Residential Tenancies (Amendment) Act 2015

PART 1 Preliminary and General

1.. Short title, collective citation, construction and commencement

1. (1) This Act may be cited as the Residential Tenancies (Amendment) Act 2015.

(2) The Residential Tenancies Acts 2004 and 2009 and this Act, other than subsection (3) and sections 15, 85 and 87, may be cited together as the Residential Tenancies Acts 2004 to 2015 and shall be construed together as one.

(3) The Housing Acts 1966 to 2014, sections 15, 85 and 87 and this subsection may be cited together as the Housing Acts 1966 to 2015 and shall be construed together as one.

(4) This Act, other than section 25, subparagraph (i) of paragraph (a) of subsection (1) of section 26, section 26(2) and section 31, 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 provisions.

2.. Interpretation

2. In this Act—

“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009;

“Board” has the meaning assigned to it by section 4 of the Principal Act;

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

“Principal Act” means the Residential Tenancies Act 2004.

PART 2 Application of Principal Act to certain dwellings let by approved housing bodies to certain tenants

3.. Amendment of section 3 of Principal Act

3. (1) Section 3(2) of the Principal Act is amended by substituting the following paragraph for paragraph (c):

“(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),”.

(2) Section 3 of the Principal Act is amended by inserting the following subsection after subsection (2):

“(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.”.

(3) Section 3 of the Principal Act is amended by inserting the following subsections after subsection (3):

“(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) is owned and 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.”.

4.. Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of Principal Act

4.(1) The Principal Act is amended by inserting the following new sections after section 3:

“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).

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).

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.”.

(2) Section 5 of the Principal Act is amended in the definition of “relevant date” by inserting “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)” after “is commenced”.

(3) Section 16(k) of the Principal Act is amended by substituting “subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let” for “not assign or sub-let”.

(4) Section 27 of the Principal Act is amended by inserting “or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015)” after “commences on or after the relevant date”.

5.. Amendment of section 4 of Principal Act

5. Section 4(1) of the Principal Act is amended—

(a) by inserting the following definitions:

“ ‘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 owned by it, or

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

‘housing authority’ has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992;”,

and

(b) in the definition of “public authority”, by inserting the following paragraph after paragraph (c):

“(ca) a housing authority,”.

6.. Setting of rent under tenancy for dwellings referred to in section 3(4)

6. The Principal Act is amended by inserting the following section after section 19:

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

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

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

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

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

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

7.. Rent review for dwellings referred to in section 3(4) of Principal Act

7. The Principal Act is amended by inserting the following section after section 20:

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

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

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

8.. Notification of change in amount of rent following review under section 20A

8. The Principal Act is amended by inserting the following section after section 22:

“22A. Where, following a review of rent under section 20A, there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable.”.

9.. Amendment of section 25 of Principal Act

9. Section 25 of the Principal Act is amended by inserting the following subsections after subsection (4):

“(5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where—

(a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and

(b) the consent of the public authority which—

(i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4), a party to the lease or contract referred to in section 3(2A), or

(ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4), the assistance referred to in that paragraph,

has, in respect of the designation referred to in paragraph (a), been obtained by the approved housing body before it makes the designation.

(6) In subsection (5) ‘transitional dwelling’ means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned.

(7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015, an approved housing body had not, for the purposes of subsection (5), made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned—

(a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and

(b) shall notify the Minister of that designation not later than 3 months after it is made.”.

10.. Amendment of section 39 of Principal Act

10. Section 39 of the Principal Act is amended—

(a) in subsection (1) by substituting “, 4 and 6” for “and 4”, and

(b) by inserting the following subsection after subsection (5):

“(6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), a person to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless—

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

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

11.. Amendment of section 50 of Principal Act

11. Section 50 of the Principal Act is amended in subsection (7) by substituting “may, subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), request” for “may request”.

12.. Amendment of section 78 of Principal Act for purpose of Part 2

12. Section 78 of the Principal Act is amended, in paragraph (b) of subsection (1), by inserting “or, as the case may be, section 19A” after “section 19”.

13.. Change of name of Board

13. (1) The board established under section 150 of the Principal Act shall, on and from the commencement of this section, be re-named An Bord um Thionóntachtaí Cónaithe or, in the English language, the Residential Tenancies Board.

(2) Section 4 of the Principal Act is amended in subsection (1) by substituting the following for the definition of “Board”:

“ ‘Board’ shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015;”.

(3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board.

(4) The Principal Act is amended—

(a) in section 131—

(i) in subsection (1), by deleting “private”, and

(ii) in subsection (2), by substituting “ ‘rented sector’ ” for “private rented sector”,

(b) in section 151(1) —

(i) in paragraph (c), by deleting “private”,

(ii) in paragraph (d), by deleting “private”,

(iii) in paragraph (e), by deleting “private”, and

(iv) in paragraph (f), by deleting “private” in each place where it occurs,

(c) in section 151(2), by deleting “private”,

(d) in section 151 by substituting the following subsection for subsection (4):

“(4) In this section ‘rented sector’ means—

(a) the sector of commercial activity in the State consisting of the letting of dwellings, and

(b) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015), to households referred to in that subsection.”,

and

(e) in section 181—

(i) in subsection (1), by deleting “private”, and

(ii) in subsection (3), by substituting “ ‘rented sector’ ” for “ ‘private rented sector’ ”.

14.. Change of name of register

14. (1) The register established and maintained under section 127(1) of the Principal Act shall, on and from the commencement of this section, be re-named the “residential tenancies register”.

(2) In any enactment or any instrument under an enactment references to the private residential tenancies register shall be construed as references to the residential tenancies register.

15.. Amendment of section 20 of Act of 2009

15. Section 20 of the Act of 2009 is amended by substituting the following subsection for subsection (1):

“(1) For the purposes of this section ‘household’ means—

(a) a person who lives alone,

(b) 2 or more persons who live together, or