Planning and Development (Housing) and Residential Tenancies Act 2016

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 (1) Section 42 of the Act of 2004 is repealed.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