PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

• (a) in subsection (2), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “of the Act of 2001”, and

• (b) in subsection (2A), “, or Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “of the Act of 2001”.

17. Construction of section 125 (appeals, referrals and applications with which the Board is concerned) of Act of 2000 during specified period

17. Section 125 of the Act of 2000 has effect during the specified period as if the following were substituted for paragraph (b):

• “(b) (i) to the extent provided, to applications made to the Board under section 37E or section 37L,

  • (ii) except where otherwise provided for by the Planning and Development (Housing) and Residential Tenancies Act 2016, to applications made to the Board under section 4 of that Act, and

  • (iii) to any other matter with which the Board may be concerned,”.

18. Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period

18. Section 134 of the Act of 2000 has effect during the specified period—

• (a) as if the following were substituted for subsection (1):

• “(1)

  • (a) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5, an application under section 37E or, subject to paragraph (b), an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

  • (b) Before deciding if an oral hearing for an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 should be held, the Board—

    • (i) shall have regard to the exceptional circumstances requiring the urgent delivery of housing as set out in the Action Plan for Housing and Homelessness, and

    • (ii) shall only hold an oral hearing if it decides, having regard to the particular circumstances of the application, that there is a compelling case for such a hearing.

  • (c) In paragraph (b) ‘Action Plan for Housing and Homelessness’ means the document entitled ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’ published by the Government on 19 July 2016.”,

• (b) as if in subsection (2)(a) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 37E” where it first occurs,

• (c) as if in subsection (2)(a) “or under the said section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it last occurs,

• (d) as if in subsection (2)(c)(iii) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 254(6) ”,

• (e) as if in subsection (2)(d) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it first occurs,

• (f) as if in subsection (2)(d) there were inserted the following after subparagraph (ii):

• “(iii) in respect of an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016, within the period specified in a notice under section 8 of that Act within which the person may make submissions or observations to the Board in relation to the application,”,

• (g) as if in subsection (3)(a) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”, and

• (h) as if in subsection (4)(b)(i) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”.

19. Construction of section 144 (fees payable to Board) of Act of 2000 during specified period

19. Subsection (1A) of section 144 of the Act of 2000 has effect during the specified period—

• (a) as if in paragraph (b) “or for any strategic housing development (within the meaning of section 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016)” were inserted after “for any strategic infrastructure development”,

• (b) as if in paragraph (c) “or a request for a consultation under section 5 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “the Act of 2001”,

• (c) as if there were inserted the following after paragraph (d):

• “(da) a request for a determination under section 7(1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”,

• (d) as if in paragraph (e) “or under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 173(3),”,

• (e) as if there were inserted the following after paragraph (e):

• “(ea) a request for an opinion in writing on what information will be required to be contained in a Natura impact statement under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”,

and

• (f) as if in paragraph (j) “section 8 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 226,”.

20. Construction of section 172 (requirement for environmental impact statement) of Act of 2000 during specified period

20. Subsection (1A) of section 172 of the Act of 2000 has effect during the specified period as if in paragraph (a)(i) there were inserted the following after clause (III):

• “(IIIA) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.

21. Construction of section 174 (transboundary environmental impacts) of Act of 2000 during specified period

21. Section 174 of the Act of 2000 has effect during the specified period as if in subsection (2) “and section 9(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “182D(1),”.

22. Construction of sections 176A, 176B and 176C (screening for environmental impact assessment) of Act of 2000 during specified period

22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.

23. Construction of section 177R (interpretation) of Act of 2000 during specified period

23. Subsection (1) of section 177R of the Act of 2000 has effect during the specified period as if in paragraph (a) of the definition of “proposed development” there were inserted the following after subparagraph (iii):

• “(iiia) development to which Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 relates;”.

24. Construction of section 191 (right to compensation) of Act of 2000 during specified period

24. Section 190 of the Act of 2000 has effect during the specified period as if in subsection (1) “or an application for permission under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “under Part III”.

25. Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period

F53[25. The Fourth Schedule to the Act of 2000 has effect as if the following were inserted after paragraph 18:

“18A. In the case of a proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ), the environmental impact assessment report or Natura impact statement, or both, submitted with the application for permission under section 4 of that Act is or are inadequate or incomplete.”.]

25A. F55[Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period

25A. The Fifth Schedule to the Act of 2000 has effect during the specified period as if in paragraph 1 ‘or section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016’ were inserted after ‘section 34(4)(g)’.

• (2) Section 1(3) of the Act of 2016 (which relates to commencement of provisions of that Act) applies to the commencement of the amendment provided for by subsection (1).]

Chapter 2 Environmental impact assessment - screening

26. Screening for environmental impact assessment

26. F57[…]

27. Consequential amendments (Chapter 2) to Act of 2000

27. The Act of 2000 is amended—

• (a) in subsection (2) of section 7 by substituting the following for paragraph (bb):

• “(bb) where applicable—

  • (i) a screening determination for environmental impact assessment (within the meaning of section 176A(1)) and the reasons therefor, or

  • (ii) the outcome of screening for appropriate assessment and the reasons therefor,”,

• (b) in subsection (1A) of section 144 by inserting the following after paragraph (h):

• “(ha) a determination review or an application referral under section 176C;”,

• (c) in subsection (2) of section 176 by inserting the following after paragraph (d):

• “(da) the carrying out of a screening for environmental impact assessment (within the meaning of section 176A), or a determination review or application referral (within the meaning of section 176C);”,

• (d) in section 177U by inserting the following after subsection (9):

• “(10) In deciding upon an application under section 176A or a determination review or an application referral under section 176C, a planning authority or the Board, as the case may be, shall, where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.”,

and

• (e) in subsection (1) of section 246 by inserting the following after paragraph (c):

• “(ca) the payment to planning authorities of prescribed fees in relation to applications for determinations under section 176A,”.

Chapter 3 Miscellaneous constructions and amendments to Planning and Development Act 2000

28. Amendment, etc., of section 42 (power to extend appropriate period) of Act of 2000

28.F58[ (1) Section 42 of the Act of 2000 is amended—

• (a) in subsection (1) by substituting the following for paragraph (a):

‘(a) (i) the authority is satisfied that—

• (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

• (II) an environmental impact assessment or an appropriate assessment, or both of those assessments, was or were not required before the permission was granted,

• (III) substantial works were carried out pursuant to the permission during that period, and

• (IV) the development will be completed within a reasonable time,’,

and

• (b) by substituting the following for subsection (4):

‘(4) A decision to extend the appropriate period of a permission shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.’.]

• (2) During the period from the passing of this Act until 31 December 2021, section 42 of the Act of 2000 has effect—

• F59[(a) as if the following subsection were inserted after subsection (1):

‘(1A) (a) Notwithstanding anything to the contrary in subsection (1) or (4), a planning authority shall—

• (i) as regards a particular permission in respect of a development that relates to 20 or more houses and in respect of which an environmental impact assessment or an appropriate assessment, or both of those assessments, were not required before the permission was granted, and

• (ii) upon application being duly made to the authority setting out the reasons why the development cannot be reasonably completed within the appropriate period,

further extend the appropriate period by such additional period not exceeding 5 years, or until 31 December 2021, whichever first occurs, but the authority shall only so extend that period where the authority—

• (I) considers it requisite to enable the development to which the permission relates to be completed,

• (II) is satisfied that the application is in accordance with such regulations under the Planning and Development Acts 2000 to 2016 as apply to the application,

• (III) is satisfied that any requirements of, or made under those regulations are complied with as regards the application,

• (IV) is satisfied that the development to which the permission relates was—

• (A) commenced, and

• (B) substantial works were carried out,

before the expiration of the appropriate period or any extension of that period, and

• (V) is satisfied that in the case of a permission—

• (A) where the expiry of the appropriate period as extended occurred or occurs during the period from 19 July 2016 to the day preceding the day that section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation, the application is duly made within 6 months of the said commencement date, or

• (B) where the appropriate period as extended expires on or after the date of commencement of section 28(2) of the Planning and Development (Housing) and Residential Tenancies Act 2016, the application is duly made within the period prescribed for the purposes of section 43(2).’,]

• (b) as if in subsection (2) there were substituted “subsection (1) or (1A)” for “subsection (1)”, and

• (c) as if in subsection (4) there were substituted “Except where subsection (1A) applies, a decision” for “A decision”.

29. Amendment of section 179 (local authority own development) of Act of 2000

29. Section 179 of the Act of 2000 is amended—

• (a) in subsection (3) by substituting in paragraph (a) “shall, within 8 weeks after the expiration of the period” for “shall, after the expiration of the period”,

• (b) in subsection (4) by substituting in paragraph (a) “, within 6 weeks of the receipt of the report of the manager,” for “, as soon as may be,”, and

• (c) in subsection (4), by substituting the following for paragraph (c):

• “(c) For a resolution to have effect under paragraph (b) —

• (i) it has to be passed not later than 6 weeks after the receipt of the manager’s report, and

• (ii) in the case of a resolution not to proceed with a proposed development, it shall state the reasons for such resolution.”.

PART 3 Amendments to Residential Tenancies Act 2004

30. Definition (Part 3)

30. In this Part and the Schedule “Act of 2004” means the Residential Tenancies Act 2004.

31. Amendment of section 3 (application of Act) of Act of 2004

31. Section 3 of the Act of 2004 is amended in subsection (4)(b)(i) by substituting “is provided by an approved housing body” for “is owned and provided by an approved housing body”.

32. Amendment of section 4 (interpretation generally) of Act of 2004

32.Section 4 of the Act of 2004 is amended in subsection (1) by deleting “owned by it” in paragraph (b)(i) of the definition of “approved housing body”.

33. Amendment of section 12 (obligations of landlords) of Act of 2004

33. Section 12 of the Act of 2004 is amended in subsection (1) by substituting “complaint,” for “complaint.” in paragraph (h)(iii) and inserting the following paragraph after paragraph (h):

• “(i) in the case of a tenancy of a dwelling in a rent pressure zone (within the meaning given in section 19(7)), where the tenancy commences on or after the commencement of section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016, furnish the tenant, in writing, with the following information at the commencement of the tenancy:

• (i) the amount of rent that was last set under a tenancy for the dwelling;

• (ii) the date the rent was last set under a tenancy for the dwelling;

• (iii) a statement as to how the rent set under the tenancy of the dwelling has been calculated having regard to section 19(4).”.

34. Amendment of section 19 (setting of rent above market rent prohibited) of Act of 2004

34. Section 19 of the Principal Act is amended by inserting the following subsections after subsection (2):

• “(3) The setting of the rent under the tenancy of a dwelling that is carried out on or after the relevant date shall be subject to subsections (4) to (7).

• (4) Subject to subsection (5), in setting, at any particular time, the rent under a tenancy of a dwelling in a rent pressure zone, an amount of rent shall not be provided for that is greater than the amount determined by the formula—

R x (1 + 0.04 x t/m)

where—

m is—

- (a) 24, where section 24C(1)(a) applies, or

- (b) 12, in any other case,

  R is the amount of rent last set under a tenancy for the dwelling,

  t is the number of months between—

- (a) (i) the date the current rent came into effect under a tenancy for the dwelling, or

    - (ii) where paragraph (a) does not apply but the dwelling was previously let, other than in circumstances to which subsection (5) applies, the date rent became payable under a tenancy for the dwelling as last so let,

      and

- (b) the date the rent for the tenancy of the dwelling will come into effect after its determination under this subsection.

• (5) Subsection (4) does not apply—

  • (a) where a dwelling has not at any time been the subject of a tenancy during the period of 2 years prior to the date the area is prescribed under section 24A as a rent pressure zone or deemed to be so prescribed;

  • (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 different to what was the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling.

• (6) Where immediately before the relevant date a notice under section 22(2)—

  • (a) has been served on the tenant, or

  • (b) the rent review concerned has commenced,

  then subsections (3) and (4) shall not apply to the new rent, referred to in section 22(2), stated in that notice in accordance with that section.

• (7) In this section—

‘relevant date’ means the date section 33 of the Planning and Development (Housing) and Residential Tenancies Act 2016 comes into operation;

‘rent pressure zone’ means an area—

- (a) prescribed by the Minister by order under section 24A as a rent pressure zone under that section, or

- (b) in respect of an area to which section 24B relates, deemed to be so prescribed by the Minister under section 24A.”.

35. Amendment of section 22 (tenant to be notified of new rent) of Act of 2004

35. Section 22 of the Act of 2004 is amended in subsection (2A)—

• (a) by substituting “paragraph (c) ” for “paragraph (d) ” in paragraph (d), and

• (b) by deleting “and” where it last occurs in paragraph (d), substituting “signed, and” for “signed.” in paragraph (e) and inserting the following paragraph after paragraph (e):

• “(f) where the dwelling is in a rent pressure zone (within the meaning given in section 19(7)), state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does not apply.”.

36. Rent pressure zones and areas deemed to be rent pressure zones

36. The Act of 2004 is amended by inserting the following sections after section 24:

“Rent pressure zones

24A. (1) The Housing Agency, following consultation with the relevant housing authority, may make a proposal in writing to the Minister that an area be prescribed by order as a rent pressure zone.

• (2) As soon as practicable, but no later than 1 week after the date of receipt of the proposal under subsection (1), the Minister shall request the Director to make a report to the Minister (in this section referred to as a ‘rent zone report’), in such form as the Minister may approve, on whether, in so far as the area the subject of the proposal is concerned, the criteria specified in subsection (4) for designation as a rent pressure zone are satisfied.

• (3) Within 2 weeks after the date that the Minister made the request under subsection (2), the Director shall furnish the Minister with the rent zone report.

• (4) In making a rent zone report to the Minister, the Director shall confirm whether or not the following criteria have been met—

  • (a) the information relating to the area concerned, as determined by reference to the information used to compile each Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7 per cent in each of at least 4 of the 6 quarters (each being a period of 3 months that is contemporaneous with the period to which the Rent Index quarterly report concerned relates) preceding the period immediately prior to the date of the proposal by the Housing Agency to the Minister under subsection (1), and

  • (b) the average rent for the area in the last quarter, as determined by reference to the manner referred to in paragraph (a), is above the average national rent (commonly referred to as the Rent Index national standardised rent) in the last quarter.

• (5) Where the Minister receives a rent zone report from the Director and the report confirms that the criteria in subsection (4) are satisfied, the Minister shall by order prescribe the area as a rent pressure zone for a specified period not exceeding 3 years.

• (6) Where a local electoral area is prescribed by order as a rent pressure zone and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.

• (7) The Minister may, on a recommendation from the Housing Agency, by order revoke an order made under subsection (5) or a deemed order under section 24B and, accordingly, section 8(3) does not apply to any such order or deemed order.

• (8) In making a recommendation under subsection (7), the Housing Agency shall consider and provide a report to the Minister, on such matters as may be prescribed having regard to—

  • (a) the operation of the rental market,

  • (b) the operation of the housing market, and

  • (c) changes in rent levels in the period since the area concerned was designated as a rent pressure zone;

  and, before making such a recommendation and providing a report under this subsection, the Housing Agency shall consult with the Board and the housing authority concerned on the matter.

• (9) The Board shall publish, in such manner as it thinks fit, a notice of the making of an order by the Minister under subsection (5) or (7).

• (10) In this section—

‘area’ means—

- (a) the administrative area of a housing authority, or

- (b) a local electoral area within the meaning of [section 2](https://www.irishstatutebook.ie/eli/2001/act/37/section/2) of the [Local Government Act 2001](https://www.irishstatutebook.ie/eli/2001/act/37);

  ‘Housing Agency’ has the same meaning as it has in the [Pyrite Resolution Act 2013](https://www.irishstatutebook.ie/eli/2013/act/51);

  ‘Rent Index quarterly reports’ has the meaning given in the definition of ‘Rent Index’;

  ‘Rent Index’ means the publication known as the Residential Tenancies Board Rent Index which is published by the Board in respect of each successive period of 3 months in every calendar year (in this section referred to as ‘Rent Index quarterly reports’) pursuant to its functions under section 151(1)(e) and includes any other publication that it replaced or may replace it for the purposes of those functions.

  **Areas deemed to be rent pressure zones**

  **24B**. With effect from the relevant date (within the meaning of section 19(7)) and notwithstanding anything to the contrary in section 24A, orders under subsection (5) of that section shall be deemed to have been made in respect of the administrative areas of each of the following housing authorities:

- (a) Cork City Council;

- (b) Dublin City Council;

- (c) Dun Laoghaire Rathdown County Council;

- (d) Fingal County Council;

- (e) South Dublin County Council;

  and, accordingly, each of those areas is deemed to be a rent pressure zone from the relevant date for a period of 3 years.

  **Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones**

  **24C**. (1) Where a tenancy commenced before the relevant date (within the meaning of section 19(7)) and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then—

- (a) the first rent review after the relevant date shall be carried out in accordance with section 20, and

- (b) any subsequent rent review shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.

• (2) Where a tenancy commences on or after the relevant date (within the meaning of section 19(7)), and the area in which the tenancy is situated is in a rent pressure zone (within the meaning of that section), then any rent review after that date shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.”.

37. Part 4 tenancies and extension of period from 4 years to 6 years

37. (1) Section 28 of the Act of 2004 is amended in subsection (2) by substituting “6 years” for “4 years” in both places where it occurs.

• (2) The provisions of the Act of 2004 referred to in column (2) of Part 1 of the Schedule are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.

• (3) This section applies to all tenancies created after the coming into operation of this section.

38. Amendment of section 34 (grounds for termination by landlord) of Act of 2004

38. Section 34 of the Act of 2004 is amended by substituting “Subject to section 35A, a Part 4 tenancy” for “A Part 4 tenancy”.

39. Amendment of section 35 (Table to section 34: interpretation and supplemental) of Act of 2004

39.Section 35 of the Act of 2004 is amended by substituting the following for subsection (8):

• “(8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include—

  • (a) a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling, and

  • (b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord.”.

40. Restriction on termination of certain tenancies by landlords

40. The Act of 2004 is amended by inserting the following section after section 35:

“35A. (1) In this section—

‘development’ means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared;

‘relevant period of time’ means any period of 6 months within the period—

• (a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and

• (b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.

• (2) Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement—

  • (a) in respect of dwellings situated within the development concerned,

  • (b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and

  • (c) to so transfer during a relevant period of time.

• (3)

  • (a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board—

    • (i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and

    • (ii) that the application of that subsection would, having regard to all the circumstances of that case—

      • (I) be unduly onerous on that landlord, or

      • (II) would cause undue hardship on that landlord.

  • (b) In paragraph (a)(i), the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm’s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.

• (4) Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34, then that section shall continue to apply to that notice as if the said section 40 had not been enacted.

• (5) Subject to subsection (4), this section applies to all tenancies, including a tenancy created before the coming into operation of this section.”.

41. Repeal of section 42 (termination of additional rights) of Act of 2004, transitional provisions and consequential amendments

41. (1) Section 42 of the Act of 2004 is repealed.

• (2) Where a further Part 4 tenancy has commenced on or before the commencement of this section, then section 42 shall continue to apply to that tenancy as if subsections (1) and (4) had not been enacted.

• (3) Where, before the commencement of this section, a notice under section 42 of the Act of 2004 has been served on a tenant, then that section shall continue to apply to that notice as if subsections (1) and (4) had not been enacted.

• (4) The provisions of the Act of 2004 referred to in column (2) of Part 2 of the Schedule are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.

42. Amendment of section 62 (requirements for a valid notice of termination) of Act of 2004

42. Section 62 of the Act of 2004 is amended by inserting in subsection (1)(e) “or the tenancy is a further Part 4 tenancy,” after “6 months,”.

43. Amendment of section 100 (appeal to Tribunal against adjudicator’s determination) of Act of 2004

43. Section 100 of the Act of 2004 is amended in subsection (2) by substituting “ 10 working days ” for “21 days”.

44. Amendment of section 103 (membership of Tribunal, etc.) of Act of 2004

44. Section 103 of the Act of 2004 is amended—

• (a) by substituting the following for subsection (1):

• “(1) Subject to subsection (1A), the number of members of the Tribunal shall be 3.”,

and

• (b) by inserting the following subsections after subsection (1):

• “(1A)

  • (a) In respect of such matters as may be prescribed, the Tribunal shall, except where subsection (1B) applies, be composed of one member.

  • (b) Without prejudice to the generality of paragraph (a), prescribed matters for the purposes of that paragraph may include any of the following matters:

    • (i) the retention or refund of a deposit;

    • (ii) the amount that ought to be initially set (in compliance with section 19 or 19A, as the case may be) as the amount of rent under a tenancy;

    • (iii) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review;

    • (iv) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement;

    • (v) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement;

    • (vi) a claim by a landlord for arrears of rent or other charges.

  • (c) There may be included in the same reference to a Tribunal to which this subsection relates disputes and, where appropriate, complaints, in respect of 2 or more matters prescribed for the purposes of this subsection.

• (1B)

  • (a) Where—

    • (i) a matter that consists of or includes a dispute is referred to the Tribunal, and that Tribunal is composed of one member, and

    • (ii) the Tribunal, at any stage, considers that in the particular circumstances it would be appropriate to adjourn the hearing by it of the matter and request the Board to refer the dispute or complaint to a Tribunal composed of 3 members,

    then the Tribunal may so refer the matter to the Board accordingly.

  • (b) Where the Board is requested under paragraph (a) to refer a matter, that consists of or includes a dispute, to a Tribunal, it may refer the matter to a Tribunal composed of 3 members.

• (1C) Where the Tribunal is composed of one member, then subsections (4) and (7) do not apply to that Tribunal.

• (1D) Where, in the same reference to a Tribunal, there is included disputes or complaints, in respect of 2 or more matters, and one or more of those disputes or complaints is not prescribed for the purposes of this subsection, the Board shall refer the matter to a Tribunal composed of 3 members.”.

45. Amendment of section 104 (determination of disputes by Tribunal: procedures generally) of Act of 2004

45. Section 104 of the Act of 2004 is amended in subsection (1) by deleting “or” in paragraph (b), by substituting “the matter, or” for “the matter.” in paragraph (c) and by inserting the following after paragraph (c):

• “(d) has been referred to it by the Board under section 103(1B).”.

46. Publication of certain statistics by Board

46. The Act of 2004 is amended by inserting the following new section after section 114:

“114A.The Board shall publish statistics, including average waiting times and such other statistics as may be prescribed, in relation to the performance of its functions under section 151(1)(a) in respect of each successive period of 3 months in every calendar year.”.

47. Amendment of section 115 (redress that may be granted on foot of determination) of Act of 2004

47.Section 115(2) of the Act of 2004 is amended in paragraph (b) —

• (a) by substituting “subsection (1) or (4) of section 19” for “section 19(1)” where it first occurs, and

• (b) by substituting “with either of those subsections” for “with section 19(1)” where it last occurs.

48. Amendment of section 121 (determination orders) of Act of 2004 and consequential amendments

48. (1) Section 121 of the Act of 2004 is amended—

• (a) in subsection (1), by substituting “by the Director and issued by him or her” for “by the Board and issued by it”,

• (b) in subsections (2) to (5) by substituting “Director” for “Board” in each place where it occurs,

• (c) in paragraphs (a) and (b) of subsection (4) by substituting “to him or her” for “to it”,

• (d) by inserting the following after subsection (5):

• “(5A) A document purporting to be a determination to which this section relates and to be signed by—

  • (a) the Director under this section, or

  • (b) a member of the staff of the Board, pursuant to the function of the Director under this section being delegated to the member under section 161(2),

  shall, unless the contrary is proved, be deemed to be a determination duly made and shall be received in any proceedings in any court without further proof of—

  - (i) the determination,
  
  - (ii) the signature of the Director or the person to whom paragraph (b) relates, as the case may be, or
  
  - (iii) where relevant, the delegation to which paragraph (b) relates.”,
  

and

• (e) by deleting subsection (6).

• (2) The provisions of the Act of 2004 referred to in column (2) of Part 3 of the Schedule are amended in the manner referred to in column (3) of that Part opposite the reference in column (2) to the provision concerned.

49. Amendment of section 124 (enforcement of determination orders) of Act of 2004

49. Section 124 of the Act of 2004 is amended in subsection (7) by inserting “, including an order for possession of a dwelling the subject of a determination order,” after “ancillary or other orders”.

50. Amendment of section 151 (functions of Board) of Act of 2004

50. Section 151 of the Act of 2004 is amended by inserting the following paragraph after paragraph (c):

• “(ca) the making of reports to the Minister under section 24A,

• (cb) the publication of statistics under section 114A,”.

PART 4 Amendments to Housing Finance Agency Act 1981

51. Amendments to Housing Finance Agency Act 1981

51. The Housing Finance Agency Act 1981 is amended—

• (a) in section 1 by inserting the following definition after the definition of “house”:

“ ‘Housing Agency’ has the same meaning as it has in the Pyrite Resolution Act 2013;”,

• (b) in section 1 by inserting the following definition after the definition of “housing authority”:

“ ‘institution of higher education’ has the same meaning as it has in the Higher Education Authority Act 1971;”,

• (c) in section 4(2)(c) by inserting the following after subparagraph (iii):

• “(iv) to an institution of higher education, to be used by it in respect of the provision or management of housing accommodation for students, including the acquisition of land by such an institution for that purpose,

• (v) to the Housing Agency, to be used by it for the purpose of the performance of its functions,”,

and

• (d) in section 5 by deleting “or” where it last occurs in paragraph (d), by substituting “that Act,” for “that Act” in paragraph (e), and by inserting the following after paragraph (e):

• “(f) an institution of higher education, to be used by it in respect of the provision or management of housing accommodation for students, including the acquisition of land by such an institution for that purpose, or

• (g) the Housing Agency, to be used by it for the purpose of the performance of its functions with the approval of both the Minister and the Minister for Public Expenditure and Reform, in accordance with such terms and conditions relating to the acquisition of houses as stand approved of for the purposes of this section.”.

PART 5 Amendments to Local Government Act 1998

52. Amendments to Local Government Act 1998

52. The Local Government Act 1998 is amended in subsection (2C) (inserted by section 7 of the Motor Vehicle (Duties and Licences) Act 2013) of section 6—

• (a) by substituting for paragraph (a) (inserted by section 44 of the Environment (Miscellaneous Provisions) Act 2015) the following:

• “(a) Subject to paragraphs (b) and (c), the Minister may, on or before 31 January 2017, pursuant to a request from the Minister for Finance, make one, or more than one, payment from the Fund in the amount requested by the Minister for Finance.”,

and

• (b) by substituting for paragraph (c) (inserted by the said section 44) the following:

• “(c) The total amount of all payments made under paragraph (a) shall not exceed €420 million in respect of the year ending 31 December 2016.”.

SCHEDULE Consequential Amendments to Residential Tenancies Act 2004

Section 37

PART 1 Amendments relating to Amendment of section 28 of Act of 2004

Reference No	Provision	Amendment
(1)	(2)	(3)
1	Section 34(b)(ii)	Substitute “6 years” for “4 years”.
2	Section 40(1)	Substitute “6 year period” for “4 year period”.
3	Section 41 Subsection (1)	Substitute “6 year period” for “4 year period”.
4	Subsection (3)	Substitute “6 year period” for “4 year period”.
5	Subsection (4)	Substitute “6 years” for “4 years” in both places where it occurs.
6	Section 43	Substitute “6 years” for “4 years” in both places where it occurs.
7	Section 45 Subsection (1)	Substitute “6 years” for “4 years”.
8	Subsection (4)	Substitute “6 years” for “4 years” in both places where it occurs.
9	Section 47(5)	Substitute “6 years” for “4 years” in both places where it occurs.
10	Table	Substitute “6 years” for “4 years” in paragraph 2.

PART 2 Amendments relating to repeal of section 42 of Act of 2004

Section 41

Reference No.	Provision	Amendment
(1)	(2)	(3)
1	Section 40(2)	Substitute “A reference in section 41(4) to section 34 or Chapter 3 is a reference” for “References in sections 41(4) and 42 to section 34 or Chapter 3 are references”.
2	Section 41 Subsection (4)	Delete “(b) or” in paragraph (a).
3	Subsection (4)	Delete paragraph (b).
4	Section 44	Substitute “section 34 or Chapter 3” for “section 34, Chapter 3 or section 42”.
5	Section 45 Subsection (4)	Delete “(b) or” in paragraph (a).
6	Subsection (4)	Delete paragraph (b).
7	Section 47 Subsection (4)	Delete.
8	Subsection (6)	Delete.
9	Table	Delete “or 42” in paragraph 1.
10	Section 55(2)	Substitute: “(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.”.

PART 3 Amendments relating to the Board and the Director

Section 48

Reference No.	Provision	Amendment
(1)	(2)	(3)
1	Section 95(5)	Substitute “Director” for “Board”.
2	Section 96 Subsection (1)	Substitute in paragraph (a) “Director” for “Board”.
3	Subsection (1)	Substitute “the Director shall prepare” for “the Board shall prepare”.
4	Subsection (2)	Substitute in paragraph (b) “to the Director” for “to the Board”.
5	Section 99(4)	Substitute “Director” for “Board”.
6	Section 109 Subsection (2)	Substitute in paragraph (d)(vi) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
7	Subsection (2)	Substitute in paragraph (d)(ix) “the Director must, from the date of receipt by the Board” for “the Board must, from the date of receipt by it”.
8	Section 123
	Subsection (5)	Substitute “direct the Director” for “direct the Board”.
9	Subsection (5)	Substitute “the Director shall cancel” for “the Board shall cancel”.
10	Subsection (6)	Substitute “Director” for “Board” in each place where it occurs.
11	Subsection (7)	Substitute in paragraph (a) “issued by the Director” for “issued by it”.
12	Section 125(2)	Insert “direct the Director to” after “The powers mentioned in subsection (1) are to”.
13	Section 159(1)	Delete “, 121”.
14	Section 176(3)	Delete in paragraph (b) “sealed and”.