Residential Tenancies (Amendment) Act 2019

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—