Security of Tenure
Residential Tenancies Act 2004
PART 4
Security of Tenure
Annotations:
Modifications (not altering text):
C31
Propsective affecting provision: application of Part modified as respects existing tenancies (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(2)-(4), commenced as per subs. (5).
Provision for tenancies of unlimited duration
5. …
(2) Subject to subsections (3) and (4), Part 4 of the Principal Act shall have effect in relation to tenancies of dwellings created, or that came into being, before the commencement of this section as if this section and section 6 had not been enacted.
(3) ( a) A landlord under a tenancy of a dwelling—
(i) created, or that came into being, under the Principal Act before the commencement of this section, and
(ii) in existence on such commencement,
may, by notice, in writing and in such form as shall be specified by the Board, inform the tenant under the tenancy that the landlord consents to the tenancy continuing in existence for a period of unlimited duration and, upon receipt by the tenant of such notice, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date of the notice, and accordingly Part 4 of the Principal Act as amended by paragraphs (b) and (c) of subsection (1) and section 6 shall have effect in relation to that tenancy.
( b) A form specified in accordance with paragraph (a) shall include an explanation of the effect of the giving of a consent under that paragraph in relation to a tenancy of a dwelling.
(4) Where a Part 4 tenancy or further Part 4 tenancy of a dwelling—
( a) was created, or came into being, before the commencement of this section, and
( b) expires on or after such commencement,
then, upon its so expiring and unless a valid notice of termination in respect of the tenancy was served under paragraph (a) or (b) of section 34 or section 36 of the Principal Act before its so expiring, a new tenancy of that dwelling shall stand created and that new tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration.
…
C32
Application of Part restricted (24.10.2020) by Residential Tenancies Act 2020 (17/2020), ss. 3(3), 4(2), commenced on enactment.
Notices of termination under Act of 2004
3. (1) Where a notice of termination served before or during an emergency period specifies a termination date that falls during or after the emergency period, the termination date shall be deemed to be the revised termination date.
(2) Subsection (1) shall not apply to a notice of termination served by a landlord that cites as a reason for the termination concerned failure by the tenant to comply with one or more than one of his or her obligations under paragraph (h), (i) or (m) of section 16 or behaviour of the tenant that falls within subparagraph (2)(a)(ii) of section 67 of the Act of 2004.
(3) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
…
Entitlement to remain in occupation of dwelling during emergency period
4. (1) A tenant—
( a) upon whom a notice of termination was served in accordance with the Act of 2004 before the commencement of the emergency period, and
( b) who has remained in occupation of the dwelling to which the notice relates from the expiration of the required period of notice (whether or not with the consent of the landlord concerned) until the date of the commencement of the emergency period,
shall be entitled to remain in occupation of the dwelling until the date that is 10 days after the expiration of the emergency period subject to terms and conditions that shall be the same as the terms and conditions that applied in respect of the tenancy of the dwelling concerned immediately before the service of that notice.
(2) A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.
Chapter 1
Preliminary
Non-application of Part.
25.—(1) This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.
(2) Those conditions are—
( a) the dwelling concerned is one of 2 dwellings within a building,
( b) that building, as originally constructed, comprised a single dwelling, and
( c) the landlord resides in the other dwelling.
(3) A landlord’s opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.
(4) This Part does not apply to a tenancy of a dwelling—
( a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999) of the Taxes Consolidation Act 1997, or
( b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.
F83 [ (5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where —
( a ) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and
( b ) the consent of the public authority which —
(i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4) , a party to the lease or contract referred to in section 3(2A) , or
(ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4) , the assistance referred to in that paragraph,
has, in respect of the designation referred to in paragraph (a) , been obtained by the approved housing body before it makes the designation.
(6) In subsection (5) ‘ transitional dwelling ’ means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.
(7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5) , made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned —
( a ) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and
( b ) shall notify the Minister of that designation not later than 3 months after it is made. ]
Annotations
Amendments:
F83
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 9, S.I. No. 151 of 2016.
Modifications (not altering text):
C33
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.
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.
Greater security of tenure not affected.
26.—Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.
Chapter 2
Statement of essential protection enjoyed by tenants
Periods of occupancy before relevant date to be disregarded.
27.—In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date F84 [ 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(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ].
Annotations
Amendments:
F84
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4(4), S.I. No. 151 of 2016.
Statutory protection —“ Part 4 tenancy”— after 6 months occupation.
28.—(1) Where a person has, under a tenancy, been in occupation of a dwelling for a continuous period of 6 months then, if the condition specified in subsection (3) is satisfied, the following protection applies for the benefit of that person.
28.—F85[(1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.]
(2) That protection is that, subject to Chapter 3, the tenancy mentioned in subsection (1) shall (if it would not or might not do so otherwise) continue in being—
( a) unless paragraph (b) applies, for the period of F85 [ 6 years ] from—
(i) the commencement of the tenancy, or
(ii) the relevant date,
whichever is the later,
or
( b) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F85 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.
(3) The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.
(4) Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.
Annotations
Amendments:
F85
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(1), in effect as per s. 1(3)(b) and subs. (3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F86
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
F87
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C34
Prospective affecting provision: subss. (1) substituted and (2) deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(a), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
28.— F86 [ (1) Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3 , continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires. ]
(2) F87 [ … ]
“ Part 4 tenancy”— meaning of that expression.
29.—A tenancy continued in being by section 28 shall be known, and is in this Act referred to, as a “ Part 4 tenancy”.
Annotations:
Amendments:
F88
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(b), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
Modifications (not altering text):
C35
Prospective affecting provision: section substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(b), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
F88 [ 29. For the purposes of this Act, each of the following is a Part 4 tenancy:
( a ) a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28 ;
( b ) a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021;
( c ) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021. ]
Terms of Part 4 tenancy.
30.—(1) Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall be those of the tenancy mentioned in section 28 of which it is a continuation.
(2) At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.
(3) Neither—
( a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor
( b) any term purported to be provided for by a variation under subsection (2),
shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
Annotations:
Amendments:
F89
Substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(c), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
Modifications (not altering text):
C36
Prospective affecting provision: subs. (1) substituted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 6(1)(c), commenced as per subs. (2) and s. 5(5), subject to transitional provisions for existing tenancies in s. 5(2)-(4).
30.— F89 [ (1) Subject to subsections (2) and (3) , the terms of a Part 4 tenancy shall—
( a ) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28 , be those of the tenancy of which it is a continuation,
( b ) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and
( c ) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy. ]
Sections 28 and 30:
special cases.
31.—(1) The reference in section 28(1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.
(2) Where the continuous occupation referred to in section 28(1) has been under a series of 2 or more tenancies—
( a) in section 28(2) , “the tenancy mentioned in subsection (1)” means the last of those tenancies,
( b) in section 28(2)(a)(i) , “the commencement of the tenancy” means the commencement of the first of those tenancies, and
( c) in section 28(3) , “the tenancy” means the last of those tenancies,
and section 30 shall be construed accordingly.
Further special case
sub-letting of Part 4 tenancy
32.—(1) F1 [ Schedule 1 ] to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.
(2) The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.
(3) Any such sub-tenancy purported to be created is void.
………
Chapter 4
Additional statutory right — further Part 4 tenancy
Interpretation ( Chapter 4).
40.—(1) In section 41 “ F115 [ 6 year period ]” means, in relation to the Part 4 tenancy concerned, the period mentioned in section 28(2)(a) .
(2) F116 [ A reference in section 41(4) to section 34 or Chapter 3 is a reference ] to that section or Chapter as applied by section 47 .
Annotations
Amendments:
F115
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 2, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F116
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 1, S.I. No. 7 of 2017.
F117
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C39
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
40.— F117 [ … ]
Further Part 4 tenancy on expiry of 6 year period .
41.—(1) If a Part 4 tenancy continues to the expiry of the F118 [ 6 year period ] without a notice of termination under section 34 or 36 having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.
(2) Such a tenancy is referred to in this Act as a “further Part 4 tenancy”.
(3) The commencement date of a further Part 4 tenancy is the expiry of the F118 [ 6 year period ].
(4) A further Part 4 tenancy shall, subject to Chapter 3, continue in being—
( a) unless paragraph F119 [ … ] (c) applies, for the period of F118 [ 6 years ] from its commencement,
( b) F119 [ … ]
( c) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F118 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.
Annotations
Amendments:
F118
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 items 3-5, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F119
Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (16/2017), s. 41(4) and sch. part 2 ref. nos. 2, 3, S.I. No. 7 of 2017.
F120
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C40
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
41.— F120 [ … ]
Termination of additional rights.
42.— F121 [ … ]
Annotations
Amendments:
F121
Repealed (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(1), S.I. No. 7 of 2017, subject to transitional provisions in subss. (2), (3).
Editorial Notes:
E83
Previous affecting provision: application of Part restricted (19.07.2021) by Affordable Housing Act 2021 (25/2021), s. 34, S.I. No. 424 of 2021; section repealed as per F-note above.
Chapter 5
Successive further Part 4 tenancies may arise
Purposes of Chapter.
43.—This Chapter has effect for the purpose of ensuring that the additional rights provided by Chapter 4 are regarded as being of a rolling nature, that is to say, that (unless the landlord uses the means under this Part to stop the following happening)—
( a) on the expiry of a further Part 4 tenancy, after it has been in existence for F122 [ 6 years ], another such tenancy comes into being, and
( b) on the expiry of that tenancy, after it has been in existence for F122 [ 6 years ], a further such tenancy comes into being,
and so on.
Annotations
Amendments:
F122
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. no. 6, commenced as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F123
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C41
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
43.— F123 [ … ]
Construction of certain references.
44.—A reference in section 45 to F124 [ section 34 or Chapter 3 ] is a reference to that section or Chapter as applied by section 47 .
Annotations
Amendments:
F124
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. no. 4, S.I. No. 7 of 2017.
F125
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C42
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
44.— F125 [ … ]
Further Part 4 tenancy to arise on expiry of previous tenancy.
45.—(1) If a further Part 4 tenancy continues to the expiry of F126 [ 6 years ] from its commencement without a notice of termination under section 34(b) having been served in respect of it before that expiry, then a new tenancy shall, by virtue of this section, come into being between the landlord and the tenant on that expiry.
(2) Such a tenancy is also referred to in this Part as a “further Part 4 tenancy”.
(3) The commencement date of a further Part 4 tenancy under this section is the expiry of the further Part 4 tenancy that preceded it.
(4) A further Part 4 tenancy under this section shall, subject to Chapter 3, continue in being—
( a) unless paragraph F127 [ … ] (c) applies, for the period of F126 [ 6 years ] from its commencement,
( b) F127 [ … ]
( c) if a notice of termination under section 34(b) is served in respect of the tenancy giving a period of notice that expires after the period of F126 [ 6 years ] mentioned in paragraph (a), until the expiry of that period of notice.
Annotations
Amendments:
F126
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 7, 8, commenced as per subs. (1)(3)(b) and s. 37(3) which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F127
Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 5, 6, S.I. No. 7 of 2017.
F128
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C43
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
45.— F128 [ … ]
Terms of a further Part 4 tenancy.
46.—(1) The terms of a further Part 4 tenancy shall be those of the preceding Part 4 tenancy or, as the case may be, the preceding further Part 4 tenancy.
(2) At any time during the period of a further Part 4 tenancy, the parties may, by agreement, vary its terms.
(3) No term purported to be provided for by a variation under subsection (2) shall be a term of a further Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
Annotations:
Amendments:
F129
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C44
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
46.— F129 [ … ]
Application of Chapter 3 and section 42 to every further Part 4 tenancy.
47.—(1) Chapter 3 applies to every further Part 4 tenancy as it applies to a Part 4 tenancy.
(2) For that purpose, references in that Chapter to a Part 4 tenancy shall be read as references to a further Part 4 tenancy.
(3) For that purpose the following modifications of section 33 and 34 (in Chapter 3) also apply.
(4) F130 [ … ]
(5) In paragraph (b) of section 34 “ F131 [ 6 years ] from the commencement of the tenancy” shall be substituted, in subparagraph (ii), for “ F131 [ 6 years ] mentioned in section 28(2)(a) in relation to the tenancy”, and that paragraph (b), as it is to be read and have effect for the purposes of this section, is set out in paragraph 2 of the Table to this section.
(6) F130 [ … ]
TABLE
| 1. A further Part 4 tenancy may not be terminated by the landlord save in accordance with section 34 F130 [ … ].
2. ( b) irrespective of whether any of those grounds exist, if— (i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, and (ii) that period of notice expires on or after the end of the period of F131 [ 6 years ] from the commencement of the tenancy. |
Annotations
Amendments:
F130
Deleted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 41(4) and sch. part 2 ref. nos. 7-9, S.I. No. 7 of 2017.
F131
Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 37(2) and sch. part 1 ref. nos. 9, 10, in effect as per s. 1(3)(b) and s. 37(3), which provides “(3) This section applies to all tenancies created after the coming into operation of this section.”
F132
Deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
Modifications (not altering text):
C45
Prospective affecting provision: section deleted (11.06.2022) by Residential Tenancies (Amendment) Act 2021 (39/2021), s. 5(1)(c), commenced as per subs. (5), subject to transitional provisions for existing tenancies in subss. (2)-(4).
47.— F132 [ … ]
Chapter 6
Rules governing operation of Part in cases of multiple occupants
Interpretation ( Chapter 6).
48.—(1) In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.
(2) References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.
(3) References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.
General principle in relation to dwellings occupied by more than one person.
49.—(1) Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—
( a) multiple tenants,
( b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.
(2) In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—
( a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and
( b) the condition specified in section 28(3) is satisfied.
Entitlement of multiple occupant to benefit from Part 4 tenancy.
50.—(1) Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.
(2) A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence.
(3) Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence.
(4) The reference in subsection (3) to a landlord’s accepting a person as a tenant is a reference to his or her accepting a person as a tenant—
( a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and
( b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.
(5) For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.
(6) For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.
(7) A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy F133 [ may, subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), request ] the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
(8) The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to—
( a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose,
( b) the requester shall hold the dwelling—
(i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling),
(ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence holds the dwelling.
Annotations
Amendments:
F133
Substituted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 11, S.I. No. 151 of 2016.
Modifications (not altering text):
C46
Prospective affecting provision: application of section restricted by Affordable Housing Act 2021 (25/2021), s. 39, not commenced as of date of revision.
Cost rental tenancies subsisting on termination of cost rental period
39. Where a tenancy that is a Part 4 tenancy or a further Part 4 tenancy within the meaning of the Act of 2004 is subsisting in relation to a cost rental dwelling on the date on which the cost rental designation in respect of the dwelling is revoked, the provisions of this Part shall continue to apply to that tenancy until the tenancy is validly terminated.
C47
Application of subs. (8) restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(8), S.I. No. 424 of 2021.
Application of Act of 2004
32. …
(8) Sections 50(8) and 76(4) of the Act of 2004 shall not apply to a person who is lawfully in occupation of a cost rental dwelling as a licensee of the tenant during the subsistence of a tenancy protected under Part 4 of that Act and who requests the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
Act of one of multiple tenants cannot prejudice the other’s or others’ rights.
51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—
( a) the termination of the Part 4 tenancy, or
( b) rendering the Part 4 tenancy liable to be terminated by the landlord,
shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person’s consent.
(2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—
( a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and
( b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant’s consent.
(3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—
( a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or
( b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),
as the case may be.
(4) For the purposes of subsection (3), any provision of this Part which—
( a) provides for the termination of a Part 4 tenancy,
( b) renders such a tenancy liable to termination by the landlord, or
( c) makes provision incidental to, or consequential on, the foregoing,
shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—
(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,
(ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or
(iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).
(5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant’s or tenants’ possession of the dwelling).
(6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.
(7) In this section a reference to the doing of an act includes the making of an omission.
Immaterial that tenant quits or dies.
Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
52.—For the avoidance of doubt, neither—
( a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence in respect of that dwelling, nor
( b) the death of that tenant,
of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy’s protection.
No separate Part 4 tenancy to arise in multiple tenant’s favour.
53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50(2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.
Chapter 7
Miscellaneous
No contracting out from terms of Part permitted.
54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.
(2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).
Protection under this Part and long occupation equity.
55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)( b) of the Landlord and Tenant (Amendment) Act 1980.
F134 [ (2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17 (1)(a) of the Landlord and Tenant (Amendment) Act 1980 . ]
Tenant may terminate where
consent to assignment or sub-letting withheld.
186.—(1) This section has effect—
( a) despite the fact that the tenancy concerned is one for a fixed period, and
( b) despite anything to the contrary in the lease or tenancy agreement concerned.
(2) If a landlord of a dwelling refuses his or her consent to an assignment or sub-letting of the tenancy concerned by the tenant, the tenant may serve a notice of termination in respect of the tenancy and terminate it accordingly.
(3) The period of notice to be given by that notice of termination is—
( a) that specified in section 66 , or
( b) such lesser period of notice as may be agreed between the landlord and the tenant in accordance with section 69 ,
even if the lease or tenancy agreement provides for a greater period of notice to be given.
Duty of management companies in relation to certain complaints.
187.—(1) This section applies where a tenant of a dwelling which is one of a number of dwellings comprising an apartment complex makes a complaint of the kind referred to in section 12(1)(h) to the landlord of the dwelling and that complaint (the “relevant complaint”) is forwarded to the management company of the complex (the “relevant company”).
(2) Where this section applies the relevant company, in performing any of its functions in relation to the apartment complex concerned, shall have regard to the relevant complaint and shall furnish to the landlord mentioned in subsection (1) (for the purpose of its being forwarded to the tenant concerned) a statement in writing as to the steps, if any, it has taken to deal with the matter or matters to which the complaint relates.
Provision of information in relation to service charges by management companies.
188.—(1) A tenant of a dwelling which is one of a number of dwellings comprising an apartment complex may request the management company (if any) of the complex (“the company”) to furnish to him or her particulars in writing of the service charges made by the company in respect of the dwelling in a specified period and how those charges have been calculated.
(2) Subject to subsection (3), it shall be the duty of the company to comply with such a request.
(3) If the owner of the dwelling were to make a request of the company to furnish to him or her the particulars mentioned in subsection (1) and the company would not be obliged to furnish all of those particulars to him or her then the duty of the company under subsection (2) shall be read as extending only to the particulars that the company would be obliged to furnish to the owner were such a request to be made.
(4) In this section “service charges” means charges made by the company in respect of the performance of functions by it in relation to the apartment complex concerned.
Protection for Sub-Tenancies
Created out of Part 4 Tenancies
Section 32 .
1. In this Schedule—
“head-landlord” means the landlord under the Part 4 tenancy concerned;
“head-tenant” means the tenant under the Part 4 tenancy concerned;
“sub-tenant” means the person in whose favour the sub-tenancy concerned has been created;
“sub-tenancy” means the sub-tenancy referred to in paragraph 2;
“ Part 4 tenancy” includes a further Part 4 tenancy and references to a Part 4 tenancy continuing in being shall be construed as including references to—
( a) if it occurs, the circumstance in which a further Part 4 tenancy comes into being (in respect of the dwelling concerned) after that Part 4 tenancy and continues in being, and
( b) if it occurs, the circumstance in which a further Part 4 tenancy comes into being (in respect of that dwelling) after the further Part 4 tenancy mentioned in subparagraph (a) and continues in being, and
( c) if it occurs, each further circumstance of the kind mentioned in subparagraph (b).
2. (1) If a sub-tenancy is created out of a Part 4 tenancy with the written consent of the landlord then the following protection applies for the benefit of the sub-tenant.
(2) Without prejudice to paragraphs 5 and 6, that protection is that that sub-tenancy shall (if it would not or might not do so otherwise) continue in being for so long as the Part 4 tenancy continues in being unless it is sooner terminated under the provisions of Part 4 as adapted by this Schedule.
3. Paragraph (a) of, and the Table to, section 34 and sections 35 to 39 apply in relation to the sub-tenancy as they apply in relation to a Part 4 tenancy with the following modifications—
( a) for references in them to a Part 4 tenancy or a tenancy there shall be substituted references to the sub-tenancy,
( b) for references in them to the landlord there shall be substituted references to the head-tenant,
( c) for references in them to the tenant there shall be substituted references to the sub-tenant, and
( d) in paragraph (a) of section 34 for “on one or more of the grounds specified in the Table to this section” there shall be substituted “on one or more of the grounds specified in paragraphs 1, 2 and 4 of the Table to this section”.
4. (1) For so long as the sub-tenancy continues in being the following obligations of the head-landlord shall be owed to the sub-tenant, namely the obligations under paragraphs (a) and (b) of section 12(1) and, for the purpose of this paragraph—
( a) the reference in that paragraph (a) to the tenant shall, for so long as the sub-tenancy continues in being, be construed as a reference to the sub-tenant, and
( b) a dispute between the head-landlord and the sub-tenant with respect to compliance by the head-landlord with either or both of those obligations may be referred under Part 6 to the Board for resolution.
(2) For so long as the sub-tenancy continues in being the following obligations of the sub-tenant shall be owed to the head-landlord, namely the obligations under paragraphs (f) and (g) of section 16 and, for the purpose of this paragraph—
( a) references in those paragraphs to the tenancy shall, for so long as the sub-tenancy continues in being, be construed as references to the sub-tenancy,
( b) references in those paragraphs to the landlord shall, for so long as the sub-tenancy continues in being, be construed as references to the head-landlord, and
( c) a dispute between the sub-tenant and the head-landlord with respect to compliance by the sub-tenant with either or both of those obligations may be referred under Part 6 to the Board for resolution.
(3) Save to the extent provided by the foregoing subparagraphs, nothing in this paragraph affects the obligations owed—
( a) by the head-landlord to the head-tenant (or the head-tenant to the head-landlord), or
( b) by the head-tenant to the sub-tenant (or the sub-tenant to the head-tenant),
under the Part 4 tenancy or the sub-tenancy, as appropriate.
5. In addition to the protection provided by paragraph 2, where the head-landlord serves a notice of termination in respect of the Part 4 tenancy out of which the sub-tenancy has been created and does not include in that notice of termination a requirement to terminate the sub-tenancy, then — if the notice of termination is effective to terminate the Part 4 tenancy — on that termination—
( a) the sub-tenant shall become the tenant of that landlord and the sub-tenancy under which he or she held the dwelling concerned shall be deemed to be converted into that Part 4 tenancy (without prejudice to the notice’s effect as against the former head-tenant),
( b) the terms of that Part 4 tenancy under which he or she holds the dwelling concerned shall be those on which he or she held it under the sub-tenancy (subject to their not being inconsistent with this Act) unless he or she and that landlord agree to a variation of them,
( c) the period of that Part 4 tenancy’s duration shall, subject to Chapter 3 of Part 4, be the same as that which would have been its period of duration if the notice of termination mentioned in this paragraph had not been served.
6. Subparagraphs (a), (b) and (c) of paragraph 5 also apply if the Part 4 tenancy is validly terminated by the head-tenant and, for this purpose, the relevant references in that paragraph which precede those subparagraphs shall be read accordingly.
7. Paragraphs 5 and 6 do not affect the liabilities (if any) of the sub-tenant to the head-tenant (or of the head-tenant to the sub-tenant) that have arisen by virtue of the sub-tenancy.
8. (1) This paragraph applies where—
( a) the sub-tenant has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a) (as adapted by this Schedule),
( b) that notice of termination cited as the reason for the termination the ground specified in paragraph 4 of the Table to section 34 (as so adapted), and
( c) the occupation by the person concerned mentioned in that paragraph does not take place within a reasonable time after the service of the notice or, in circumstances where such a requirement arises, the head-tenant does not comply with the requirement to make the offer referred to in that paragraph.
(2) Where this paragraph applies, the sub-tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subparagraph (1), he or she has been unjustly deprived of possession of the dwelling concerned by the head-tenant.
(3) 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 head-tenant shall pay to the complainant an amount by way of damages for that deprivation of possession.
(4) For the avoidance of doubt—
( a) this paragraph applies even though the sub-tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subparagraph (1) has effect as if the clause set out in the Table to this paragraph were substituted for clause (c) of that subparagraph), and
( b) this paragraph is without prejudice to the sub-tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the head-tenant to do or, as appropriate, permit to be done the thing mentioned in the notice.
TABLE
( c) the occupation by the person concerned mentioned in that paragraph does not take place within a reasonable time after the dispute in relation to the validity of the notice is finally determined under Part 6 or, in circumstances where such a requirement arises, the head-tenant does not comply with the requirement to make the offer referred to in that paragraph.
Annotations
Amendments:
F344
Substituted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 33, S.I. No. 236 of 2019.
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.
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.