Residential Tenancies Act 2004

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Residential Tenancies Act 2004.

2. Commencement.

2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

3. Application of Act.

3.—(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

F1[(1A) (a) Subject tosubsection (7), this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement of paragraph (a) ofsection 3of the Residential Tenancies (Amendment) Act 2019) situated in a building, or part of a building, used for the sole purpose (subject tosubparagraphs (i),(ii)and(iii)) of providing residential accommodation to students during academic term times under a tenancy—

(i) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(ii) whether or not any such students are permitted to reside there outside of those times, and

(iii) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose,

F2[but does not apply to a dwelling]in a building or part of a building used for the first-mentioned purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned.

(b) This subsection is without prejudice tosubsection (1)and accordingly this Act shall, by virtue of that subsection—

(i) continue to apply to any dwelling to which it applied immediately before the commencement ofsection 3of the Residential Tenancies (Amendment) Act 2019 in the same manner as it applied to such dwelling before such commencement, and

(ii) apply to any dwelling—

(I) occupied by a student under a tenancy created on or after such commencement, and

(II) to which this Act would apply hadsections 3and5of the Residential Tenancies (Amendment) Act 2019 not been enacted,

in the same manner as it would apply to a dwelling referred to insubparagraph (i).

(c) The definition of "dwelling" insection 4shall apply for the purposes of this subsection as if "residential unit (whether or not self-contained)" were substituted for "self-contained residential unit".

(d) In this subsection "student" means a person registered as a student with a relevant provider (within the meaning of theQualifications and Quality Assurance (Education and Training) Act 2012).]

(2) Subject to section 4(2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

F3[(c) a dwelling that is let by or to a public authority and without prejudice to the generality of the foregoing, including a dwelling provided by a public authority to an approved housing body other than a dwelling referred to insubsection (2A),]

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978, the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse F4[, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

F5[(2A) Where—

(a) a public authority provides a dwelling, of which it is the owner, to an approved housing body under a contract or lease between the public authority and the approved housing body pursuant to paragraph (ea) ofsection 6(2) of theHousing (Miscellaneous Provisions) Act 1992, and

(b) subsequent to such provision the dwelling concerned is the subject of a tenancy between the approved housing body concerned and a household within the meaning of section 20 of theHousing (Miscellaneous Provisions) Act 2009that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),

for the purposes ofsubsection (1)and without prejudice toparagraph (c)ofsubsection (2)—

(i) this Act applies to that dwelling (including any such dwelling that is the subject of a tenancy created before the coming into operation of this subsection),

(ii) any such tenancy shall not, for the purposes of this Act, be treated as a sub-tenancy arising out of such lease or contract between the public authority and the approved housing body, and

(iii) references in this Act to a sub-tenancy shall not include a dwelling that is the subject of a tenancy between the approved housing body and the household within the meaning ofsection 20of theHousing (Miscellaneous Provisions) Act 2009.]

F6[(3) Notwithstanding the definition of“tenancy”insection 5(1), in this section a reference to a tenancy does not include a tenancyF7[(other than aPart 4tenancy)]the term of which is more than 35 years.]

F5[(4) Without prejudice tosubsection (1), for the purposes of the application of this Act to—

(a) a dwelling referred to insubsection (2A), and

(b) a dwelling, other than a dwelling referred to inparagraph (a), that—

(i)F8[is provided by an approved housing body]to whom assistance is given under subsection (2) ofsection 6of theHousing (Miscellaneous Provisions) Act 1992, other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body,

(ii) is the subject of a tenancy (including a tenancy created before the commencement of this subsection), and

(iii) is let by that approved housing body to a household within the meaning ofsection 20of theHousing (Miscellaneous Provisions) Act 2009that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act),

subsections (5)and(6)(both inserted bysection 3of the Residential Tenancies (Amendment) Act 2015) andsections 3Aand3B(both inserted bysection 4of the Residential Tenancies (Amendment) Act 2015) shall apply to a dwelling referred to inparagraphs (a)and(b).

(5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to insubsection (4)(a)(inserted bysection 3of the Residential Tenancies (Amendment) Act 2015)—

(a) the approved housing body concerned shall be deemed to be a landlord of such dwelling,

(b) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a dwelling, referred to insubsection (4)(a), shall be construed accordingly, and

(c) the person who is the tenant of the dwelling shall be construed in accordance withsubsection (6).

(6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to inparagraphs (a)and(b)ofsubsection (4)(inserted bysection 3of the Residential Tenancies (Amendment) Act 2015)—

(a) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling,

(b) where the household comprises 2 or more persons, whichever of those persons who has been granted occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and

(c) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, referred to inparagraph (a)or(b)ofsubsection (4), the subject of a tenancy, shall be construed accordingly.]

F1[(7) The following provisions of this Act shall not apply to a tenancy of a dwelling referred to insubsection (1A):

(a)paragraphs (k)and(n)ofsection 16,subsections (2)and(3)ofsection 78andclause (II)ofsubparagraph (i)ofparagraph (e)ofsubsection (4)ofsection 135;

(b)F9[sections 60, 70,]71,72,73,81,185,186and195;

(c)Part 4; and

(d)Schedule 1.]

3A. F10[Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)

3A.—(1) A tenant of a dwelling the subject of a tenancy that is referred to insection 3(4)(inserted bysection 3of the Residential Tenancies (Amendment) Act 2015) shall not assign or sub-let the tenancy.

(2) Any sub-tenancy of a dwelling referred to insection 3(4)that is purported to be created shall be void.

(3) Any assignment of a dwelling referred to insection 3(4)that is purported to be made is void.

(4)Section 16(k)shall not apply in respect of a dwelling the subject of a tenancy referred to insection 3(4).]

F11[(5) This section applies to a dwelling referred to insubsection (1A)ofsection 3as it applies to a dwelling referred to insubsection (4)ofsection 3and, accordingly, references in the preceding subsections of this section to the second-mentioned dwelling shall be construed as including references to the first-mentioned dwelling.]

3B. F12[Application of Act to dwellings referred to in section 3(4): supplemental provisions

3B.—For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to insection 3(4)(inserted bysection 3of the Residential Tenancies (Amendment) Act 2015)—

(a) a reference inPart 4to a "continuous period of 6 months", means a continuous period of 6 months that commences on or after the commencement ofsection 3(4),

(b) a reference in this Act to "relevant date" shall be construed as meaning the date on whichsection 3(4)of the Act is commenced,

(c) the ground specified inparagraph 4of the Table tosection 34shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to insection 3(4),

(d)section 50(7)shall not apply to a licensee of a tenant, or multiple tenants, referred to insection 50(7)of a dwelling the subject of a tenancy referred to insection 3(4),

(e)sections 19,20,21and22shall not apply to a dwelling the subject of a tenancy referred to insection 3(4), and

(f)section 139shall not apply in respect of a dwelling the subject of a tenancy referred to insection 3(4).]

3C. F13[Notification to Minister of designations

3C.—Where an approved housing body makes a designation referred to insubsection (5)ofsection 25, it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation.]

4. Interpretation generally.

4.—(1) In this Act, unless the context otherwise requires—

“adjudicator” shall be construed in accordance with section 164(2);

F14["approved housing body" means a body—

(a) approved undersection 6(6) of theHousing (Miscellaneous Provisions) Act 1992for the purposes of section 6 of that Act, and

(b) to which—

(i) assistance undersection 6of theHousing (Miscellaneous Provisions) Act 1992is given for the provision by the approved housing body of dwellingsF15[…], or

(ii) assistance referred to in section 6(2)(ea) of that Act is given;]

“authorised agent” shall be construed in accordance with section 12(1)(e);

F16["BER" has the same meaning as it has in the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012);]

F17["Board" shall be construed in accordance withsection 150(1)andsection 13of the Residential Tenancies (Amendment) Act 2015;]

“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;

“company” means a company within the meaning of the Companies Acts 1963 to 2003;

“contract of tenancy” does not include an agreement to create a tenancy;

“Director” shall be construed in accordance with section 160(1);

“Dispute Resolution Committee” shall be construed in accordance with section 157(2);

“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

“establishment day” means the day appointed under section 149;

F16["floor area" means—

(a) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, the floor area recorded in respect of the dwelling on the BER register on the basis of a BER assessment in accordance with those Regulations, and

(b) in any other case, the floor area within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997);]

“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;

“further Part 4 tenancy” shall be construed in accordance with section 41(2) or 45(2), as appropriate;

F14["housing authority" has the meaning assigned to it bysection 23of theHousing (Miscellaneous Provisions) Act 1992;]

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;

“mediator” shall be construed in accordance with section 164(1);

“Minister” means the Minister for the Environment, Heritage and Local Government;

“Part 4 tenancy” shall be construed in accordance with section 29;

F16["personal public service number" means a number allocated and issued in accordance with section 262 of the Social Welfare Consolidation Act 2005;]

“personal representative” has the same meaning as it has in the Succession Act 1965;

“planning permission” means a permission under section 34 of the Planning and Development Act 2000;

F16["postcode" means postcode within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“public authority” means—

(a) a Minister of the Government or a body under the aegis of a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

F14[(ca) a housing authority,]

F18[(d) the Health Service Executive established undersection 6of the Health Act 2004,]

(e) F19[…]

(f) a voluntary body standing approved of by the Minister for Health and Children or by F20[the Health Service Executive] of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,

(g) F21[…]

(h) F22[…]

F16["registered number", in relation to a company, means the number assigned to the company in the register kept by the Registrar of Companies under section 887 (2) of the Companies Act 2014;]

“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;

“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;

“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;

“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

F16["tax reference number" means the reference number stated on any return of income, form or notice of assessment issued to the company or other body corporate concerned by the Revenue Commissioners;]

“tenancy agreement” includes an oral tenancy agreement;

F16["tenancy of minimum duration" has the meaning assigned to it bysection 35B(1);]

“Tribunal” shall be construed in accordance with section 102(2).

(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—

(a) the second of the references in section 12(1)(h),