Misc. Regulation

127.—(1) The Board shall, as soon as practicable after the establishment day, establish and maintain a register which shall be known as the “private residential tenancies register” and is in this Act referred to as the “register”.

(2) There shall be registered in the register each tenancy of a dwelling in the State the subject of an application for registration made under, and in accordance with, this Part.

(3) The form of the register, the types of information to be contained in it, the format of any aspect of that information and any other matters relevant to the maintenance of the register shall be such as the Board determines from time to time.

(4) Save under and in accordance with this Act and subject to subsection (5), no information contained in the register shall be disclosed to any person.

(5) Subsection (4) does not apply to a disclosure of information contained in the register by—

( a) a member of the Board,

( b) a member of a committee of the Board,

( c) a member of staff of the Board,

( d) a mediator or adjudicator, or

( e) a person whose services are provided to the Board under section 167 ,

in the performance of any of his or her functions under this Act, being a disclosure the making of which is necessary for the performance by him or her of any such function.

128.—(1) The Board shall, as soon as practicable after the establishment of the register, prepare a document (in this Act referred to as the “published register”).

(2) Subject to subsections (3) and (4), the published register shall consist of an extract of the information contained in the register.

(3) The extent of that extract shall be such as the Board determines is likely to make the published register useful to members of the public.

(4) The published register shall not contain any information, as respects a particular dwelling, that discloses or could reasonably lead to the disclosure of—

( a) the identity of the landlord or the tenant or tenants of the dwelling,

( b) the amount of the rent payable under a tenancy of the dwelling.

(5) The form of the published register, the format of any aspect of the information contained in it and any other matters relevant to its maintenance shall be such as the Board determines from time to time.

129.—(1) The published register shall be kept at an office that is designated, for the time being, by the Board for that purpose.

(2) The published register shall be made available for inspection, at all reasonable times, at that office and by such other means, if any, as the Board may determine.

(3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the inspection of the published register.

130.—The register and the published register may each be prepared and maintained otherwise than in a legible form but only if that form allows the particular register to be converted into a legible form and any entry in it to be copied or reproduced in a legible form.

131.—(1) Without prejudice to section 128 , the Board may publish details concerning the F229 [ … ] rented sector derived from the register, being details of an aggregated nature.

(2) In this section—

“details of an aggregated nature” means details of such a nature as could not reasonably lead to a disclosure of the kind mentioned in section 128(4) occurring;

“ F230 [ rented sector ]” has the same meaning as it has in section 151 .

132.—(1) On application by the landlord or tenant of a dwelling, the Board shall, on being supplied by the landlord or tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned, provide to him or her a copy of the entry in respect of that dwelling in the register.

(2) On application by a person who is not the landlord or tenant of a particular dwelling, the Board shall provide to him or her a copy of the entry in respect of that dwelling in the published register (but not the entry in the register).

(3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the provision of a copy of an entry under subsection (1) or (2).

(4) A copy of an entry in the register or the published register purporting to be certified by an officer of the Board as being a true copy of that entry shall, without proof of that person’s authority to so certify the copy, of any signature of the person appearing on the copy or that he or she is or was an officer of the Board, be received in evidence in any proceedings and shall be presumed to be such a copy unless the contrary is shown.

(5) Evidence that any particular matter in respect of a dwelling stood registered in the register on a particular date may be given by the production of a copy of the entry in respect of that dwelling under subsection (4) and which copy bears that date beside, or as part of, the certification mentioned in that subsection.

133.—(1) Either party to a tenancy of a dwelling may request the Board to confirm to him or her what are the particulars specified in an application made under section 134 to register the tenancy.

(2) The Board shall comply with such a request if it is satisfied, having been supplied by the person making the request with such information as it may require, that the person is a party to the 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. ]

(4) The foregoing F231 [ requirements ] with respect to the application being accompanied by a fee F231 [ do ] not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in F231 [ subsection (2)(a) , (2)(b) , (2A)(i) , (2A)(ii) or (2A)(iii) ] and one of the following conditions is satisfied.

(5) Those conditions are that, in the 12 months preceding the relevant application—

( a) 2 applications, each accompanied by the fee specified in section 137 , F233 [ or where the applications are made pursuant to subsection (2A) , the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b) , ] have been made under this section by the applicant in respect of the relevant dwelling (and each within the period specified in F231 [ subsection (2)(a) , (2)(b) , (2A)(i) , (2A)(ii) or (2A)(iii) ] ,

F231 [ ( b ) the applicant has paid —

(i) in respect of several applications falling within section 137(3) , the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

(ii) in respect of several applications falling within section 137A(3) , the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling, ]

( c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.

135.—(1) For the avoidance of doubt—

( a) a fresh application must be made under section 134 in respect of each new tenancy that is created in respect of a dwelling,

( b) the fact that a tenancy is continued in being as a Part 4 tenancy does not give rise to any requirement under section 134 to apply to register the Part 4 tenancy, and

( c) the coming into being of a further Part 4 tenancy in respect of a dwelling does, however, give rise to a requirement under section 134 to apply to register that further Part 4 tenancy.

(2) F242 [ … ]

(3) The Board shall assign a unique number to each application made under section 134 to register a tenancy and that number shall be used by the Board as the reference number for the tenancy when it is registered.

F243 [ (4) An acknowledgement, in the prescribed form, shall be given to the applicant under section 134 and to the tenant and shall —

( a ) acknowledge the receipt by the Board of the application under section 134 ,

( b ) acknowledge the receipt by the Board of a fee referred to in subsection (3) of that section,

( c ) …

( d ) specify the reference number, referred to in subsection (3) , assigned by the Board in respect of the tenancy concerned, and

( e ) include a statement setting out —

(i) a summary of the rights and obligations of tenants and landlords under this Act and without prejudice to the generality of the foregoing, the statement shall set out a summary of the rights and obligations of tenants and landlords in relation to —

(I) the setting of rent under section 19 , a review of rent under section 20 and the notification of a new rent under section 22 ,

F244 [ (II) security of tenure under Part 4 (other than in the case of a tenancy referred to in subsection (1A) of section 3 ), ]

F244 [ (III) the termination of tenancies (other than tenancies referred to in subsection (1A) of section 3 ) under Part 4 , and ]

F245 [ (IV) the termination of tenancies under Part 5 , ]

(ii) the matters which may be referred to the Board for resolution under Part 6 and without prejudice to the generality of the foregoing the statement shall specify that —

(I) a complaint may be referred to the Board under section 78(1)(b) in respect of the amount of rent that ought to be initially set in compliance with section 19 , and

(II) a complaint may be referred to the Board under section 78(1)(c) in respect of the amount of rent determined on foot of a review of rent,

(iii) the redress that may be granted by the Board and without prejudice to the generality of the foregoing the statement shall specify the maximum amount of damages that may be paid to a party to a dispute pursuant to section 115(3) , and

(iv) the function of the Board, referred to in section 147A , to disclose to the Revenue Commissioners information contained in the register referred to in that section. ]

F246 [ (5) Where an application, other than an application referred to in subsection (6) , under section 134 is received by the Board and the application is —

( a ) incomplete, or

( b ) not accompanied by —

(i) the fee referred to in section 134(3)(b)(i) or as the case may be section 134(3)(b)(ii) , or

(ii) the fee referred to in section 134(3)(c) , where that fee is required to be paid,

the Board shall notify the applicant of the omission concerned and specify a date by which the application is to be completed or the fee is to be paid. ]

F247 [ (6) Where —

( a ) an application under section 134 received by the Board is incomplete, and

( b ) the Board, having regard to —

(i) the information provided with that application, and

(ii) the information required to be contained in the register pursuant to section 127(3) ,

is satisfied that the information provided with the application, is sufficient to effect the registration of the tenancy concerned,

the Board, having regard to the proper discharge by it of its functions under this Act and where in its opinion it is appropriate, may, subject to subsection (7) , treat the application as complete for the purposes of this Part and register the tenancy concerned. ]

F248 [ (7) … ]

F247 [ (8) Where an application referred to in subsection (6) is received by the Board before the coming into operation of subsection (6) , and has not been determined before such coming into operation, subsection (6) shall apply to such application. ]

135A. … ]

135B. … ]

136.— F256 [ (1) ] An application under section 134 shall contain the following particulars—

( a) the address of the dwelling,

( b) F257 [ the name, address where the landlord ordinarily resides, any other address for correspondence the landlord may wish to provide and the personal public service number (if any) of the landlord ] and, where the application is made by his or her authorised agent, the name, address for correspondence and personal public service number (if any) of the agent,

( c) if the landlord is a company, the registered number and registered office of that company,

( d) if (where the application is made by the landlord’s authorised agent) the authorised agent is a company, the registered number and registered office of that company,

( e) F258 [ … ]

( f) the name and, unless it cannot be ascertained by reasonable inquiry, personal public service number of the tenant, or (as the case may be) of each of the tenants, of the dwelling,

( g) the name of the housing authority in whose functional area the dwelling is situated,

( h) if the dwelling is one of a number of dwellings comprising an apartment complex, the name of the management company (if any) of the complex and the registered number and registered office of that company,

( i) a description of the dwelling, indicating—

(i) F258 [ … ]

(ii) F258 [ … ]

(iii) a statement as to which of the following categories it belongs namely, a whole or part of a house, a maisonette, an apartment, a flat or a bedsitter and, in case it falls within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or terraced, and

(iv) the number of bedrooms,

( j) the date the tenancy of the dwelling commenced,

( k) the amount of the rent payable under that tenancy, the frequency with which it is required to be paid and any taxes or other charges required to be paid by the tenant,

( l) if the tenancy is for a fixed term, the period of that term,

( m) if the tenancy consists of a sub-letting, an indication to that effect,

( n) the number assigned under section 135(3) in respect of a previous tenancy that was registered under this Part in respect of the dwelling (but only if the particulars provided under paragraph (f) in respect of that tenancy were the same as those that are being provided, under that paragraph, in respect of the immediate tenancy), and

( o) such other matters as may be prescribed.

F256 [ (2) Nothing in subsection (6) of section 135 shall operate to affect the obligation under subsection (1) . ]

137.—(1) The fee to accompany an application under section 134 shall, subject to subsections (2) and (6) F261 [ and section 137A ] , be—

( a) if the application is made in the period of 12 months beginning on the commencement of section 134 , a fee of the amount of €70, or

F262 [ ( b ) Subject to subsections (2) and (6) and section 137A , the fee to accompany an application under section 134 shall —

(i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be € 40, or

(ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period —

(I) be € 40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

(2) The requirement under F263 [ section 134 (3)(b)(i) ] for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications mentioned in subsection (3), if the applicant mentioned in that subsection opts to pay to 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 F264 [ 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 commencement of section 134 , €300, or

F262 [ ( b ) The amount of the single fee referred to in subsection (2) shall —

(i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be € 170, or

(ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period —

(I) be € 170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount. ]

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

(6) If an application under section 134 is not made within the period specified in subsection (2)(a) or (b) of that section then the fee to accompany that application shall be a fee of an amount that is double the amount referred to in paragraph (a) or (b)(i) or, as the case may be, paragraph (b)(ii) of subsection (1).

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. ]

138.—(1) If the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in—

( a) any period ending on or before the date that falls 12 months after the commencement of section 134 , or

( b) any period subsequent to that date,

it is appropriate for it to declare a fee of a greater or lesser amount than—

(i) in the case of section 137(1)(b) —

(I) €70, or

(II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision,

or

(ii) in the case of section 137(4)(b) —

(I) €300, or

(II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision,

it may, subject to subsection (2), declare in writing, for the purposes of subsection (1)(b) or (4)(b) of section 137 , a fee of such a greater or lesser amount.

F276 [ (1A) Without prejudice to subsection (1) , where, in respect of the fee referred to in subsections (1)(b) and (4)(b) of section 137A , the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in —

( a ) any period ending on or before the date that falls 24 months after the commencement of subsection (2A) of section 134, or

( b ) any period subsequent to that date,

it is appropriate for it to declare a fee of a greater or lesser amount than —

(i) in the case of section 137A(1)(b) —

(I) € 90, or

(II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision,

or

(ii) in the case of section 137A(4)(b) —

(I) € 375, or

(II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision,

it may, subject to subsection (2A) , declare in writing, for the purposes of subsection (1)(b) or (4)(b) of section 137A , a fee of such greater or lesser amount. ]

(2) The amount (expressed as a percentage) by which the amount of a fee declared under this section is greater or lesser than the amount of the relevant fee mentioned in subsection (1) shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in—

( a) unless paragraph (b) applies, the period beginning on the commencement of section 134 and ending on the making of the declaration, or

( b) if the power under this section has previously been exercised for the purpose of subsection (1)(b) or (4)(b) of section 137 , as the case may be, the period beginning on the date that that power was last exercised and ending on the making of the declaration.

F276 [ (2A) In respect of the declaration of a fee referred to in subsection (1A) , the amount (expressed as a percentage) by which the amount of a fee declared under that subsection is greater or lesser than the amount of the relevant fee mentioned in that subsection shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in —

( a ) unless paragraph (b) applies, the period beginning on the commencement of subsection (2A) of section 134 and ending on the making of the declaration, or

( b ) if the power under this section has been previously exercised for the purpose of subsection (1)(b) or (4)(b) of section 137A , as the case may be, the period beginning on the date that the power was last exercised and ending on the making of the declaration. ]

139.—(1) Within 1 month from an alteration of the rent payable under a tenancy registered in the register taking effect, the landlord under the tenancy shall furnish to the Board the information mentioned in subsection (2) in the prescribed form.

(2) That information is—

( a) the amount of that rent as it stands altered and the date from which that alteration took effect, and

( b) so far as any of the other matters in respect of which particulars were entered in the register in respect of the tenancy have changed in any material respect since, as appropriate—

(i) the tenancy was registered in the register, or

(ii) information in respect of them was last previously furnished to the Board under subsection (1),

particulars in respect of those other matters as they stand at the date of this furnishing of information under subsection (1).

(3) No fee shall be payable in respect of the furnishing to the Board of the information mentioned in this section.

(4) The Board, as soon as may be after receipt of the information mentioned in this section, shall amend the relevant particulars in the register with respect to the tenancy concerned.

F277 [ (5) …

(6) … ]

F278 [ (7) ( a ) Without prejudice to subsection (1) , a landlord may, at any time, notify the Board in writing of —

(i) any changes in respect of particulars entered in the register, and

(ii) any additional particulars to be entered in the register,

in respect of the tenancy.

( b ) In subsection (4) , the reference to information shall include particulars notified under paragraph (a) . ]

140.—(1) If the Board becomes aware that any particular entered in the register is incorrect it shall amend the register to correct the matter.

(2) For the purpose of complying with subsection (1) and, in particular, for the purpose of determining what needs to be stated in the register by way of correction of the matter, the Board may make such inquiries as it thinks fit (whether of the landlord or tenant under the tenancy concerned or any other person).

141.—(1) Where, in the opinion of the landlord of the dwelling, a dwelling in respect of which a tenancy has been registered in the register has ceased to be a dwelling to which this Act applies, the landlord shall notify in writing the Board of that opinion and the grounds for it.

(2) That notification shall be made within 1 month from the date that, in the opinion of the landlord, the cessation concerned occurred.

(3) Having considered the grounds stated in a notification made to it under subsection (1), the Board shall—

( a) if it is satisfied that the dwelling concerned is no longer a dwelling to which this Act applies, delete the entry in the register in respect of the dwelling and notify the landlord of that deletion, or

( b) if it is not satisfied that the dwelling is no longer a dwelling to which this Act applies, notify the landlord that it is not so satisfied.

(4) For the avoidance of doubt, no refund of the whole or part of the fee charged under section 134 in respect of the registration under this Part of the dwelling concerned may be made to the landlord in a case to which subsection (3)(a) applies.

(5) Despite the deletion, under subsection (3)(a), of the entry in the register in respect of a tenancy of a dwelling, the Board may, if it considers it appropriate to do so for the purpose of its functions under section 151 , keep a record of all or any of the particulars in respect of that tenancy that were contained in the entry.

142.—In any proceedings under Part 6, it shall be presumed until the contrary is shown that the date stated in the register as the date on which the tenancy, the subject of the proceedings, commenced is the date on which that tenancy commenced.

143.—A person who, in purported compliance with section 134 or 139, furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.

144.—(1) If it appears to the Board that a particular tenancy that ought to be registered in the register has not been the subject of an application for registration under section 134 , it shall serve the notice referred to in subsection (2) on the person whom it considers to be the landlord under that tenancy.

(2) That notice is a notice—

( a) stating the Board’s opinion that the tenancy mentioned in the notice is required to be registered in the register and, accordingly, that an application for registration of the tenancy under section 134 must be made by the addressee of the notice, and

( b) requesting the addressee of the notice to furnish to the Board, within a period specified in the notice, the reasons why the addressee considers (if such be the case) that the opinion is not well founded.

(3) If the addressee of the notice referred to in subsection (2)—

( a) does not furnish to the Board, in accordance with the notice, the reasons requested, or

( b) furnishes, in accordance with the notice, reasons to the Board which do not result in its altering the opinion stated in that notice,

the Board shall (unless an application has by then been made under section 134 to register the tenancy) serve a further notice on the addressee stating that he or she is required to apply to the Board under section 134 to register the tenancy in the register and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, he or she is guilty of an offence.

(4) A person who fails to comply with a notice under subsection (3) within the period of 14 days from the receipt by him or her of the notice is guilty of an offence.

(5) For the purpose of a person’s complying with the requirement in a notice under subsection (2) or (3) to register a tenancy under section 134 , that section F280 [ shall apply as if subsection (2) or, as the case may be, subsection (2A) ] were omitted from it (but for that purpose only and not so as to affect the application of section 137(6) F280 [ or 137A(6) ] ).

(6) Proceedings for an offence under subsection (4) may not be brought if more than a year has elapsed between the date of service of the notice under subsection (2) and of the notice under subsection (3) in relation to the matter concerned.

(7) The reference in subsection (1) to a particular tenancy that ought to be registered shall be deemed to include a reference to a tenancy which, in the opinion of the Board, exists in respect of a dwelling and, accordingly, ought to be registered; where the Board is of that opinion in respect of a dwelling then the notice referred to in subsection (2) concerning that dwelling shall expressly state that as part of the opinion stated by the Board in the notice.

144A. (1) As soon as practicable after it has formed the opinion that a landlord under a tenancy has failed to comply with section 139(1) , the Board shall serve the notice referred to in subsection (2) .

(2) The notice shall —

( a ) inform the landlord of the Board ’ s opinion, and

( b ) request the landlord to, within the period specified in the notice —

(i) comply with section 139(1) , or

(ii) furnish to the Board the reasons why the landlord considers (if such be the case) that the opinion is not well founded.

(3) If the landlord, within the period specified in the notice —

( a ) does not comply with section 139(1) , or

( b ) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the landlord stating that the landlord is required to comply with section 139(1) and that the Board ’ s opinion has not altered and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, the landlord shall be guilty of an offence.

(4) A person who fails to comply with a notice under subsection (3) within 14 days from the receipt by him or her of the notice shall be guilty of an offence. ]

145.—(1) A person authorised in writing by the Board for the purposes of this section as respects the particular dwelling may, at all reasonable times, enter into and inspect a dwelling for the purposes of determining the correctness of any particular specified in an application made under section 134 in respect of a tenancy of that dwelling.

(2) A person shall not be authorised under subsection (1) unless the Board has reasonable grounds for believing that a particular specified in the application mentioned in that subsection is false or misleading in a material respect.

(3) A person who obstructs or impedes a person authorised under subsection (1) in the exercise by that person of his or her powers under that subsection is guilty of an offence.

(4) If it appears to the Board that a particular tenancy that ought to be registered in the register has not been the subject of an application for registration under section 134 it may, by service of a notice on the tenant under the tenancy, require the tenant to supply to it, within a period specified in the notice, the name and address of the landlord under the tenancy or, if those particulars are not known to the tenant, any information in the possession of the tenant that could reasonably lead to the Board’s ascertaining the identity of the landlord or his or her address.

(5) A person who fails to comply with a notice under subsection (4) or supplies information to the Board in purported compliance with the notice which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.

146.—(1) A local authority shall, at such intervals as are specified by the Board, supply to the Board such information in its possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is reasonably necessary for the performance by the Board of its functions.

(2) The Minister for Social and Family Affairs shall, at such intervals as are specified by the Board, supply to the Board such information in his or her possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is reasonably necessary for the performance by the Board of its functions.

(3) The Board shall, at such intervals as are specified by a local authority, supply to the local authority such information in the possession of the Board as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is reasonably necessary for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).

(4) The Board shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in the possession of the Board as is reasonably necessary for the performance by that Minister of his or her functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993.

147.—(1) A local authority shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in its possession as falls within any class of information specified by that Minister for the purpose of this subsection, being a class of information the supply of which to that Minister is reasonably necessary for the performance by that Minister of his or her functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993.

(2) The Minister for Social and Family Affairs shall, at such intervals as are specified by a local authority, supply to the local authority such information in his or her possession as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is reasonably necessary for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).

147A. — The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions. ]

148.—(1) In this section “identification number” means—

( a) in the case of an individual, the individual’s personal public service number, and

( b) in the case of a company, the registered number of the company.

(2) On the request of—

( a) a landlord of a dwelling, on his or her furnishing—

(i) his or her identification number, or

(ii) his or her name and the identification number of his or her authorised agent,

or

( b) the Revenue Commissioners, on their furnishing—

(i) the identification number of a landlord of a dwelling, or

(ii) the name of a landlord of a dwelling and the identification number of his or her authorised agent,

the Board shall, at such time or times as are reasonably specified in the request, furnish to the Revenue Commissioners—

(I) confirmation as to whether the landlord has registered a tenancy in respect of a dwelling, and

(II) in the event of there being one or more than one tenancy so registered, such of the particulars registered in respect of it or them as the Revenue Commissioners may require.

Housing Miscellaneous Provisions Act 1992

Minimum notice to quit, etc.

(1) Subject to subsections (2) and (3), a notice by a landlord or a tenant to the other of termination of the tenancy of a house let for rent or other valuable consideration shall not be valid unless it is in writing and is served not less than four weeks before the date on which it is to take effect.

(2) This section shall not apply—

(a) to the tenancy of a house let to a person in connection with this continuance in any office, appointment or employment,

(b) to the tenancy of a house let bona fide for the temporary convenience of or to meet a temporary necessity of the landlord or the tenant,

(c) to a tenancy conferring on the tenant the right to occupy a house for a holiday, or

(d) to such other class or classes of tenancies as may be prescribed for the purposes of this section by the Minister.

(3) Nothing in this section shall prejudice any provision of a contract or rule of law whereby a notice by a landlord or a tenant to the other of termination of a tenancy of a house is to be served more than four weeks before the date on which it is to take effect.

Rent books.

(1) The Minister may make regulations requiring the landlord of a house let for rent or other valuable consideration to provide the tenant of such a house with a rent book or other documentation to the like effect (in this section referred to as “other documentation”).

(2) Regulations under this section may, in particular, but without prejudice to the generality of subsection (1), make provision in relation to all or any one or more of the following:

(a) the class or classes of houses or tenancies in respect of which rent books or other documentation shall be provided;

(b) the particulars to be contained in a rent book or other documentation, including information relating to—

(i) the house,

(ii) the landlord,

(iii) the tenant,

(iv) the terms of the tenancy and the rights and obligations of the tenant and the landlord,

(v) the deposit (if any) paid,

(vi) the rent reserved under the tenancy;

(c) the manner in which payments of rent are recorded or acknowledged;

(d) requirements regarding the proper use of a rent book or other documentation;

(e) such other matters as the Minister considers necessary.

(3) A person authorised by a housing authority for the purposes of this section may, in relation to a house to which regulations under this section apply—

(a) require the tenant to furnish or cause to be furnished to him at a specified time and place such document (if any) purporting to be the rent book or other documentation provided by the landlord;

(b) at all reasonable times enter and inspect the house as respects any particulars required by the regulations to be contained in the rent book or other documentation;

(c) require the landlord to furnish or cause to be furnished to him at a specified time and place the landlord’s books, documents or other records (Whether legible or in a machine readable form) relating to the house and the tenancy thereof.

Prohibition on distress for rent of dwelling.

No distress shall be levied for the rent (including rent-charge) of any premises let solely as a dwelling.

Registration of rented houses.

(1) The Minister may make regulations requiring a landlord of a house let for rent or other valuable consideration to register the tenancy of such a house with the housing authority in whose functional area the house is situate and to furnish such particulars as the regulations may specify, including in each case the name and address of the landlord and of the tenant and the amount of the rent or the value or nature of the other consideration, as the case may be.

(2) Regulations under subsection (1) may be expressed to apply to houses or tenancies of a particular class or classes and may contain such provisions as the Minister considers necessary for the purposes of this section.

(3) […]

(4) A housing authority shall keep a register (in this section referred to as “the register”) for the purposes of this section in respect of all houses in their functional area to which regulations under this section relate and shall make all such entries therein as may from time to time be appropriate in accordance with this section and such regulations.

(5) The register shall be kept at an office of the housing authority designated by them and shall be available for inspection by any person during normal office hours.

(6)

(a) A copy of an entry in the register purporting to be certified by a authorised officer of the housing authority shall, in the absence of any evidence to the contrary, be deemed to have been so certified by the authority and shall be received in evidence accordingly.

(b) Evidence of an entry in the register may be given by the production of a copy thereof certified in accordance with paragraph (a) and it shall not be necessary to produce the register.

(7) Where an application is made to a housing authority for a copy of an entry in the register, the copy shall be issued to the applicant on payment by him of such fee (if any) in respect of each entry as the Minister may, from time to time, prescribe by regulations or as may be determined by the authority where not so prescribed.

(8) All fees received by a housing authority [by virtue of any requirement on landlords relating to the registration of tenancies] shall be paid, as appropriate, into the county fund or the municipal fund.

(9) A person authorised by a housing authority for the purposes of this section may at all reasonable times enter into and inspect a house to which regulations under this section apply as respects any particulars required by the regulations to be furnished to the authority.

(10) References in section 11 of the Housing (Private Rented Dwellings) Act, 1982, and in section 7 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983, to regulations under section 24 of the Housing (Private Rented Dwellings) Act, 1982, shall be construed as references to regulations made or deemed by virtue of section 37 to have been made under this section.

[20A.

Fees

The Minister may make regulations requiring the landlord of a house, let for rent or other valuable consideration to pay to the housing authority such annual or other fee as may be prescribed in relation to the functions of the authority under section 17, 18 or 20.]