Residential Tenancies Act 2004

AN ACT TO PROVIDE—

• (a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS,

• (b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS,

• (c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES,

• (d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND

• (e) FOR RELATED MATTERS. [19th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

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

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

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

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

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

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

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

• (ii) apply to any dwelling—

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

• (II) to which this Act would apply had sections 3 and 5 of the Residential Tenancies (Amendment) Act 2019 not been enacted,

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

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

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

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

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

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

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

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

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

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

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

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

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

• F5[(j) a dwelling consisting of a detached house constructed, erected or placed in the rear garden of a house (in this paragraph referred to as the "principal house"), where—

• (i) the construction, erection or placing of the said dwelling in that rear garden was, at the time of such construction, erection or placing, exempted development within the meaning of the Planning and Development Act 2000 or the Planning and Development Act 2024, and

• (ii) the principal house is—

• (I) the principal private residence (within the meaning of section 473B of the Taxes Consolidation Act 1997) of the landlord of the said dwelling, and

• (II) owned by that landlord.]

• F6[(2A) Where—

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

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

for the purposes of subsection (1) and without prejudice to paragraph (c) of subsection (2) —

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

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

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

• F7[(3) Notwithstanding the definition of “tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy F8[(other than a Part 4 tenancy)] the term of which is more than 35 years.]

• F6[(4) Without prejudice to subsection (1), for the purposes of the application of this Act to—

• (a) a dwelling referred to in subsection (2A), and

• (b) a dwelling, other than a dwelling referred to in paragraph (a), that—

• (i) F9[is provided by an approved housing body] to whom assistance is given under subsection (2) of section 6 of the Housing (Miscellaneous Provisions) Act 1992, other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body,

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

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

subsections (5) and (6) (both inserted by section 3 of the Residential Tenancies (Amendment) Act 2015) and sections 3A and 3B (both inserted by section 4 of the Residential Tenancies (Amendment) Act 2015) shall apply to a dwelling referred to in paragraphs (a) and (b).

• (5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)—

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

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

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

• (6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in paragraphs (a) and (b) of subsection (4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015)—

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

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

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

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

• (a) paragraphs (k) and (n) of section 16, subsections (2) and (3) of section 78 and clause (II) of subparagraph (i) of paragraph (e) of subsection (4) of section 135;

• (b) F10[sections 60, 70,] 71, 72, 73, 81, 185, 186 and 195;

• (c) Part 4; and

• (d) Schedule 1.]

3A. F11[Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)

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

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

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

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

• F12[(5) This section applies to a dwelling referred to in subsection (1A) of section 3 as it applies to a dwelling referred to in subsection (4) of section 3 and, accordingly, references in the preceding subsections of this section to the second-mentioned dwelling shall be construed as including references to the first-mentioned dwelling.]

3B. F13[Application of Act to dwellings referred to in section 3(4): supplemental provisions

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

• (a) a reference in Part 4 to a "continuous period of 6 months", means a continuous period of 6 months that commences on or after the commencement of section 3(4),

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

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

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

• (e) sections 19, 20, 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4), and

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

3C. F14[Notification to Minister of designations

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

4. Interpretation generally.

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

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

F15["approved housing body" means a body—

• (a) approved under section 6(6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and

• (b) to which—

• (i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings F16[…], 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);

F17["BER" has the same meaning as it has in the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012);]

F18["Board" shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015;]

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

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

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

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

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

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

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

F17["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;

F15["housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992;]

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

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

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

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

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

F19[“personal data” has the meaning it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹ on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);]

F17["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;

F17["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,

• F15[(ca) a housing authority,]

• F20[(d) the Health Service Executive established under section 6 of the Health Act 2004,]

• (e) F21[…]

• (f) a voluntary body standing approved of by the Minister for Health and Children or by F22[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) F23[…]

• (h) F24[…]

F17["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;

F17["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;

F17["tenancy of minimum duration" has the meaning assigned to it by section 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),

• (b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17(1),

• (c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,

• (d) the references in subsection (2)(b) and (c) of section 25, and

• (e) the second of the references in sections 136(h), 187(1) and 188(1).

• (4) In this Act—

• (a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,

• (b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,

• (c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

• (d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.

5. “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 F26[or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)];

“tenancy” includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;

“tenant” means the person for the time being entitled to the occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.

• (2) A reference in this Act to—

• (a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and

• (b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.

• (3) Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include—

• (a) legal costs or expenses, or

• (b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.

• (4) Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection F27[and the amount of such costs shall not exceed €5,000].

6. Service of notices.

6.—(1) A notice F30[or other document] required or authorised to be served F28[, issued] or given by or under F31[this Act, section 4 of the Residential Tenancies and Valuation Act 2020, section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 or section 5 of the Residential Tenancies (Amendment) Act 2021] shall, subject to subsection (2), be addressed to the person concerned by name and may be served on F28[, issued to] or given to the person in one of the following ways:

• (a) by delivering it to the person;

• (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

• (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

• F29[(ca) by sending it by electronic means to an email address, fax number or other electronic contact point used by the person for receiving emails, faxes or other electronic messages, where a record that the notice or other document has been sent is made for the sender by the email system, fax machine or other electronic system used;]

• (d) where the notice F30[or other document] relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.

• (2) Where the notice F28[or other document] concerned is to be served on F28[, issued to] or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.

• (3) For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

• (4) A person shall not, at any time during the period of 3 months after a notice F28[or other document] is affixed under subsection (1)(d) remove, damage or deface the notice F28[or other document] without lawful authority.

• (5) A person who contravenes subsection (4) is guilty of an offence.

• (6) Where, in proceedings under Part 6, it is shown that a notice F28[or other document] was served F28[, issued] or given in accordance with the provisions of this section and on the date that it is alleged it was served F28[, issued] or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice F28[or other document] was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.

7. Service or giving of notice on behalf of another.

7.—Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.

8. Regulations and orders.

8.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

• F32[(1A) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.]

• (2) Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

• (3) The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).

• (4) An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.

9. Offences.

9.—(1) A person guilty of an offence under F33this Act F34[(other than an offence under section 148S(16))], section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the [Planning and Development, and Residential Tenancies, Act 2020] shall be liable on summary conviction to a F35[class A fine] or imprisonment for a term not exceeding F35[12 months] or both.

• (2) If the contravention in respect of which a person is convicted F36[is a summary offence] under F33this Act, [section 4](https://www.irishstatutebook.ie/eli/2020/act/7/section/4) of the [Residential Tenancies and Valuation Act 2020](https://www.irishstatutebook.ie/eli/2020/act/7) or [section 10](https://www.irishstatutebook.ie/eli/2020/act/27/section/10) or [11](https://www.irishstatutebook.ie/eli/2020/act/27/section/11) of the [Planning and Development, and Residential Tenancies, Act 2020] F36[and is continued] after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a F36[class D fine].

• (3) F37[Summary proceedings] in relation to an offence under F33this Act, [section 4](https://www.irishstatutebook.ie/eli/2020/act/7/section/4) of the [Residential Tenancies and Valuation Act 2020](https://www.irishstatutebook.ie/eli/2020/act/7) or [section 10](https://www.irishstatutebook.ie/eli/2020/act/27/section/10) or [11](https://www.irishstatutebook.ie/eli/2020/act/27/section/11) of the [Planning and Development, and Residential Tenancies, Act 2020] may be brought and prosecuted by the Board.

• (4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, F38[summary] proceedings for an offence under this Act may be instituted at any time within F37[3 years] after the date of the offence.

• (5) Where a person is convicted of an offence under F33this Act, [section 4](https://www.irishstatutebook.ie/eli/2020/act/7/section/4) of the [Residential Tenancies and Valuation Act 2020](https://www.irishstatutebook.ie/eli/2020/act/7) or [section 10](https://www.irishstatutebook.ie/eli/2020/act/27/section/10) or [11](https://www.irishstatutebook.ie/eli/2020/act/27/section/11) of the [Planning and Development, and Residential Tenancies, Act 2020] the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.

10. Repeal and revocation.

10.—(1) Section 5 of the Criminal Law Amendment Act 1912 is repealed.

• (2) The Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996) are revoked.

11. Expenses.

11.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Tenancy Obligations of Landlords and Tenants

Chapter 1 Provisions regarding landlord's obligations

12. Obligations of landlords.

12.—(1) In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall—

• (a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling,

• (b) subject to subsection (2), carry out to—

• (i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992, and

• (ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed,

• F40[(ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned,]

• (c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy—

• (i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and

• (ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling,

• (d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease,

• (e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being,

• (f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

• (g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied—

• (i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and

• (ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—

• (I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or

• (II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment,

• (h) if the dwelling is one of a number of dwellings comprising an apartment complex—

• (i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex,

• (ii) forward to the tenant any initial response by the management company to that complaint, and

• (iii) forward to the tenant any statement in writing of the kind referred to in section 187(2) made by the management company in relation to that F41[complaint,]

• F39[(i) in the case of a tenancy (other than F43[a tenancy of a dwelling referred to in section 3(4), a cost rental tenancy (within the meaning of the Affordable Housing Act 2021) or] a tenancy to which section 5(4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 (in this paragraph referred to as a "relevant tenancy"), furnish the tenant F44[…], in writing, with the following information at the commencement of the relevant tenancy:

• (i) the amount of rent that was last set under the most recent previous tenancy, if any, of the dwelling;

• (ii) the date the rent was last set under the most recent previous tenancy, if any, of the dwelling;

• (iii) a statement as to how the rent set under the relevant tenancy has been calculated having regard to section 19;

• (iv) the number assigned under section 135(3) in respect of the most recent previous tenancy, if any, of the dwelling;

• (v) by reference to the published register, the amount of rent payable and the number assigned under section 135(3) in respect of the most recent tenancy, preceding the date of commencement of the relevant tenancy, of each of 3 dwellings—

• (I) of a similar size (determined by reference to floor area), number of bedrooms, type, character and (where applicable) BER to the dwelling the subject of the relevant tenancy, and

• (II) situated in a comparable area to that in which the dwelling the subject of the relevant tenancy is situated.]

• (2) Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16(f).

• (3) The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.

• (4) Subsection (1)(d) applies and has effect subject to the following provisions:

• (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in—

• F45[(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or]

• (ii) compliance with section 16(f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16(f) is equal to or greater than the amount of the deposit,

• F45[(b) where, at the date of the request for return or repayment, there is a default in—

• (i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or

• (ii) compliance with section 16(f),

and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).]

• (5) For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.

• F46[(6) A landlord under a tenancy to which subsection (1)(i) applies shall, within one month from the commencement of a tenancy, give to the Board, in writing, the information required to be furnished to the tenant under that paragraph.

• (7) Where, after the expiration of the one month period referred to in subsection (6), it appears to the Board that a landlord referred to in that subsection (6) has failed to give to the Board, in writing, the information referred to in that subsection, the Board may serve the notice referred to in subsection (8).

• (8) 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) give to the Board, in writing, the information referred to in subsection (6), or

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

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

• (a) does not give to the Board, in writing, the information referred to in subsection (6), 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 give to the Board, in writing, the information referred to in subsection (6), that the Board’s opinion has not altered and that, if the landlord fails to do so within 14 days from the receipt by the landlord of the notice, the landlord shall be guilty of an offence.

• (10) A landlord who fails to comply with a notice under subsection (9) within 14 days from the receipt by the landlord of the notice shall be guilty of an offence.

• (11) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (10), it may serve on the person a notice in the prescribed form (in this section referred to as a “fixed payment notice”) stating that—

• (a) the person is alleged to have committed an offence under subsection (10) (in this section referred to as the “alleged offence”),

• (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

• (c) the person is not obliged to make the payment specified in the notice,

• (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

• (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (12) Where a fixed payment notice is served

• (a) the person to whom it applies may make a payment in accordance with subsection (11)(b),

• (b) the Board shall, upon receipt of the payment, issue a receipt for it,

• (c) any payment received by the Board shall not be recoverable by the person who made it, and

• (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (11)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (13) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (11)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (14) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.]

13. Section 12(1)(b): supplemental regulations.

13.—(1) The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12(1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings.

• (2) In making regulations under this section, the Board—

• (a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation,

• (b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.

• (3) Different regulations may be made under this section in respect of different classes of dwelling.

14. Prohibition on penalisation of tenants.

14.—(1) A landlord of a dwelling shall not penalise a tenant for—

• (a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,

• (b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),

• (c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or

• (d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.

• (2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.

• (3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—

• (a) the frequency or extent to which the right is exercised in relation to the tenant,

• (b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and

• (c) any other relevant circumstances,

it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.

• (4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.

15. Duty owed to certain third parties to enforce tenant's obligations.

15.—(1) A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.

• (2) In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.

• (3) This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.

• (4) Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.

Chapter 2 Provisions regarding tenant's obligations

16. Obligations of tenants.

16.—In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall—

• (a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)—

• (i) the rent provided for under the F50[tenancy agreement] on the date it falls due for payment, F51[…]

• (ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any F50[other enactment), and]

• F52[(iii) the deposit, if any, provided for under the tenancy agreement,]

• (b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord’s obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992),

• (c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling,

• F49[(ca) on the request of the landlord or any person or persons acting on the landlord’s behalf in relation to the landlord’s intended entry into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34 (in this paragraph referred to as an "intended transfer"), allow, at reasonable intervals—

• (i) the landlord,

• (ii) any person or persons acting on the landlord’s behalf,

• (iii) a prospective buyer of the dwelling (accompanied by a person referred to in subparagraph (i) or (ii)), or

• (iv) any person or persons acting on the prospective buyer’s behalf (accompanied by a person referred to in subparagraph (i) or (ii)),

access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling in connection with the intended transfer.]

• (d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment,

• (e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,

• (f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to—

• (i) the time that has elapsed from the commencement of the tenancy,

• (ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and

• (iii) any other relevant matters,

• (g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose,

• (h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way,

• (i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling,

• (j) if any act of the tenant’s, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element),

• (k) F53[subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let] the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold),

• (l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord—

• (i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold,

• (ii) in any other case, may, in his or her discretion, withhold,

• (m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and

• (n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.

17. Section 16:interpretation and supplemental.

17.—(1) In section 16—

“alter or improve”, in relation to a dwelling, includes—

• (a) alter a locking system on a door giving entry to the dwelling, and

• (b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling),

“behave in a way that is anti-social” means—

• (a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others,

• (b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or

• (c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation—

• (i) by any other person residing in the dwelling concerned, of that dwelling,

• (ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or

• (iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

• (2) The reference in section 16(b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.

• (3) The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).

• (4) If the amount of the premium referred to in section 16(j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.

18. No contracting out from terms of section 12 or 16 permitted, etc.

18.—(1) Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16.

• (2) Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.

• (3) Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.

PART 3 Rent and Rent Reviews

19. Setting of rent above market rent prohibited.

19.—(1) In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.

• (2) The reference in this section to the setting of the rent under a tenancy is a reference to—

• (a) the initial setting of the rent under the tenancy, and

• (b) any subsequent setting of the rent under the tenancy by way of a review of that rent.

• F56[(3) The setting of the rent under the tenancy of a dwelling that is carried out on or after the F57[1 March 2026] shall be subject to subsections (4) to (7).]

• F58[(4)
• (a) The setting (in this subsection referred to as the "next setting") of a rent under the tenancy of a dwelling F59[…] shall F60[, subject to paragraph (aa)] neither—

• (i) result in such increase in rent as would cause the new rent under the tenancy to exceed the old rent by more than the relevant percentage, nor

• (ii) result in such increase in rent as would cause the ratio of the new rent under the tenancy to the old rent to exceed the ratio of the current F61[CPI number] to the previous F61[CPI number].

• F62[(aa) subparagraph (i) of paragraph (a) shall not apply where—

• (i) the dwelling is one of a number of dwellings comprising an apartment complex or a dwelling situated in a building or part of a building referred to in subsection (1A) of section 3 to which this Act applies,

• (ii) a commencement notice or a 7 day notice, as the case may be, was given or submitted to a building control authority on or after 10 June 2025, and any regulations made under section 6 (2) of the Building Control Act 1990 have been complied with, in respect of—

• (I) works consisting of construction of the apartment complex, or building or part of a building, as the case may be, in which the dwelling is situated,

• (II) works consisting of an extension to permanently increase the floor area of the apartment complex, or building or part of a building in which the dwelling is situated, by an amount not less than 25 per cent of that floor area as it stood immediately before the commencement of the works, or

• (III) works in respect of a change of use of a structure to create the apartment complex, or building or part of a building in which the dwelling is situated, where on completion of the works the apartment complex or building or part of a building, as the case may be, occupies not less than 25 per cent of the floor area of the structure as it stood immediately before the commencement of the works.]

• (b) In this subsection—

"current F63[CPI number]" means the F63[CPI number] published by the Board in accordance with subsection (4C) relating—

• (a) to the month immediately preceding the month in which the next setting takes place, or

• (b) in a case in which the F63[CPI number] relating to the month first-mentioned in paragraph (a) is not so published on or before the next setting, to the month immediately preceding that month;

"new rent" means, in relation to the tenancy of a dwelling, the rent under the tenancy set at the next setting;

"old rent" means, in relation to the tenancy of a dwelling—

• (a) the rent under that tenancy set at the previous setting, or

• (b) where that tenancy is a new tenancy, the rent under the tenancy (immediately preceding the new tenancy) of that dwelling set at the previous setting;

"previous F63[CPI number]" means—

• (a) in relation to a previous setting that took place before F64[1 March 2026], the F63[CPI number] published by the Board in accordance with subsection (4C) relating to the month in which the previous setting took place,

• (b) in relation to a previous setting that takes place on or after F64[1 March 2026]—

• (i) the F63[CPI number] published by the Board in accordance with subsection (4C) relating to the month immediately preceding the month in which the previous setting took place, or

• (ii) in circumstances where the F63[CPI number] referred to in subparagraph (i) was not so published by the time the previous setting took place, the F63[CPI number] so published relating to the month immediately preceding the month first-mentioned in that subparagraph;

"previous setting" means, in relation to the next setting of a rent under the tenancy of a dwelling, the most recent setting (before the next setting) of the rent under—

• (a) that tenancy of the dwelling, or

• (b) where the next setting relates to a new tenancy of that dwelling, the tenancy of that dwelling immediately preceding the new tenancy;

"relevant percentage" means, in relation to the setting of the rent under the tenancy of a dwelling—

• (a) 2 per cent of the old rent in respect of each year that has elapsed since the previous setting, and

• (b) as respects any additional period that has elapsed between the previous setting and the next setting that is shorter than a year, such percentage as bears to 2 per cent the same proportion that that period bears to a year.

• (c) For the purposes of this subsection, a tenancy immediately precedes a new tenancy if—

• (i) it expired at any time—

• (I) during the period of 2 years prior to the creation or coming into being of the new tenancy, or

• (II) in the case of a new tenancy to which subparagraph (i) of paragraph (a) of subsection (5) applies, during the period of one year prior to the creation or coming into being of the new tenancy, and

• (ii) no other tenancy was created or came into being during the period between the expiration of that tenancy and the creation, or coming into being, of the new tenancy.]

• F65[(4A) F66[…]

• (4B) F66[…]

• (4C) The Board shall—

• (a) F67[…]

• F68[(aa) establish and maintain a rent increase calculator to calculate any increase in rent in accordance with subsection (4),]

• (b) publish and keep up to date a table of F69[CPI numbers] published by the Central Statistics Office.

• (4D) The Minister, for the purposes of F70[subsections (4) and (4C)], may prescribe—

• (a) F71[…]

• F72[(aa) the means by which the rent increase calculator referred to in subsection (4C)(aa) shall operate to accurately calculate any increase in rent by applying the CPI numbers to the rent,]

• (b) the information to be furnished in the table referred to in subsection (4C)(b), F73[and]

• (c) the form and manner of publication by the Board of that calculator and F70[table.]

• (d) F74[…]]

• F56[(5) F75[Subsection (4) does not apply]—

• F76[(a) to the rent first set under a tenancy created on or after 1 March 2026 of—

• (i) a dwelling—

• (I) in a protected structure or proposed protected structure within the meaning of section 2 of the Planning and Development Act 2024, or

• (II) that is such a structure,

provided that no tenancy in respect of that dwelling subsisted during the period of one year immediately preceding the date on which the tenancy concerned was created,

• (ii) a dwelling, other than a dwelling referred to in subparagraph (i), in respect of which no tenancy subsisted during the period of two years immediately preceding the date on which the tenancy concerned was created,

• (iii) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy during the period of two years immediately preceding the date on which the tenancy concerned was created, was—

• (I) a Part 4 tenancy that was terminated by the landlord by serving a notice of termination on the tenant of the dwelling that cited as a reason or reasons for the termination the ground or grounds specified in paragraph 1, 1A or 2 of the Table to section 34, or

• (II) a tenancy to which Part 4 did not apply that was terminated by the landlord by serving a notice of termination that stated as a reason or reasons for the termination the grounds referred to in section 62(1)(da)(i), (ii) or (iii),

or

• (iv) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy was terminated by the tenant,]

• F77[(aa) in the case of a tenancy (other than a tenancy to which section 5 (4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 of a dwelling (other than a dwelling referred to in subsection (1A) of section 3), to the rent set under the tenancy following a period of not less than 6 years during which—

• (i) subsection (4) applied to the rent under the tenancy, and

• (ii) any setting of that rent was in compliance with the requirements of subsection (4),

• (ab) in the case of a tenancy created on or after 1 March 2026 and before 1 March 2029 of a dwelling referred to in subsection (1A) of section 3, to the rent set under the tenancy following a period of not less than 3 years during which—

• (i) subsection (4) applied to the rent under the tenancy, and

• (ii) any setting of that rent was in compliance with the requirements of subsection (4),

• (ac) in the case of a tenancy created on or after 1 March 2029 of a dwelling referred to in subsection (1A) of section 3 that was such a dwelling for the 3 years immediately preceding the date on which the tenancy concerned was created—

• (i) to the rent first set under the tenancy, provided that—

• (I) a tenancy in respect of the dwelling subsisted for at least 6 months during each of those 3 years,

• (II) subsection (4) applied to the rent under the tenancy or tenancies, and

• (III) any setting of that rent was in compliance with the requirements of subsection (4),

and

• (ii) to any rent subsequently set under the tenancy following a period of not less than 3 years during which—

• (I) subsection (4) applied to the rent under the tenancy or tenancies, and

• (II) any setting of that rent was in compliance with the requirements of subsection (4), or]

• (b) if, in the period since the rent was last set under a tenancy for the dwelling—

• (i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and

• (ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be F78[greater than] the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling.]

• F79[(5A) For the purposes of paragraph (b) of subsection (5), a substantial change in the nature of the accommodation provided under the tenancy shall only have taken place where—

• (a) the works carried out to the dwelling concerned—