.
11.—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.
ART 8
Private Residential Tenancies Board
Chapter 1
Establishment and principal functions of Board
Establishment day.
149.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.
Annotations
Editorial Notes:
E108
Power pursuant to section exercised (1.09.2009) by Residential Tenancies Act 2004 (Establishment Day) Order 2004 (S.I. No. 525 of 2004).
2. The 1st day of September 2004 is appointed as the establishment day for the purposes of Part 8 of the Residential Tenancies Act 2004.
Establishment of Board.
150.—(1) On the establishment day there shall stand established a board to be known as An Bord um Thionóntachtaí Cónaithe Príobháideacha or, in the English language, the Private Residential Tenancies Board (in this Act referred to as “the Board”) to perform the functions conferred on it by this Act.
(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land, or an interest in land and to acquire, hold and dispose of any other property.
(3) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions.
(4) The Board shall have all such powers as are necessary or expedient for or incidental to the performance of its functions under this Act.
Annotations
Modifications (not altering text):
C105
Board renamed as Residential Tenancies Board (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(1), S.I. No. 151 of 2016.
Change of name of Board
13. (1) The board established under section 150 of the Principal Act shall, on and from the commencement of this section, be re-named An Bord um Thionóntachtaí Cónaithe or, in the English language, the Residential Tenancies Board.
…
(3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board.
Functions of Board.
151.—(1) The principal functions of the Board shall be—
( a) the resolution of disputes between tenants and landlords in accordance with the provisions of Part 6,
( b) the registration of particulars in respect of tenancies in accordance with the provisions of Part 7,
F317 [ ( ba ) the investigation of landlords and the imposition of sanctions in accordance with the provisions of Part 7A , ]
( c) the provision to the Minister of advice concerning policy in relation to the F318 [ … ] rented sector,
F319 [ ( ca ) the making of reports to the Minister under section 24A ,
( cb ) the publication of statistics under section 114A , ]
( d) the development and publication of guidelines for good practice by those involved in the F318 [ … ] rented sector,
( e) the collection and provision of information relating to the F318 [ … ] rented sector, including information concerning prevailing rent levels,
( f) where the Board considers it appropriate, the conducting of research into the F318 [ … ] rented sector and monitoring the operation of various aspects of the F318 [ … ] rented sector or arranging for such research and monitoring to be done,
F320 [ ( fa ) the performance of the functions transferred to it by section 76 of the Residential Tenancies (Amendment) Act 2015, ]
( g) the review of the operation of this Act (and, in particular, Part 3) and any related enactments and the making of recommendations to the Minister for the amendment of this Act or those enactments,
( h) the performance of any additional functions conferred on the Board under subsection (3).
(2) The Board shall provide information to the Minister on such matters related to its functions and the F318 [ … ] rented sector as may be requested by the Minister from time to time.
(3) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, after consultation with—
( a) the Board,
( b) that other Minister of the Government, and
( c) the Minister for Finance,
by order—
(i) confer on the Board such additional functions connected with the functions for the time being of the Board or activities that the Board is authorised for the time being to undertake as he or she considers appropriate,
(ii) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions under this subsection or the performance by the Board of functions so conferred.
F321 [ (4) In this section ‘ rented sector ’ means —
( a ) the sector of commercial activity in the State consisting of the letting of dwellings, and
( b ) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), to households referred to in that subsection. ]
Annotations
Amendments:
F317
Inserted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(a), S.I. No. 236 of 2019.
F318
Deleted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(b), (c), S.I. No. 151 of 2016.
F319
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 50, commenced as per s. 1(3)(b). Note that the amending section refers to s. 151 and not to s. 151(1).
F320
Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 77, S.I. No. 4 of 2016.
F321
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(d), S.I. No. 151 of 2016.
F322
Inserted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(b), not commenced as of date of revision.
F323
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 65, not commenced as of date of revision.
Modifications (not altering text):
C106
Prospective affecting provision: subs. (2A) inserted by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 29(b), not commenced as of date of revision.
F322 [ (2A) ( a ) The Minister shall, not earlier than 12 months and not later than 15 months after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019, request the Board to provide him or her with such information in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term) as he or she may specify by such date (which shall be a date that falls not later than 3 months after the date of the request concerned) as he or she may specify.
( b ) The Board shall comply with a request under paragraph (a) .
( c ) The Minister shall, not later than 3 months after the date specified under paragraph (a) in respect of the request concerned —
(i) prepare a report in relation to prevailing rent levels in the rented sector (other than lettings referred to in paragraph (b) of the definition of that term), and
(ii) lay a copy of that report before each House of the Oireachtas ].
C107
Prospective affecting provision: subs. (1)(ba), (bb) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 65, not commenced as of date of revision.
F323 [ ( ba ) to retain deposits transmitted to it in accordance with this Act in one or more designated tenancy deposit accounts and to return the deposits to the parties concerned in accordance with this Act,
( bb ) to retain the interest that accrues on a designated tenancy deposit account and use it to meet the costs of the performance by it of its functions under this Act, ]
C108
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
Model lease.
152.—(1) Guidelines published under section 151(1)(d) may include a precedent for a model lease of a dwelling.
(2) Such a precedent shall—
( a) contain all of the provisions necessary to make the lease of the dwelling concerned an instrument which is consistent with this Act and any other relevant enactments,
( b) be worded, so far as is practicable, in plain language, and
( c) to the extent necessary having regard to the requirements of paragraph (a), contain provisions best calculated to ensure harmonious relations between the parties to the lease as regards their conduct towards one and another in their capacity as such parties.
Chapter 2
Composition of Board
Membership of Board.
153.—(1) The members of the Board shall be such number, not less than 9 and F324 [ not more than 12 ], as the Minister considers appropriate from time to time.
(2) The members of the Board shall be appointed by the Minister as soon as may be after the establishment day and shall be persons who, in the Minister’s opinion, have experience in a field of expertise relevant to the Board’s functions.
(3) Except as provided for by subsection (2), the members of the Board shall be appointed from time to time as occasion requires by the Minister.
(4) The Minister shall, in so far as is practicable, ensure an equitable balance between the numbers of members of the Board who are women and the number of them who are men.
(5) The Minister when appointing a member shall fix such member’s period of membership which shall not exceed 5 years and, subject to this section, membership shall be on such terms as the Minister may determine.
(6) The members of the Board (including the chairperson) may be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.
Annotations
Amendments:
F324
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 66, S.I. No. 119 of 2016.
Supplemental provisions as to membership of Board.
154.—(1) A member of the Board may at any time resign his or her membership by letter addressed to the Minister and the resignation shall take effect from the date specified in the letter or upon receipt of the letter by the Minister, whichever is the later.
(2) A member of the Board may, at any time, be removed from membership of the Board by the Minister if, in the Minister’s opinion, the member has become incapable through ill-health of performing his or her functions, or has committed stated misbehaviour, or his or her removal appears to the Minister to be necessary for the effective performance by the Board of its functions.
(3) A person shall cease to be, and shall be disqualified from being, a member of the Board where he or she—
( a) is adjudicated bankrupt,
( b) makes a composition or arrangement with creditors,
( c) is sentenced by a court of competent jurisdiction to a term of imprisonment, or
( d) is disqualified or restricted from being a director of any company.
(4) If a member of the Board dies, resigns, becomes disqualified or is removed from membership, the Minister may appoint a person to be a member of the Board and fill the casual vacancy so caused.
(5) A member of the Board whose term of membership of the Board expires shall be eligible for re-appointment as a member of the Board.
Chairperson of Board.
155.—(1) The Minister shall appoint a person, from among the members of the Board, as chairperson of the Board.
(2) Where the chairperson of the Board ceases to be a member of the Board he or she shall also thereupon cease to be chairperson of the Board.
(3) The chairperson of the Board may at any time resign his or her office as chairperson of the Board while continuing to serve as a member of the Board and the resignation, unless previously withdrawn, shall take effect at the commencement of the meeting of the Board held after the Board has been informed by the Minister of the resignation.
(4) The chairperson of the Board shall, unless he or she sooner dies or otherwise ceases to be chairperson by virtue of subsection (2), hold office until the expiry of his or her period of membership of the Board and, if re-appointed as a member of the Board, shall be eligible for re-appointment as chairperson of the Board.
Chapter 3
Meetings and committees
Meetings of Board.
156.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions.
(2) The Minister shall fix the date, time and place of the first meeting of the Board and the Board shall fix the date, time and place of subsequent meetings.
(3) The quorum for a meeting of the Board F325 [ shall be 4 ].
(4) At a meeting of the Board the chairperson of the Board shall, if present, chair the meeting and if not present, or if the office of chairperson is vacant, the members of the Board present at the meeting shall choose one of their number to chair the meeting.
(5) At a meeting of the Board each person present, including the chairperson, shall have a vote and any question on which a vote is required so as to establish the Board’s position on a matter shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second and casting vote.
(6) The Board may act notwithstanding one or more vacancies among its members (but this subsection is without prejudice to subsection (3)).
(7) Subject to the provisions of this Act, the Board may regulate its own procedures and business.
Annotations
Amendments:
F325
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 67, S.I. No. 119 of 2016.
Committees of Board.
157.—(1) The Board may establish committees consisting F326 [ , subject to subsections (2A) and (2B) (inserted by section 68 of the Residential Tenancies (Amendment) Act 2015), ] in whole or in part of persons who are members of the Board—
( a) to assist and advise the Board on matters relating to any of its functions or on such matters as the Board may from time to time determine, or
( b) to perform such functions of the Board as may be delegated by it from time to time.
(2) Without prejudice to the generality of subsection (1), the Board shall establish a committee which shall be known and is in this Act referred to as the “Dispute Resolution Committee”.
F326 [ (2A) Subject to subsection (2B) , a member of the Board shall not be eligible for appointment to the Dispute Resolution Committee.
(2B) Notwithstanding subsection (2A) , the member of the Board who is appointed under section 155 as chairperson of the Board, shall be the chairperson, and member, of the Dispute Resolution Committee for the period for which he or she is appointed as chairperson of the Board. ]
(3) The Board, when appointing a member of a committee, shall—
( a) have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee,
( b) have regard to the desirability of such balance between the numbers of each sex on the committee as is appropriate and determined from time to time,
( c) fix the member’s period of membership (which, in the case of a member of the Dispute Resolution Committee, shall not be less than a period of 3 years),
( d) fix the terms of his or her membership.
(4) The members of a committee may be paid by the Board such fees as the Board may determine, subject to the consent of the Minister and the Minister for Finance.
Annotations
Amendments:
F326
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 68, S.I. No. 119 of 2016.
Modifications (not altering text):
C109
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Supplemental provisions as to committees of Board.
158.—(1) In this section “committee” means a committee established under section 157 .
(2) A member of a committee may be removed by the Board at any time for stated reasons.
(3) The acts of a committee and the performance by a committee of functions delegated to it under section 157 shall be subject to confirmation by the Board, unless the Board otherwise determines.
(4) The Board may, subject to this Act, determine the terms of reference and regulate, by standing orders or otherwise, the procedures and business of a committee including the filling of casual vacancies but, subject to any such regulation, a committee may regulate its own procedures.
(5) A committee shall appoint, from time to time, a chairperson from among its members.
(6) The Board may at any time dissolve a committee.
(7) A committee shall provide the Board with such information as the Board may from time to time require, in respect of its activities and operation, for the purposes of the performance of the functions of the Board.
(8) Subsections (4) to (6) do not apply to the Dispute Resolution Committee.
Dispute Resolution Committee.
159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 F327 [ … ] and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .
F328 [ (2) The Dispute Resolution Committee shall consist of not more than 45 members which shall include the chairperson of the Dispute Resolution Committee. ]
(3) A member of the Board shall not be eligible for appointment as a member of the Dispute Resolution Committee F329 [ … ].
F330 [ (3A) When the member of the Board ceases to be the chairperson of the Board he or she shall also cease to be chairperson of the Dispute Resolution Committee. ]
(4) The members of the Dispute Resolution Committee shall be appointed by the Board after consultation with the Minister.
(5) The Board, after consultation with the Minister, shall appoint a member of the Dispute Resolution Committee as chairperson of the Committee; that member must be a person who is also a member of the Board.
(6) The Dispute Resolution Committee shall adopt, subject to the approval of the Board and the Minister, rules and procedures for the conduct of its meetings and the performance of its functions generally.
(7) A member of staff of the Board shall act as secretary to the Dispute Resolution Committee.
Annotations
Amendments:
F327
Deleted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 13, S.I. No. 266 of 2018.
F328
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(a), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
F329
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(b), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
F330
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 69(1)(c), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
Modifications (not altering text):
C110
Prospective affecting provision: subs. (1) amended by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 13, not commenced as of date of revision.
159.—(1) There shall be delegated to the Dispute Resolution Committee by the Board such of the functions of the Board under Part 6 (except those under sections 109 F327 [ … ] and 124) as the Board determines; functions under that Part may not be delegated to any other committee established under section 157 .
C111
Application of subss. (3), (4) and (5) restricted (28.01.2009) by Residential Tenancies (Amendment) Act 2009 (2/2009), s. 2, commenced on enactment.
Validation of appointments to Dispute Resolution Committee and related matters.
2.— (1) Notwithstanding any contravention of subsection (3), (4) or (5) of section 159 of the Principal Act—
( a) every appointment, or purported appointment, to the Dispute Resolution Committee made before the passing of this Act shall be deemed to have been validly made, and
( b) each Tenancy Tribunal constituted, or purporting to have been constituted, under section 102 of the Principal Act before the passing of this Act shall be deemed to have been validly constituted.
(2) Every act done, or purporting to have been done, by the Dispute Resolution Committee or a Tenancy Tribunal before the passing of this Act, that would, but for this subsection, be invalid by reason only of a contravention of subsection (3), (4) or (5) of section 159 of the Principal Act, shall be, and be deemed always to have been, valid and effectual for all purposes.
…
Chapter 4
Management of Board
Director of Board.
160.—(1) There shall be a chief officer of the Board who shall be known and is referred to in this Act as the “Director”.
(2) The Director shall be appointed by the Board in accordance with procedures that have been determined by the Board with the consent of the Minister.
(3) The first appointment by the Board of a person to be the Director shall be made within 3 years from the establishment day.
(4) The Director may, at any time, for stated reasons be removed from office by the Board with the consent of the Minister.
(5) The Director shall carry on, manage and control generally the administration and business of the Board and perform such other functions as may be determined by the Board.
(6) The Director shall hold office for such period and upon and subject to such terms and conditions (including terms and conditions relating to remuneration) as may be determined from time to time by the Minister, after consultation with the Board and with the consent of the Minister for Finance.
Supplemental provisions in relation to Director.
161.—(1) The Director shall perform his or her functions subject to such policies as may be determined from time to time by the Board and shall be answerable to the Board for the efficient and effective management of the Board and for the due performance of his or her functions.
(2) The Director may delegate any of his or her functions to a member of staff of the Board (other than functions that have been delegated to the Director subject to a condition that they are not to be sub-delegated), and the member of staff shall be accountable to the Director for the performance of the functions so delegated.
(3) Notwithstanding subsection (2), the Director shall at all times remain accountable to the Board for the performance of functions delegated by him or her.
(4) The Director may make proposals to the Board on any matter relating to the activities of the Board.
(5) The Director shall not be a member of the Board or of any committee of the Board, but he or she may, in accordance with procedures established by the Board or a committee, as the case may be, attend meetings of the Board or the committee or both and shall be entitled to speak at and advise such meetings.
Mediators and adjudicators.
164.—(1) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “mediators” to carry out the functions assigned to them by the Board in accordance with Part 6.
(2) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “adjudicators” to carry out the functions assigned to them by the Board in accordance with Part 6.
(3) The Board may appoint a person as both a mediator and an adjudicator.
(4) The Board shall form 2 panels, one comprising the names of the persons who stand appointed as mediators and the other comprising the names of the persons who stand appointed as adjudicators.
(5) Mediators and adjudicators shall each be appointed for such period (not being less than 3 years) as the Board may determine and shall be paid such fees and expenses as the Board, with the consent of the Minister and of the Minister for Finance, may determine from time to time; the other terms and conditions on which each of them shall stand appointed shall be such as the Board may determine from time to time.
(6) Those other terms and conditions shall, in relation to adjudicators, include such terms and conditions as are likely, in the opinion of the Board, to secure the independence and impartiality of the adjudicators.
(7) A mediator or adjudicator may at any time resign from his or her appointment as mediator or adjudicator.
(8) Neither the Civil Service Commissioners Act 1956 (or any enactment that replaces in whole or in part that Act) nor the Civil Service Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.
Annotations
Modifications (not altering text):
F331 [
Authorised officers and decision makers
164A. (1) For the purposes of Part 7A the Board shall appoint, as it thinks fit —
( a ) a person to be an authorised officer, and
( b ) a person to be a decision maker.
(2) A person appointed under subsection (1)(a) may be a member of staff of the Board.
(3) A person shall not at the same time stand appointed as both an authorised officer and a decision maker.
(4) The Board shall form 2 panels, one comprising the names of persons who stand appointed as authorised officers and one comprising the names of persons who stand appointed as decision makers.
(5) Other than an appointment of a person referred to in subsection (2) , an appointment under subsection (1 ) shall be for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Board, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, may determine.
(6) Each authorised officer or decision maker shall be given a warrant of appointment by the Board and when exercising a power conferred on him or her under Part 7A shall, if requested by a person affected by the exercise of the power, produce the warrant or a copy of it together with a form of personal identification.
(7) An authorised officer or decision maker may at any time resign from his or her appointment as an authorised officer or decision maker.
(8) An appointment under this section as an authorised officer or decision maker shall cease —
( a ) if the Board revokes the appointment,
( b ) if the appointment is for a fixed period, on the expiry of that period, or
( c ) if the authorised officer or decision maker resigns. ]
Annotations
Amendments:
F331
Inserted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 28, S.I. No. 236 of 2019.
Editorial Notes:
E110
The section heading is taken from the amending section in the absence of one included in the amendment.
Removal of an adjudicator from the panel.
165.—(1) The Board may, in accordance with this section, remove an adjudicator from the panel formed under section 164(4) (“the panel”).
(2) If it appears to the Board that an adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, it may apply to the District Court for an order under subsection (3) authorising the removal of the adjudicator from the panel.
(3) On the hearing of an application under this section and having considered the evidence adduced by the Board in the matter and any evidence adduced by or on behalf of the adjudicator, the District Court shall, if it finds that the adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, make an order authorising the Board to remove the adjudicator from the panel.
(4) On the making of such an order (or, if the order is appealed to the Circuit Court and the Circuit Court confirms the order, on the order being so confirmed), the Board shall remove the adjudicator from the panel.
(5) Save where the period of his or her appointment has expired or a failure (not amounting to misconduct) by him or her to comply with the terms and conditions upon which he or she was appointed occurs, an adjudicator shall not be removed from the panel otherwise than in accordance with this section or with his or her consent.
(6) In this section “misconduct” means any conduct likely to bring the procedures for determinations by adjudicators under Part 6 into disrepute and includes—
( a) any demonstration by an adjudicator of bias towards the interests of a party before him or her,
( b) gross discourtesy by an adjudicator to one or more of the parties before him or her, and
( c) wilful failure by an adjudicator to attend to his or her duties as an adjudicator.
Consultants and advisers.
166.—(1) Subject to such conditions (if any) as may for the time being stand specified by the Minister for the purposes of this section, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.
(2) Any person who wishes to be engaged by the Board as a consultant or adviser pursuant to this section may notify the Board in writing of this fact and any notification for that purpose shall include particulars of the person’s qualifications and experience.
(3) The Board shall maintain a list of the persons who notify the Board pursuant to subsection (2).
(4) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on that list.
(5) The Board shall include in its annual report under section 180 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.
Provision of services to Board.
167.—(1) For the purposes of enabling the Board to perform its functions as and from the establishment day, the Minister may, for such period as he or she thinks appropriate, supply to the Board any services, including services of staff, required by the Board and the Board may avail itself of such services for which arrangements are made under this section.
(2) The supply of services of staff under subsection (1) may include the supply of services of a person to perform the functions of the Director under this Part and Part 6.
(3) For so long as the services of a person are provided for the purpose mentioned in subsection (2)—
( a) the functions mentioned in that subsection shall be performable by that person, and
( b) sections 160(6) and 161 shall apply to that person.
Fees.
176.—(1) The Board may charge, receive and recover such fees as the Board may from time to time determine, subject to the consent of the Minister, in relation to the performance by the Board of its functions, the provision by it of services (other than a service consisting of the provision of information or advice to the Minister) and the carrying on by it of activities.
(2) Subsection (1) does not apply in respect of any fee provision for the charging for, or payment of, which is made by any other provision of this Act.
(3) Without prejudice to the generality of subsection (1), the Board may charge fees in respect of all or any of the following:
( a) access to records of determination orders made under section 121 ,
( b) provision of a F333 [ … ] certified copy of a determination order made under section 121 ,
F334 [ ( ba ) the making of an application under section 134 which is not made in electronic form, ]
( c) copies of publications produced by the Board,
( d) the provision of details of an aggregated nature under section 131 .
(4) The Board may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under this or any other provision of this Act.
(5) Fees received by the Board under this Act shall be paid into or disposed of for the benefit of the Exchequer in such manner as the F335 [ Minister for Public Expenditure and Reform ] may direct.
(6) The Public Offices Fees Act 1879 shall not apply to any fees payable under this Act.
Annotations
Amendments:
F333
Deleted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 14, S.I. No. 266 of 2018.
F334
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 21, S.I. No. 151 of 2016.
F335
Substituted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 32, S.I. No. 236 of 2019.
F337 [ Designated tenancy deposit account
177A. … ]
Annotations
Amendments:
F337
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 71, not commenced as of date of revision.
Modifications (not altering text):
C116
Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 71, not commenced as of date of revision.
F337 [ 177A. (1) The Board shall cause to be maintained one or more bank accounts for the purpose of holding deposits transmitted to it in accordance with this Act (in this Act referred to as a ‘ designated tenancy deposit account ’ ) for the purpose of the performance by it of its functions under paragraph (ba) of section 151(1) .
(2) The Board shall cause to be retained in a designated tenancy deposit account all of the following:
( a ) a deposit transmitted to it in accordance with this Act;
( b ) interest that accrues on such designated tenancy deposit account until the interest is withdrawn in accordance with section 177B .
(3) The Board shall cause a deposit transmitted to it under section 134(3A) to be lodged into a designated tenancy deposit account as soon as practicable following such transmission.
(4) The Board shall not cause to be withdrawn any sum from a designated tenancy deposit account unless the withdrawal —
( a ) is for the purpose of returning a specified deposit to one or both parties in accordance with this Act, or
( b ) is made in respect of withdrawing interest under section 177B .
(5) Without prejudice to section 177 , the Board shall cause records of all deposits transmitted to it and lodged in a designated tenancy deposit account to be maintained and shall cause such records to be maintained in a manner that permits a deposit held in a designated tenancy deposit account to be, at all times, attributable to the landlord who transmitted it to the Board and the tenancy to which, and tenant to whom, it relates.
(6) For the avoidance of doubt —
( a ) references in section 177(1) to income and expenditure shall include the income and expenditure arising from the performance by the Board of its functions under paragraphs (ba) and (bb) of section 151(1) , and
( b ) references in section 178(1) to books or other records of account shall include books or other records of account relating to designated tenancy deposit accounts and accounts referred to in section 177(3A)(c) . ]
Editorial Notes:
E111
The section heading is taken from the amending section in the absence of one included in the amendment.
F338 [ Withdrawal by Board of interest from designated tenancy deposit account
177B. … ]
Annotations
Amendments:
F338
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 71, not commenced as of date of revision.
Modifications (not altering text):
C117
Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 71, not commenced as of date of revision.
F338 [ 177B. (1) The Board shall, for the purposes of the withdrawal of moneys representing the interest which has accrued on a designated tenancy deposit account, direct the manner in which, and the times at which, interest that has accrued on a designated tenancy deposit account is to be withdrawn from that account and placed in a bank account referred to in subsection (2) .
(2) The Board shall cause to be maintained one or more bank accounts for the purpose of holding interest that is withdrawn from a designated tenancy deposit account for the purpose of the performance by it of its functions under section 151(1)(bb) .
(3) For the purposes of the performance of its functions under section 151(1)(bb) , the Board may, subject to section 177A(4) , withdraw the moneys, representing the interest which has accrued on a designated tenancy deposit account, from a designated tenancy deposit account. ]
Further provisions with respect to accounts (including their audit).
178.—(1) The Board, the Director and any relevant member of the staff of the Board shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Board in respect of any financial year or other period and shall facilitate any such examination, and the Board shall pay such fee therefor as may be fixed by the Minister.
(2) In subsection (1)“relevant member of the staff of the Board” means a member of the staff of the Board to whom there has been duly assigned functions relating to the books or other records of account referred to in that subsection.
(3) The accounts of the Board for each financial year shall be prepared in such a form and manner as may be specified by the Minister and be prepared by the Director and approved by the Board as soon as practicable but not later than three months after the end of the financial year to which they relate for submission, as soon as practicable, to the Comptroller and Auditor General for audit.
(4) A copy of such of the accounts referred to in subsection (3) as the Minister directs and the report of the Comptroller and Auditor General thereon shall be presented to the members of the Board and to the Minister, as soon as practicable after the audit of them is completed, and the Minister shall cause a copy of those documents to be laid before each House of the Oireachtas.
Accountability of Director to Oireachtas Committees.
179.—(1) The Director shall, whenever he or she is so required by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—
( a) the regularity and propriety of the transactions recorded or required to be recorded in any account subject to audit by the Comptroller and Auditor General which the Director or the Board is required by or under statute to prepare,
( b) the economy and efficiency of the Board in the use of its resources,
( c) the systems, procedures and practices employed by the Board for the purpose of evaluating the effectiveness of its operations, and
( d) any matter affecting the Board referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.
(2) The Director shall, at the request in writing of any other Oireachtas Committee, attend before it and give evidence to it on any matter related to the functions of the Board.
(3) In subsection (2), “other Oireachtas Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the committee referred to in subsection (1)) or a subcommittee of such a committee.
Reports and information to Minister.
180.—(1) The Board shall, not later than 30 June in each year subsequent to the year in which the establishment day falls, make a report to the Minister (in this section referred to as the “annual report”) in such form as the Minister any approve, on the performance of its functions and activities during the preceding year and the Minister shall cause copies of each annual report to be laid before each House of the Oireachtas.
(2) Each annual report shall include information in such form and regarding such matters as the Minister may direct.
(3) The Board may, from time to time, make such other reports to the Minister relating to its functions as it thinks fit and shall, whenever so requested by the Minister, supply to the Minister such information, in addition to that provided in its annual report, regarding the performance of its functions as the Minister may from time to time require.
(4) The Board may publish such other reports on matters related to its activities and functions as it may from time to time consider relevant and appropriate.
Annotations
Amendments:
F339
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 72, not commenced as of date of revision.
Modifications (not altering text):
C118
Prospective affecting provision: subs. (5) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 72, not commenced as of date of revision.
F339 [ (5) Without prejudice to subsections (2) to (4) , each annual report shall include information regarding the holding and return of deposits by the Board and any other information as the Minister may direct. ]
F340 [ Reports to Minister concerning determination of complaints under section 76A
180A. … ]
Annotations
Amendments:
F340
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 73, not commenced as of date of revision.
Modifications (not altering text):
C119
Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 73, not commenced as of date of revision.
F340 [ 180A. (1) Without prejudice to section 180 , the Board shall, not later than 6 months after the coming into operation of section 76A , make a report to the Minister in such form as the Minister may approve, on the performance of its functions under that subsection and in respect of the determination of complaints under section 76A and appeals against determinations of those complaints.
(2) The Board shall, not later than 6 months after the day on which the report under subsection (1) was made, make a further report to the Minister in respect of the same matters provided for in that subsection.
(3) Following the making of the report referred to in subsection (2) , the Board shall include in its annual report under section 180 the matters provided for in subsection (1) . ]
Editorial Notes:
E112
The section heading is taken from the amending section in the absence of one included in the amendment.
Reports to Board.
181.—(1) The Board may, on its request, be furnished with reports on any matter which, in the Board’s opinion, concerns the F341 [ … ] rented sector by the appropriate Minister of the Government or local authority who or which has responsibility for the area to which the matter pertains.
(2) The Board may make a report furnished to the Board under this section available to the Minister.
(3) In this section “ F342 [ rented sector ]” has the same meaning as it has in section 151 .
Annotations
Amendments:
F341
Deleted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(e)(i), S.I. No. 151 of 2016.
F342
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 13(4)(e)(ii), S.I. No. 151 of 2016.
PART 9
Miscellaneous
Limitation on certain disputes being the subject of court proceedings.
182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—
( a) damages of an amount of more than €20,000,
( b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115(3)(b) or (c)(ii).
(2) In this section “dispute” has the same meaning as it has in Part 6.
Guidelines to Board.
183.—(1) The Minister may, from time to time, issue to the Board such guidelines in relation to the performance of its functions under this Act (other than functions under Part 6) as he or she considers appropriate and the Board shall have regard to such guidelines in the performance of those functions.
(2) The Minister may amend or revoke guidelines issued under this section.
Voidance of provisions designed to facilitate terminations.
184.—(1) A provision of a lease or tenancy agreement in relation to a dwelling that imposes an obligation on a party (the “first party”) to do or refrain from doing any thing is void if, from all the circumstances (including any of the matters specified in subsection (3)), it is a reasonable inference that the sole or main purpose for the provision being included is that mentioned in subsection (2).
(2) That purpose is to allow the other party (the “second party”) to serve a notice of termination in respect of the tenancy concerned (for a failure to comply with the provision) for any reason that suits the interests of that party at the particular time rather than because the failure to comply has occurred.
(3) The matters mentioned in subsection (1) are—
( a) the provision concerned cannot, in its ordinary operation, be reasonably regarded as conferring any practical benefit on the second party or in respect of his or her interest in the dwelling,
( b) compliance with the provision concerned by the first party is likely to be impracticable,
( c) the terms in which the provision concerned is framed are such that the situations in which the provision must be complied with and those in which it need not be complied with are arbitrary.
(4) Any tenancy or sub-tenancy of a dwelling (the “first-mentioned tenancy”) purported to be created is void if, from all the circumstances, it is a reasonable inference that it is a transaction not of a bona fide nature effected at arm’s length but effected solely or mainly for the purpose of facilitating the termination (through collusion between some or all of the parties to that transaction) of any sub-tenancy created out of the first-mentioned tenancy.
(5) If the first-mentioned tenancy in subsection (4) is void by reason of that subsection any sub-tenancy created out of it that is not so void shall be deemed to be a tenancy held by the person in whose favour the sub-tenancy was granted from the person who purported to create the first-mentioned tenancy (but of no greater term than the term of the sub-tenancy).
Obligation to inform prospective sub-tenant of nature of tenancy.
185.—(1) A tenant of a dwelling who proposes to create in favour of any person a sub-tenancy out of the tenancy shall, before he or she—
( a) creates the sub-tenancy, or
( b) if its creation is preceded by the entering into of an agreement to create (whether the word “create” or any other word is used) such a tenancy, enters into that agreement,
inform the person of the fact that it is a sub-tenancy that will be created in the person’s favour.
(2) A person who fails to comply with subsection (1) is guilty of an offence.
(3) If, in respect of the entering into of an agreement referred to in paragraph (b) of subsection (1), a failure to comply with that subsection occurs, the agreement shall not be enforceable by the tenant referred to in that subsection.
Jurisdiction in aid of Part 6 resolution procedure.
189.—(1) In this section “dispute” means a dispute falling within the jurisdiction of the Board under Part 6.
(2) The following provisions have effect if the circumstances giving rise to or involving the dispute are such that, were proceedings in the Circuit Court to be brought in relation to the dispute, it would be appropriate to apply to that court for interim or interlocutory relief in the matter.
(3) On being requested by the person (the “referrer”) who has referred or is referring a dispute to it to do so, the Board may apply, on the referrer’s behalf, to the Circuit Court for such interim or interlocutory relief in the matter as the Board considers appropriate.
(4) In deciding whether to accede to such a request the Board may have regard to—
( a) the merits, as they appear to it, of the referrer’s contentions that will be dealt with by an adjudicator or the Tribunal,
( b) the amount of damages the Board is likely to have to pay to the respondent to the application (on foot of an undertaking required of it by the court to pay such damages) in the event such damages have to be paid, but the Board’s opinion—
(i) that those contentions of the referrer are unlikely to be accepted by an adjudicator or the Tribunal, or
(ii) that the amount of those damages is likely to be substantial,
shall, in neither case, and without prejudice to subsection (5) be conclusive in favour of the Board’s refusing to accede to the request if, in all the circumstances, the Board considers that it ought to accede to it.
(5) The fact of the Board’s being of the opinion referred to in subsection (4)(ii) shall not be taken into account by it in deciding whether to accede to a request under subsection (3) if the referrer undertakes to defray in whole the amount of damages the Board may become liable to pay in the circumstances mentioned in subsection (4) and the Board is satisfied the referrer has the means to be able to comply with that undertaking.
(6) On application to the Circuit Court by the Board under this section, the Circuit Court may grant such interim or interlocutory relief in the matter as it thinks appropriate.
Section 189 : supplemental provisions.
190.—(1) For the purpose of section 189 there is, by virtue of this section, vested in the Circuit Court, with the modifications specified in subsection (2), the jurisdiction vested in that court with respect to the grant, variation and discharge of interim or interlocutory relief in proceedings brought in that court in respect of any matter.
(2) The modifications mentioned in subsection (1) are that the rules of law (including those of equity) and enactments relating to the foregoing jurisdiction shall be construed and operate so as to enable the Circuit Court to—
( a) provide that any interlocutory relief granted by it, on foot of an application under section 189 , may have effect until the final determination of the dispute concerned under Part 6,
( b) F343 [ … ]
(3) Costs the subject of such an award may be taxed in the same manner as costs the subject of an award made by the Circuit Court.
Annotations
Amendments:
Non-application of certain enactments.
193.—None of the following enactments applies to a dwelling to which this Act applies—
( a) section 42 of the Landlord and Tenant Law Amendment Act Ireland 1860,
( b) section 14 of the Conveyancing Act 1881,
( c) sections 2, 3 and 4 of the Conveyancing and Law of Property Act 1892,
( d) sections 66, 67 and 68 of the Landlord and Tenant (Amendment) Act 1980, and
( e) section 16 of the Housing (Miscellaneous Provisions) Act 1992.
Deemed termination of tenancy to which Part 4 does not apply.
194.— Subsections (1) to (4) of section 37 apply to a tenancy of a dwelling in so far as its operation is not affected by Part 4 or to which that Part does not apply as those subsections apply to a Part 4 tenancy.
Proposed overholding under a fixed term tenancy.
195.—(1) In this section “relevant dwelling” means a dwelling, the subject of a tenancy that is for a fixed period of at least 6 months.
(2) The tenant of a relevant dwelling, if he or she intends to remain (on whatever basis, if any, that is open to him or her to do so) in occupation of the dwelling after the expiry of the period of the tenancy concerned, shall notify the landlord of that intention.
(3) That notification shall not be made to the landlord—
( a) any later than 1 month before, nor
( b) any sooner than 3 months before,
the expiry of the period of that tenancy.
(4) If a tenant fails to comply with subsection (2) and the landlord suffers loss or damage in consequence of that failure the landlord may make a complaint to the Board under Part 6 that he or she has suffered such loss or damage.
(5) An adjudicator or the Tribunal, on the hearing of such a complaint, may make a determination, if the adjudicator or the Tribunal considers it proper to do so, that the tenant shall pay to the complainant an amount by way of damages for that loss or damage.
Equal Status Act 2000 not prejudiced.
196.—Nothing in this Act—
( a) authorises conduct prohibited by section 6 of the Equal Status Act 2000, or
( b) operates to prejudice the powers under Part III of that Act to award redress in the case of such conduct.
Section 148R
Improper conduct
in relation to a landlord means —
( a ) the commission by the landlord of a contravention of F346 [ subsection (4) or (5B) of section 19 ] , subsection (1) of section 134 or subsection (1) of section 139 ,
( b ) the seeking by the landlord to rely on subsection (5) of section 19 in respect of a dwelling that does not comply with the requirements of that subsection,
F347 [ ( ba ) the seeking by the landlord of a payment to him or her of an amount or amounts in contravention of section 19B . ]
( c ) the citing by a landlord in a notice of termination of a reason for the termination of the tenancy concerned that is, and that he or she knows to be, false or misleading in a material respect,
( d ) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 3 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in paragraph (aa) of subsection (8) of section 35 in circumstances where the conditions referred to in the said paragraph (aa) are satisfied,
( e ) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 4 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied,
( f ) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 5 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied, or
( g ) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 6 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied. ]
S.I. No. 152/2022 –
Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022
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) Regulations 2022.
2. These Regulations come into operation on 4 April 2022.
3. The form set out in Part 1 of the Schedule to these Regulations is the form prescribed for the purposes of an application under section 134 of the Residential Tenancies Act 2004 .
4. The Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 ( S.I. No. 217 of 2016 ) are amended by substituting:
(a) the following for Regulation 4:
“(4) the letters and the statement set out in Schedule 2 to these Regulations are prescribed for the purposes of section 135(4) of the Residential Tenancies Act 2004 (No. 27 of 2004)”;
(b) for Schedule 2 Part 2 of the Schedule to these Regulations.
5. The form set out in Part 3 of the Schedule to these Regulations is prescribed for the purposes of section 139 of the Residential Tenancies Act 2004 .
6. The Residential Tenancies Act 2004 (Prescribed Form) Regulations 2016 ( S.I. No. 150 of 2016 ) are revoked.
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GIVEN under my Official Seal,
31 March, 2022.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
Schedule
Regulation 3
Part 1
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Regulation 4
Part 2
Schedule 2
Regulation 4
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Regulation 5
Part 3
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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 Part 1 to the Schedule, the application form to be furnished to the Residential Tenancies Board (RTB) by a landlord or by his or her authorised agent for the purposes of section 134 of the Residential Tenancies Act 2004 (No. 27 of 2004), as amended, when registering a tenancy of a dwelling (or a licence in student specific accommodation);
-in Part 2 to the Schedule, the letters and statement to be sent by the RTB to the landlord and the tenant upon the registration of a tenancy (or a licence in student specific accommodation) for the purposes of section 135(4) of the Residential Tenancies Act 2004 (No. 27 of 2004));
-in Part 3 to the Schedule, the information to be furnished by a landlord to the RTB for the purposes of section 139 of the Residential Tenancies Act 2004 (No. 27 of 2004) where a landlord is updating the register regarding the tenancy of a dwelling (or a licence in student specific accommodation).
S.I. No. 341/2022 –
Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2022
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 2022.
2. These Regulations come into operation on 7th July 2022.
3. The Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022 ( S.I. No. 152 of 2022 ) are amended by substituting for Part 1 of the Schedule Part 1 of the Schedule to these Regulations.
4. The Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2016 ( S.I. No. 217 of 2016 ) are amended by substituting for Schedule 2 Part 2 of the Schedule to these Regulations.
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GIVEN under my Official Seal,
7 July, 2022.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
Schedule
Regulation 3
Part 1
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Regulation 4
Part 2
Schedule 2
Regulation 4
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| EXPLANATORY NOTE |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations prescribe:
-in Part 1 to the Schedule, the application form to be furnished to the Residential Tenancies Board (RTB) by a landlord or by his or her authorised agent for the purposes of section 134 of the Residential Tenancies Act 2004 (No. 27 of 2004), as amended, when registering a tenancy of a dwelling (or a licence in student specific accommodation);
-in Part 2 to the Schedule, the letters and statement to be sent by the RTB to the landlord and the tenant upon the registration of a tenancy (or a licence in student specific accommodation) for the purposes of section 135 (4) of the Residential Tenancies Act 2004 (No. 27 of 2004)).