RESIDENTIAL TENANCIES (AMENDMENT) ACT 2019

An Act to amend the Residential Tenancies Acts 2004 to 2016; to provide for powers to carry out investigations of landlords and impose administrative sanctions; to provide for offences in relation to non-compliance with rent increase restrictions in rent pressure zones; to increase the notice periods to be provided in the case of termination of a tenancy by a landlord; to provide for annual registration by landlords of tenancies and to amend the registration process; to provide for mandatory publication of determination orders by the Residential Tenancies Board; to provide that the letting of a house or part thereof for any period not exceeding 14 days in a rent pressure zone is a material change in the use of the house or part and for that purpose to amend the Planning and Development Act 2000; and to provide for related matters.

[24th May, 2019]

Be it enacted by the Oireachtas as follows:

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 2019.

• (2) The Residential Tenancies Acts 2004 to 2016 and this Act (other than section 38) may be cited together as the Residential Tenancies Acts 2004 to 2019 and shall be construed together as one.

• (3) The Planning and Development Acts 2000 to 2018 and section 38 may be cited together as the Planning and Development Acts 2000 to 2019.

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

2. Definitions

2. In this Act—

“Act of 2004” means the Residential Tenancies Act 2004;

“Minister” means Minister for Housing, Planning and Local Government.

PART 2 Amendment of Residential Tenancies Act 2004

3. Amendment of section 3 of Act of 2004

3. Section 3 of the Act of 2004 is amended—

• (a) by the insertion of the following subsection after subsection (1):

• “(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,

    but does not include 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 ssections 3 and s5 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).”,

and

• (b) by the insertion of the following subsection:

• “(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) sections 70, 71, 72, 73, 81, 185, 186 and 195;

  • (c) Part 4; and

  • (d) Schedule 1.”.

4. Amendment of section 3A of Act of 2004

4. Section 3A of the Act of 2004 is amended by the insertion of the following subsection:

• “(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.”.

5. Amendment of section 4 of Act of 2004

5. Section 4 of the Act of 2004 is amended by the deletion of paragraph (g) in the definition of “public authority”.

6. Amendment of section 19 of Act of 2004

6. (1) Section 19 of the Act of 2004 is amended—

• (a) in subsection (4) by the substitution of “subparagraph (i)” for “paragraph (a)” where it occurs in paragraph (a)(ii) in the definition of “t”,

• (b) in subsection (5), by—

• (i) the substitution of the following paragraph for paragraph (a):

• “(a) to the rent first set under the tenancy of a dwelling, provided that no tenancy in respect of that dwelling subsisted during the period of 2 years immediately preceding the date on which the tenancy concerned commenced,”,

and

• (ii) the substitution, in subparagraph (ii) of paragraph (b), of “greater than” for “different to what was”,

• (c) by the insertion of the following subsections after subsection (5):

• “(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—

    • (i) consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997)) of the dwelling by an amount equal to not less than 25 per cent of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works,

    • (ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings, or

    • (iii) result in any 3 or more of the following:

      • (I) the internal layout of the dwelling being permanently altered;

      • (II) the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;

      • (III) a permanent increase in the number of rooms in the dwelling;

      • (IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or

      • (V) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings,

      and

  • (b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).

• (5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling in a rent pressure zone, a landlord seeks to rely on subsection (5), the landlord shall—

  • (a) serve a notice in the prescribed form together with all relevant supporting information on the Board setting out the reasons why, in the landlord’s opinion, subsection (4) does not apply to the dwelling,

  • (b) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and

  • (c) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling.”,

• (d) by the substitution for subsection (6) of the following:

• “(6) Where—

  • (a) a notice under section 22(2) has been served on the tenant, or

  • (b) the review of the rent concerned has commenced,

  before the relevant date, or, if an order is made by the Minister under section 24A(5) in respect of an area where the dwelling concerned is situate, before the date of the coming into operation of the order, 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.”,

and

• (e) by the insertion of the following subsections after subsection (6):

• “(6A) A person who fails to comply with the requirements of subsection (4) shall be guilty of an offence.

• (6B) A person, who in purported compliance with subsection (5B), furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

• (6C) A person who fails to comply with the requirements of subsection (5B) shall be guilty of an offence.”.

• (2) The amendment of section 19 of the Act of 2004 under paragraph (c), in so far as it inserts subsection (5A) of section 19, of subsection (1) shall not apply in respect of a tenancy of a dwelling where works required to effect a substantial change to the dwelling began prior to the commencement of subsection (1).

7. Amendment of section 20 of Act of 2004

7. Section 20 of the Act of 2004 is amended—

• (a) in subsection (5), by the substitution of “1 January 2022 and from that day” for “the day immediately before the fourth anniversary of the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 came into operation and, on and from the first-mentioned day”, and

• (b) in subsection (6), by the substitution of “31 December 2021” for “the day immediately before the fourth anniversary of the day on which that section came into operation”.

8. Amendment of section 24A of Act of 2004

8. (1) Section 24A of the Act of 2004 is amended—

• (a) in subsection (4), by the substitution of the following paragraph for paragraph (b):

• “(b) the average rent (determined by reference to the information specified in paragraph (a)) in the area in respect of the 3 months to which the most recent Rent Index quarterly report applies is—

  • (i) in the case of the county of Kildare, the county of Meath, the county of Wicklow or a local electoral area in any one of those counties, above the average rent in the State (other than the Dublin Area) specified in that report, or

  • (ii) in the case of any—

    • (I) other county or local electoral area, or

    • (II) any city, city and county or local electoral area situated in such city or city and county,

    above the average rent in the State (other than the Greater Dublin Area) specified in that report.”,

and

• (b) in subsection (10), by the insertion of the following definitions:

“ ‘Dublin Area’ means—

• (a) the city of Dublin, and

• (b) the counties of South Dublin, Fingal and Dún Laoghaire-Rathdown;

‘Greater Dublin Area’ means—

• (a) the Dublin Area, and

• (b) the counties of Kildare, Wicklow and Meath;”.

• (2) Notwithstanding subsection (5) of section 24A of the Act of 2004 or any order made thereunder, the period specified in any such order to be the period during which an area shall stand prescribed as a rent pressure zone shall expire on F1[31 December 2025].

9. Amendment of section 24B of Act of 2004

9. Section 24B of the Act of 2004 is amended by the substitution of “during the period commencing on the relevant date and ending on 31 December 2021” for “from the relevant date for a period of 3 years”.

10. Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone

10. The Act of 2004 is amended by the insertion of the following section:

“Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone

24BA. (1) For the purposes of section 24B, the administrative area of Cork City Council shall include the relevant area and, accordingly, the reference in that section to relevant date shall, in so far as that section applies to the relevant area, be construed as a reference to the transfer day.

• (2) In this section—

‘Act of 2019’ means the Local Government Act 2019;

‘relevant area’ has the meaning assigned to it by the Act of 2019; and

‘transfer day’ has the meaning assigned to it by the Act of 2019.”.

11. Amendment of section 32 of Act of 2004

11. Section 32 of the Act of 2004 is amended in subsection (1) by the substitution of “Schedule 1” for “The Schedule”.

12. Amendment of section 34 of Act of 2004

12. (1) Section 34 of the Act of 2004 is amended, in paragraph (a), by—

• (a) the deletion in subparagraph (i), of “and”,

• (b) the substitution of the following subparagraph for subparagraph (ii):

• “(ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied—

  • (I) in the case of paragraph 2, 5 or 6 of that Table, by the statement referred to in that paragraph, and

  • (II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph,

  and”,

and

• (c) the insertion of the following subparagraph:

• “(iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5, the notice of termination contains or is accompanied by a certificate in writing of a registered professional (within the meaning of the Building Control Act 2007) stating that—

  • (I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and

  • (II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks,”.

• (2) The Table to section 34 of the Act of 2004 is amended—

• (a) in paragraph 3, by the substitution of “9 months” for “3 months”,

• (b) in clause (i) of subparagraph (b) of paragraph 4, by the substitution of “12 months” for “6 months”,

• (c) in subparagraph (b) of paragraph 5, by the substitution of the following clause for clause (i):

• “(i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and”,

and

• (d) in clause (i) of subparagraph (b) of paragraph 6, by the substitution of “12 months” for “6 months”.

13. Amendment of section 35 of Act of 2004

13. Section 35 of the Act of 2004 is amended—

• (a) in subsection (5), by—

• (i) the substitution of “paragraph (aa) of subsection (8) and paragraph 4(b), 5(b) and 6(b) of the Table” for “paragraph 4(b), 5(b) and 6(b) of the Table”, and

• (ii) the insertion of “statutory declaration or” before “statement concerned”,

• (b) in subsection (6), by the substitution of “paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table,” for “paragraph 4(b), 5(b) or 6(b) of the Table”,

• (c) in subsection (8), by—

• (i) the deletion, in paragraph (a), of “and”, and

• (ii) the insertion of the following paragraph:

• “(aa) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied:

  • (i) the contact details requirement is complied with;

  • (ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing—

    • (I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or

    • (II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute;

    and

  • (iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 2 or 6 of the Table,

  and”,

and

• (d) the insertion of the following subsection:

• “(11) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination that cites, as a reason for the termination, a ground specified in the Table, the landlord shall give a copy of the notice of termination to the Board not later than 28 days after the expiration of the period of notice given by the notice of termination.”.

14. Amendment of section 56 of Act of 2004

14. Section 56 of the Act of 2004 is amended—

• (a) in paragraph (c) of subsection (1), by the substitution of the following subparagraph for subparagraph (i):

• “(i) in case the ground cited is that specified in paragraph 3 of that Table—

  • (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein,

  • (II) the notice of termination is not accompanied by the statutory declaration referred to in section 35, or

  • (III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied,”,

and

• (b) in subparagraph (c) of the Table to subsection (6), by the substitution of the following clause for clause (i):

• “(i) in case the ground cited is that specified in paragraph 3 of that Table—

  • (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or

  • (II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied,”.

15. Amendment of Chapter 3 of Part 5 of Act of 2004

15. Chapter 3 of Part 5 of the Act of 2004 is amended by the insertion of the following section:

“Duration of tenancy for purposes of this Chapter

64B. (1) For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of—

• (a) the said Part 4 tenancy, or

• (b) a further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

• (2) This section is without prejudice to subsection (2) of section 61.”.

16. Amendment of section 66 of Act of 2004

16. (1) Section 66 of the Act of 2004 is amended—

• (a) in subsection (2) by the substitution of “Subject to subsection (2A), where” for “Where”,

• (b) by the insertion of the following subsection after subsection (2):

• “(2A)

  • (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the ‘original notice’), an adjudicator or the Tribunal, as the case may be, makes a determination that—

    • (i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice,

    • (ii) the defect concerned does not prejudice, in a material respect, the original notice, and

    • (iii) the original notice is otherwise in compliance with the provisions of this Act,

    the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b).

  • (b) In the circumstances set out in paragraph (a), the following shall apply:

    • (i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the ‘remedial notice’);

    • (ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121;

    • (iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;

    • (iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of—

      • (I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and

      • (II) 28 days;

    • (v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;

    • (vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act.”,

• (c) by the insertion of the following subsection:

• “(2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the landlord or tenant and specified in the notice of termination shall be not less than 28 days.”,

and

• (d) by the substitution of the following Table for Table 1:

“Termination by Landlord

Duration of Tenancy (1)	Notice Period (2)
Less than 6 months	28 days
Not less than 6 months but less than one year	90 days
Not less than one year but less than 3 years	120 days
Not less than 3 years but less than 7 years	180 days
Not less than 7 years but less than 8 years	196 days
Not less than 8 years	224 days

”.

• (2) The amendment of Table 1 to section 66 of the Act of 2004 under subsection (1)(d) shall apply to a period of notice to be given in a notice of termination served by a landlord on a tenant on or after the commencement of subsection (1).

• (3) The Minister shall—

• (a) not earlier than 2 years and not later than 3 years after the coming into operation of subsection (1), commence a review of the operation of the amendments of section 66 effected by that subsection,

• (b) not later than 6 months after the commencement of the review, prepare a report in writing of the findings of the Minister resulting from the review and his or her conclusions drawn from the findings, and

• (c) cause a copy of the report referred to in paragraph (b) to be laid before each House of the Oireachtas.

17. Amendment of section 75 of Act of 2004

17. Section 75 of the Act of 2004 is amended in subsection (2) by the substitution of “Schedule 1” for “the Schedule”.

18. Amendment of section 78 of Act of 2004

18. Section 78 of the Act of 2004 is amended, in subsection (1), by the substitution of the following paragraph for paragraph (f):

• “(f) an allegation that the landlord has sought to—

  • (i) terminate a tenancy (other than a tenancy referred to in subsection (1A) of section 3) other than in accordance with Part 4, or

  • (ii) terminate a tenancy referred to in subsection (1A) of section 3 other than in accordance with Part 5,”.

19. Amendment of section 93 of Act of 2004

19. (1) Section 93 of the Act of 2004 is amended by the deletion of subsection (2A).

• (2) The amendment of section 93 of the Act of 2004 under subsection (1) shall not apply in respect of mediation where the Residential Tenancies Board requested the consent of the parties under section 93(1) prior to the commencement of subsection (1).

20. Amendment of section 109 of Act of 2004

20. Section 109 of the Act of 2004 is amended in subsection (2)(c) by the deletion of “other than the procedure referred to in section 93(1) and 93(2)”.

21. Amendment of section 123 of Act of 2004

21. Section 123 of the Act of 2004 is amended in subsection (7) by the substitution of “shall” for “may”.

22. Amendment of section 134 of Act of 2004

22. (1) Section 134 of the Act of 2004 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling—

  • (a) on the commencement of the tenancy, and

  • (b) annually during the tenancy.”,

• (b) in subsection (2), by—

• (i) the substitution of “paragraph (a) of subsection (1)” for “this section”,

• (ii) the insertion, in paragraph (a), of “(other than a tenancy to which paragraph (aa) applies)” after “in the case of a tenancy”,

• (iii) the insertion of the following paragraph:

• “(aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and”,

and

• (iv) the insertion, in paragraph (b), of “and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019” after “passing of this Act”,

• (c) in subsection (2A), by the substitution of “paragraph (a) of subsection (1)” for “this section” in each place that it occurs,

• (d) by the insertion of the following subsections after subsection (2A):

• “(2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

• (2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019.”,

• (e) in subsection (3)(b)—

• (i) by the substitution of “subsection (4)” for “subsections (4) and (7)”,

• (ii) in subparagraph (i), by the substitution of “section 137(1)” for “section 137(1)(b)(ii)”, and

• (iii) in subparagraph (ii), by the substitution of “section 137A(1)” for “section 137A(1)(a) or as the case may be, the fee specified in section 137A(1)(b)”,

• (f) in subsection (4), by the substitution of “paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A) or subsection (2B)” for “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii)”, and

• (g) in subsection (5), by the substitution of the following paragraph for paragraph (a):

• “(a) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1), or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1), has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A), or subsection (2B),”.

• F2[(2)
• (a) If a tenancy (other than a tenancy to which subsection (1A) of section 3 applies) commences within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii), (iii) and (iv) of paragraph (b)), the application in respect thereof under paragraph (a) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding clause (II) of subparagraph (ii) of paragraph (b) of subsection (2) of that section, be made not later than 4 months from the said coming into operation.

• (b) If the anniversary of the commencement of a tenancy falls within 3 months from the coming into operation of subsection (1) (other than subparagraphs (ii), (iii) and (iv) of paragraph (b)), the application in respect thereof under paragraph (b) of subsection (1) of section 134 of the Act of 2004 shall, notwithstanding subsection (2B) of that section, be made not later than 4 months from the said coming into operation.]

23. Amendment of section 135 of Act of 2004

23. Section 135 of the Act of 2004 is amended—

• (a) by the deletion of subsection (1), and

• (b) in subparagraph (i) of paragraph (e) of subsection (4), by—

• (i) the insertion of the following clause—

• “(IA) the obligation on the landlord to pay fees to the Board on an application to register a tenancy at its commencement and annually during the tenancy,”,

• (ii) the substitution of the following clause for clause (II):

• “(II) security of tenure under Part 4 (other than in the case of a tenancy referred to in subsection (1A) of section 3),”,

and

• (iii) the substitution of the following clauses for clause (III):

• “(III) the termination of tenancies (other than tenancies referred to in subsection (1A) of section 3) under Part 4, and

• (IV) the termination of tenancies under Part 5,”.

24. Amendment of section 136 of Act of 2004

24. Section 136 of the Act of 2004 is amended in subsection (1)—

• (a) in paragraph (b) by the substitution of “the name, address where the landlord ordinarily resides, any other address for correspondence the landlord may wish to provide and the personal public service number (if any) of the landlord” for “the name, address for correspondence and personal public service number (if any) of the landlord”, and

• (b) by the insertion of the following paragraph after paragraph (b):

• “(ba) if the application relates to registration on the commencement of a tenancy or annual registration during a tenancy,”.

25. Amendment of section 137 of Act of 2004

25. (1) Section 137 of the Act of 2004 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1)

  • (a) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

    • (i) in the case of an application (other than an application referred to in paragraph (b)) made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €40, and

    • (ii) in the case of an application (other than an application referred to in paragraph (b)) made after that period—

      • (I) be €40, or

      • (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.

  • (b) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

    • (i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €40, or

    • (ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

      • (I) be €40, or

      • (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

• (b) in subsection (2), by the substitution of “that a fee referred to in subsection (1)” for “for a fee specified in this section to”,

• (c) by the substitution of the following subsection for subsection (4):

• “(4)

  • (a) The amount of the single fee referred to in subsection (2) shall—

    • (i) if the applications (other than an application referred to in paragraph (b)) concerned are made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €170, or

    • (ii) if the applications (other than an application referred to in paragraph (b)) concerned are made after that period—

      • (I) be €170, or

      • (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.

  • (b) The amount of the single fee referred to in subsection (2) shall—

    • (i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €170, or

    • (ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

      • (I) be €170, or

      • (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

• (d) in subsection (5), by the substitution of “subsection (2) or (2B) of section 134” for “section 134 (2)(a) or (b)”,

• (e) by the substitution of the following subsection for subsection (6):

• “(6) If an application under subsection (1) of section 134 is made after the expiration of the period specified in subsection (2) or subsection (2B), as may be appropriate, the fee required to accompany that application shall be of such amount as is equal to the aggregate of—

  • (a) the fee that would have been payable had the application been made before the expiration of that period, and

  (b)€10 in respect of each month or part of a month falling after such expiration.”.

• F3[(2) The amendment of section 137 of the Act of 2004 effected by this section shall not apply in relation to an application under subsection (1) of section 134 of that Act—

• (a) made after the commencement of paragraph (a) (as it relates to paragraph (a) of subsection (1) of the said section 137) of subsection (1), and

• (b) that was required to have been made at any time before such commencement.]

26. Amendment of section 137A of Act of 2004

26. (1) Section 137A of the Act of 2004 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) Subject to subsections (2) and (6), the fee that is required to accompany an application referred to in subsection (2A) of section 134 shall—

  • (a) in the case of an application made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €20, or

  • (b) in the case of an application made after that period—

    • (i) be €20, or

    • (ii) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

• (b) in subsection (2), by the substitution of “that a fee referred to in subsection (1)” for “for a fee specified in this section to”,

• (c) by the substitution of the following subsection for subsection (4):

• “(4) The amount of the single fee referred to in subsection (2) shall—

  • (a) if the applications concerned are made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €85, or

  • (b) if the applications concerned are made after that period—

    • (i) be €85, or

    • (ii) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,

• (d) in subsection (5), by the substitution of “subsection (2A) or (2B), as may be appropriate, of section 134” for “paragraph (a), (b) or (c) of section 134(2A)”, and

• (e) by the substitution of the following subsection for subsection (6):

• “(6) If an application referred to in subsection (2A) of section 134 is made after the expiration of the period specified in that subsection, the fee required to accompany that application shall be of such amount as is equal to the aggregate of—

  • (a) the fee that would have been payable had the application been made before the expiration of that period, and

  (b)€5 in respect of each month or part of a month falling after such expiration.”.

• F4[(2) The amendment of section 137A of the Act of 2004 effected by this section shall not apply in relation to an application to which subsection (2A) of section 134 of that Act applies—

• (a) made after the commencement of this section, and

• (b) that was required to have been made at any time before such commencement.]

27. Enforcement of requirement to update particulars

27. The Act of 2004 is amended by the insertion of the following section after section 144:

“144A. (1) As soon as practicable after it has formed the opinion that a landlord under a tenancy has failed to comply with section 139(1), the Board shall serve the notice referred to in subsection (2).

• (2) 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) comply with section 139(1), or

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

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

  • (a) does not comply with section 139(1), 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 comply with section 139(1) and that the Board’s opinion has not altered and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, the landlord shall be guilty of an offence.

• (4) A person who fails to comply with a notice under subsection (3) within 14 days from the receipt by him or her of the notice shall be guilty of an offence.”.

28. Part 7A of Act of 2004

28. The Act of 2004 is amended by the insertion of the following Part after Part 7: