Social Rental Regulation

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

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2015.

F13

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 4, S.I. No. 151 of 2016.

“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 (Ame

ndment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) ];

F58 [

Setting of rent

under tenancy for dwellings referred to in section 3(4)

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

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

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

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

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

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

F63 [

Rent review

for dwellings referred to in section 3(4) of Principal Act

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

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

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

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. ]

 

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) ].

Termination on tenant’s death.

39.—(1) Subject to subsections (2) F110 [ , (4) and (6) ] , a Part 4 tenancy shall terminate on the death of the tenant.

(2) Where the 2 conditions specified in subsection (3) are satisfied—

( a) subsection (1) does not apply, and

( b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.

(3) Those conditions are—

( a) the dwelling, at the time of the death of the tenant concerned, was occupied by—

(i) a spouse F111 [ or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ] of the tenant,

(ii) a person who was not a spouse of the tenant but who F112 [ was the tenant ’ s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant ] in the dwelling for a period of at least 6 months ending on the date of the tenant’s death,

(iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or

(iv) a parent of the tenant,

and

( b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.

(4) This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.

(5) Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.

F113 [ (6) In respect 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), a person to whom subsection (3)(a) applies shall not elect, under s ubsection (3)(b) , to become a tenant, or tenants, of such dwelling unless —

( a ) in the case of a dwelling referred to in section 3(4)(a) , he or she is a member of a household referred to in section 3(4)(a) , or

( b ) in the case of a dwelling referred to in section 3(4)(b) , he or she is a member of a household referred to in section 3(4)(b) . ]

Obligation to apply to register tenancy.

134.—(1) The landlord of a dwelling shall apply to the Board to register the tenancy of the dwelling under this Part.

(2) F231 [ Subject to subsection (2A) , an application ] under this section shall be made—

( a) in the case of a tenancy F232 [ (other than a tenancy to which paragraph (aa) applies) ] that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

F232 [ ( aa ) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and ]

( b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act F232 [ and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019 ])—

(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

(ii) in any other case — within whichever of the following periods expires the later—

(I) the period of 3 months from the commencement of this Part, or

(II) the period of 1 month from the commencement of the tenancy.

F233 [ (2A) Where an application under this section is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4) , an application under this section in respect of such tenancy shall be made —

( a ) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

( b ) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation —

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

( c ) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy. ]

F231 [ (3) An application under this section shall —

( a ) be in the prescribed form,

( b ) subject to subsections (4) and (7) , be accompanied by —

(i) subject to subparagraph (ii) , the fee referred to in section 137(1)(b)(ii) , or

(ii) in the case of a tenancy referred to in subsection (2A) , the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b) ,

and

( c ) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee. ]

F270 [

Fee to accompany application

under section 134(2A)

137A. (1) The fee to accompany an application under section 134(2A) shall be —

( a ) if the application is made in the period of 12 months beginning on commencement of section 3(4) , a fee of € 45, or

( b ) if the application is made after the period referred to in paragraph (a) —

(i) unless subparagraph (ii) applies, a fee of € 90, or

(ii) if the Board has, under subsection (1A) of section 138 , declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection.

(2) The requirement under section 134(3)(b)(ii) for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications referred to in subsection (3) , if the applicant referred to in subsection (3) opts to pay the Board a single fee of the amount specified in subsection (4) in respect of those applications.

(3) The applications referred to in subsection (2) are applications made by the same person at the same time in respect of not more than 10 tenancies of dwellings comprised in the same property.

(4) The amount of the single fee referred to in subsection (2) is —

( a) if the applications concerned are made in the period of 12 months beginning on the comm encement of section 3(4) , € 187.50, or

( b ) if the applications concerned are made after the period referred to in paragraph (a) —

(i) unless subparagraph (ii) applies, a fee of € 375, or

(ii) if the Board has, under subsection (1A) of section 138 , declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection.

(5) The option of paying the single fee referred to in subsection (2) is not available to the person referred to in subsection (3) if the applications concerned are not made within the period specified in paragraph (a) , (b) or (c) of section 134(2A) .

(6) If an application under section 134(2A) is not made within the period specified in paragraph (a) , (b) or (c) of section 134(2A) , the fee to accompany that application shall, subject to subsection (7) , be the total amount of —

( a ) the fee referred to in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) , and

( b ) an additional amount of € 20 for —

(i) each month, or

(ii) part of a month,

falling after the expiration of the period specified in paragraph (a) , (b) or (c) of section 134(2A) .

(7) The fee referred to in subsection (6) shall not exceed the total amount of € 240. ]

Annotations

Amendments:

 

Amendment of Housing (Miscellaneous Provisions) Act 1997.

197.— The Housing (Miscellaneous Provisions) Act 1997 is amended—

( a) in section 1, by—

(i) substituting “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000” for “Housing Acts 1966 to 1997” in each place where those words occur, and

(ii) inserting the following definition after the definition of “housing authority”:

“‘relevant purchaser’ means—

( a) a person to whom a housing authority have sold a house under the Housing Acts 1966 to 2002, or

( b) a person in whom there subsequently becomes vested (whether for valuable consideration or not and including by means of inheritance) the interest of the person referred to in paragraph ( a) of this definition in the house referred to in that paragraph;”,

( b) by substituting the following section for section 3:

“

Excluding orders.

3.—(1) A tenant or relevant purchaser may, in respect of a house—

( a) let to the tenant by a housing authority, or

( b) in respect of which he or she is such a purchaser,

apply to the District Court for an order (to be known and referred to in this Act as an ‘excluding order’) against a person including, in the case of an application by a tenant, a joint tenant (referred to in this Act as ‘the respondent’) whom the tenant or relevant purchaser making the application believes to be engaging in anti-social behaviour.

(2) A housing authority may, in respect of a house referred to in subsection (1), apply to the District Court for an order (which shall also be known and is in this Act referred to as an ‘excluding order’) against a person, other than the tenant or relevant purchaser of the house, (in this Act also referred to as the ‘respondent’) whom the authority believe to be engaging in anti-social behaviour where the authority—

( a) having consulted the tenant or relevant purchaser and the health board in whose functional area the house is situate, believe that the tenant or relevant purchaser—

(i) may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and

( b) consider that, in the interest of good estate management, it is appropriate, in all the circumstances, to apply for the excluding order.

(3) Where the court, on application to it, is of the opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour it may by order—

( a) direct the respondent, if residing at the house in respect of which the application was made, to leave that house, and

( b) whether the respondent is or is not residing at the house—

(i) prohibit the respondent for the period during which the order is in force from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified area, being an area one or more of the houses in which are under the control and management of a housing authority, or

(ii) prohibit the respondent, during the said period, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.

(4) An excluding order may, if the court thinks fit, prohibit the respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant, relevant purchaser or other occupant of any house concerned.

(5) Where an excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to have it varied, and the court upon hearing the application shall make such order as it considers appropriate in the circumstances.

(6) An excluding order, whether made by the District Court or by the Circuit Court on appeal from the District Court, shall, subject to subsection (7) and section 9, expire three years after the date of its making or on the expiration of such shorter period as the court may provide for in the order.

(7) On or before the expiration of an excluding order to which subsection (6) relates, a further excluding order may be made by the District Court or by the Circuit Court on appeal from the District Court for a period of three years, or such shorter period as the court may provide for in the order, with effect from the date of expiration of the firstmentioned order.”,

( c) in section 3A (inserted by the Housing (Traveller Accommodation) Act 1998) by—

(i) substituting in subsection (2) the following paragraph for paragraph ( a):

“( a) having consulted the authorised person concerned and the health board in whose functional area the site is situate, believe that such authorised person—

(i) may be deterred or prevented by violence, threat or fear from pursuing an application for a site excluding order, or

(ii) does not intend, for whatever other reason, to make such an application,

and”,

and

(ii) substituting in subsection (3) the following paragraph for paragraph ( b):

“( b) whether the respondent is or is not residing at the site—

(i) prohibit the respondent for the period during which the order is in force from entering or being in the vicinity of that site or any other specified site or being on or being in or in the vicinity of any specified site, or

(ii) prohibit the respondent, during the said period, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.”,

( d) by substituting the following sections for section 4:

“Excluding orders.

4.—(1) If, on the making of an application for an excluding order or between the making of the application and its determination, the court is of the opinion that there are reasonable grounds for believing that there is an immediate risk of significant harm to the tenant, relevant purchaser or other occupant of the house if the order is not made immediately, the court may by order (to be known and referred to in this Act as an ‘interim excluding order’)—

( a) direct the respondent, if residing at the house in respect of which the application was made, to leave that house, and

( b) whether the respondent is or is not residing at the house—

(i) prohibit the respondent from entering or being in the vicinity of that house or any other specified house or being in or in the vicinity of any specified area, being an area one or more of the houses in which are under the control and management of a housing authority, until further order of the court or until such other time as the court shall specify, or

(ii) prohibit the respondent, until such further order or time, from doing all or any of the things referred to in subparagraph (i) save where specified conditions are complied with.

(2) Subsections (4) and (5) of section 3 shall apply to an interim excluding order as they apply to an excluding order.

(3)( a) An interim excluding order may be made ex parte where, having regard to the circumstances of the particular case, the court considers it necessary or expedient to do so in the interests of justice.

( b) The application for such an order shall be grounded on an affidavit or information sworn by the applicant.

( c) If an interim excluding order is made ex parte—

(i) a note of evidence given by the applicant shall be prepared forthwith—

(I) by the judge,

(II) by the applicant or the applicant’s solicitor and approved by the judge, or

(III) as otherwise directed by the judge,

and

(ii) a copy of the order, affidavit or information and note shall be served on the respondent as soon as practicable.

( d) The order shall have effect for a period, not exceeding 8 working days, to be specified in the order, unless, on application by the applicant for the excluding order and on notice to the respondent, the interim excluding order is confirmed within that period by order of the court.

( e) The order shall contain a statement of the effect of paragraph ( d).

( f) In paragraph ( d) ‘working days’ means days other than Saturdays, Sundays or public holidays (within the meaning of the Organisation of Working Time Act 1997).

(4) An interim excluding order shall cease to have effect on the determination by the court of the application for an excluding order.

Provision for avoidance of doubt

4A.—For the avoidance of doubt—

( a) no order may be made under section 3 or 4 directing anything to be done, or prohibiting anything from being done, in a housing estate none of the houses in which is under the control and management of a housing authority,

( b) a house shall, for the purposes of those sections and paragraph ( a), be regarded as being under the control and management of a housing authority despite the fact that the authority has, under section 9 of the Housing (Miscellaneous Provisions) Act 1992, delegated all or one or more of its functions in respect of that house to a designated body.”,

( e) by substituting the following section for section 9:

“9.—(1) Where an excluding order or interim excluding order has been made, the tenant, the relevant purchaser or the housing authority, as appropriate, or the respondent may apply to the court that made the order to have the order discharged and thereupon the court shall discharge the order if it is of the opinion that, in all the circumstances, it is appropriate to do so.

(2) For the purposes of this section and section 3(5), an order made by a court on appeal from another court shall be treated as if it had been made by that other court.”,

and

( f) in section 14, by inserting the following subsections after subsection (3):

“(4) Notwithstanding anything contained in the enactments specified in subsection (5), a housing authority may refuse to sell or lease a dwelling to a person where the authority considers that the person is or has been engaged in anti-social behaviour or that a sale or lease to that person would not be in the interest of good estate management.

(5) The enactments mentioned in subsection (4) are:

( a) section 90 of the Housing Act 1966;

( b) section 3 of the Housing (Miscellaneous Provisions) Act 1992;

( c) section 6 of the Housing (Miscellaneous Provisions) Act 2002; and

( d) Part V of the Planning and Development Act 2000.”.

Amendment of Housing Act 1966.

198.— The Housing Act 1966 is amended by deleting “except tenants for a month or a less period than a month)” where those words occur in section 79(1) and article 4( b) of the Third Schedule.

Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980.

199.—(1) Section 58 of the Landlord and Tenant (Amendment) Act 1980 is amended by inserting in subsection (1)( b), after “section 13(1)( a)”, “or 13(1)( b)”.

(2) Section 60 of the Landlord and Tenant (Amendment) Act 1980 is amended—

( a) in subsection (1), by substituting the following definition for the definition of “obsolete area”:

“‘integrated area plan’ has the meaning assigned to it by section 7 of the Urban Renewal Act 1998.”,

and

( b) in subsection (2), by substituting “area to which an integrated area plan relates” for “obsolete area”.

Amendment of sections 3 and 20 of

Housing (Miscellaneous Provisions) Act 1992 Amendment

200.—(1) Section 3(8)( b) of the Housing (Miscellaneous Provisions) Act 1992 is amended—

( a) in subparagraph (ii), by substituting “1978;” for “1978.”, and

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

“(iii) section 60 of the Landlord and Tenant (Amendment) Act 1980.”.

(2) Section 20(8) of the Housing (Miscellaneous Provisions) Act 1992 is amended by substituting “by virtue of any requirement on landlords relating to the registration of tenancies” for “under this section”.

Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992.

201.— Section 34 of the Housing (Miscellaneous Provisions) Act 1992 is amended by substituting the following subsection for subsection (1):

“(1) Any person who, by act or omission, obstructs an authorised person in the lawful exercise of the powers conferred by, or who contravenes a provision of, or a regulation made under, section 17, 18 or 20 shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both and if the obstruction or contravention is continued after conviction the person shall be guilty of a further offence on every day on which the obstruction or contravention continues and for each such offence shall be liable, on summary conviction, to a fine not exceeding €250.”.

Regulations to remove difficulties.

202.—If in any respect any difficulty arises during the period of 3 years after the commencement of this section in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations do anything that appears to the Minister to be necessary or expedient for the purposes of bringing that provision into operation or securing or facilitating its operation.

Annotations

Editorial Notes:

E113
Power pursuant to section exercised (7.10.2004) by Residential Tenancies Act 2004 (Section 202) Regulations 2004 (S.I. No. 649 of 2004).