HOUSING AND RESIDENTIAL TENANCIES (MISCELLANEOUS PROVISIONS) ACT 2026

• “(6) The amount (or, as appropriate, the aggregate of the amounts), that an adjudicator or the Tribunal may direct to be paid to a party under subsection (3), together with the amount of costs or expenses that may be awarded to a party in accordance with subsection (5), including any costs referred to in paragraph (a) or (b) of section 5(3), shall not exceed the monetary limit for an action in tort for the time being standing specified of the jurisdiction of the Circuit Court.”.

47. Amendment of section 121 of Act of 2004

47. (1) Section 121 of the Act of 2004 is amended by the addition of the following subsection after subsection (8):

• “(9) The Director may, by notice in writing given to the parties concerned, correct any mistake (including any omission) of an administrative or clerical nature in a determination order.”.

• (2) The amendment effected by subsection (1) shall apply only in respect of a determination order issued under section 121 of the Act of 2004 after the date of commencement of subsection (1).

48. Amendment of section 123 of Act of 2004

48. (1) Section 123 of the Act of 2004 is amended by—

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

• “(1) Subject to subsection (2), a determination order shall become binding on the parties concerned—

  • (a) in the case of a determination order embodying the terms of an agreement referred to in section 96(1), on the expiry of the period referred to in section 95(5A) unless, before the expiry of that period, a notification is made to the mediator and the Board under the said section 95(5A) in respect of the agreement,

  • (b) in the case of a determination of an adjudicator under section 97(4)(a), on the expiry of the period referred to in section 100(2) unless, before the expiry of that period, an appeal is made under section 100(1) in respect of the determination, and

  • (c) in the case of a determination of an adjudicator under section 97(4)(b), on the order being issued to the parties.”,

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

• “(5A) The High Court shall, on an appeal under subsection (3) from a determination of the Tribunal other than a determination not to deal with the dispute in accordance with section 85—

  • (a) where its determination on the appeal does not require the Director to cancel or vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it was originally issued, and

  • (b) where its determination on the appeal requires the Director to vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it will stand following such variation.

• (5B) Where the High Court directs the Director to cancel or vary the determination order concerned under subsection (5), it may direct the Director to direct that a fresh determination of all or part of the dispute shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).

• (5C) At any time during the course of an appeal under this section, the High Court may make such ancillary or other orders, including an order for possession of a dwelling the subject of a determination order or an interim order directing the payment of rent due, as it considers just.

• (5D) The Board may furnish to the registrar of the High Court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the Court under subsections (5) to (5C) (including, if the Court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).”,

• (c) in subsection (6)(b)(i), by the substitution of “issued” for “made”,

• (d) the insertion of the following subsection after subsection (7):

• “(7A) Where, due to the existence of special circumstances identified by an adjudicator under section 97(10) or the Tribunal under section 106(1), an adjudication or Tribunal hearing or part of it is to be conducted otherwise than in public, the Board shall redact from the determination order that it publishes under subsection (7) the name, address, contact details and other personal data of the parties concerned.”,

and

• (e) the substitution of the following subsections for subsection (8):

• “(8) In this section, ‘relevant period’ means a period beginning on the date that the determination order concerned is issued to the parties for a duration—

  • (a) of 21 days, or

  • (b) specified by the High Court pursuant to an application under subsection (9).

• (9) Any of the parties concerned may make an application to the High Court for an order extending the period referred to in subsection (8)(a).

• (10) An application under subsection (9) shall—

  • (a) state the reason why the applicant is seeking an extension of the period referred to in subsection (8)(a), and

  • (b) be made on motion (grounded on affidavit) on notice to the Board and any other party or notice party to the proposed appeal.

• (11) The High Court may, upon application to it under subsection (9), make an order extending the period referred to in subsection (8)(a) and specifying the duration of the period within which an appeal under subsection (3) may be made, if it is satisfied that—

  • (a) there is good and substantial reason for doing so, and

  • (b) the circumstances that resulted in the applicant seeking an extension of the period referred to in subsection (8)(a) were outside the control of the applicant.”.

• (2) The amendments of section 123 of the Act of 2004 effected by subsection (1)(a) shall apply only in respect of a determination order under section 121 of the Act of 2004 issued after the date of commencement of subsection (1)(a).

• (3) The amendments of section 123 of the Act of 2004 effected by subsection (1)(b) shall apply only in respect of an appeal under section 123(3) of the Act of 2004 made after the date of commencement of subsection (1)(b).

• (4) The amendments of section 123 of the Act of 2004 effected by subsection (1)(d) shall apply only in respect of a matter or complaint referred to the Residential Tenancies Board under section 76 or 77 of the Act of 2004 after the date of commencement of subsection (1)(d).

• (5) The amendments of section 123 of the Act of 2004 effected by subsection (1)(e) shall apply only in respect of a determination order under section 121 of the Act of 2004 issued after the date of commencement of subsection (1)(e).

49. Amendment of section 124 of Act of 2004

49. (1) Section 124 of the Act of 2004 is amended by—

• (a) the substitution of the following subsection for subsection (2):

• “(2) On such an application and subject to section 125, the District Court shall, if it is satisfied that the determination order has been issued to the party concerned (in this section referred to as the ‘respondent’) and that the respondent has failed to comply with one or more terms of the determination order concerned, make an order directing the respondent to comply with that term or those terms.”,

• (b) the deletion of subsections (3), (4) and (5),

• (c) the substitution of the following subsection for subsection (6):

• “(6) If the applicant under this section is not the Board, and the respondent proposes to oppose the application, the respondent shall give the Board at least 10 working days’ notice specifying that the respondent proposes to oppose the application on the ground that—

  • (a) the determination order has not been issued to the respondent, or

  • (b) the determination order ought to be cancelled under section 125,

  and the Board shall be entitled to appear and be heard at the hearing of the application.”,

and

• (d) in subsection (10), by the insertion of “for an action in tort” after “shall be the monetary limit”.

• (2) The amendments effected by subsection (1) shall apply only in respect of an application under section 124 of the Act of 2004 made after the date of commencement of subsection (1).

50. Amendment of section 125 of Act of 2004

50. (1) Section 125 of the Act of 2004 is amended by the substitution of the following subsection for subsection (4):

• “(4) Without prejudice to subsection (3), if the determination order, the subject of an application under section 124, is one requiring a dwelling to be vacated and—

  • (a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and

  • (b) that notice was served by reason of the tenant’s failure to pay an amount of rent due,

  the District Court may, before hearing any arguments or receiving any evidence in relation to whether good and substantial reasons referred to in subsection (1) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling’s continued occupation by the respondent after the service of that notice.”.

• (2) The amendment effected by subsection (1) shall apply only in respect of an application under section 124 of the Act of 2004 made after the date of commencement of subsection (1).

51. Amendment of section 137 of Act of 2004

51. Section 137(6) of the Act of 2004 is amended—

• (a) by the insertion, in paragraph (b), of “or, where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, a fee of that amount,” after “€10”, and

• (b) by the substitution of “subsection (2) or (2B) of that section” for “subsection (2) or subsection (2B)”.

52. Amendment of section 137A of Act of 2004

52. Section 137A of the Act of 2004 is amended—

• (a) in subsection (1)—

• (i) by the insertion of “, or an application referred to in subsection (2B) of section 134 in respect of a tenancy of a dwelling referred to in section 3(4),” after “subsection (2A) of section 134”, and

• (ii) by the substitution, in paragraph (b)(ii), of “subsection (1A)” for “subsection (1)”,

• (b) in subsection (4)(b)(ii), by the substitution of “subsection (1A)” for “subsection (1)”,

• (c) in subsection (6)—

• (i) by the insertion of “, or an application referred to in subsection (2B) of section 134 in respect of a tenancy of a dwelling referred to in section 3(4) is made after the expiration of the period specified in the said subsection (2B)” after “that subsection”, and

• (ii) by the insertion, in paragraph (b), of “or, where an amount stands declared for the time being under subsection (1A) of section 138 for the purposes of this paragraph, a fee of that amount,” after “€5”,

and

• (d) by the deletion of subsection (7).

53. Amendment of section 138 of Act of 2004

53. Section 138 of the Act of 2004 is amended—

• (a) in subsection (1)—

• (i) by the substitution of the following paragraphs for paragraphs (i) and (ii):

• “(i) in the case of paragraph (a)(ii) or (b)(ii) of section 137(1)—

  • (I) €40, or

  • (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of the said paragraph (a)(ii) or (b)(ii), as the case may be,

• (ii) in the case of paragraph (a)(ii)(I) or (b)(ii)(I) of section 137(4)—

  • (I) €170, or

  • (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of the said paragraph (a)(ii)(I) or (b)(ii)(I), as the case may be,

  or

• (iii) in the case of section 137(6)(b)—

  • (I) €10 in respect of each month or part of a month falling after the expiration of the period specified in subsection (2) or (2B) of section 134, as the case may be, or

  • (II) the amount that was last previously declared (in exercise of the power under this subsection) in respect of each month or part of a month for the purposes of the said section 137(6)(b),”,

and

• (ii) by the substitution of “subsection (1), (4) or (6) of section 137” for “subsection (1)(b) or (4)(b) of section 137”,

• (b) in subsection (1A)—

• (i) by the substitution of the following paragraphs for paragraphs (i) and (ii):

• “(i) in the case of section 137A(1)(b)—

  • (I) €20, or

  • (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of that provision,”,

• (ii) in the case of section 137A(4)(b)—

• (I) €85, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of that provision,

or

• (iii) in the case of section 137A(6)(b)—

• (I) €5 in respect of each month or part of a month falling after the expiration of the period specified in section 134(2A) or (2B), as the case may be, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) in respect of each month or part of a month for the purposes of the said section 137A(6)(b),”,

and

• (ii) by the substitution of “subsection (1), (4) or (6) of section 137A” for “subsection (1)(b) or (4)(b) of section 137A”,

• (c) in subsection (2)(b), by the substitution of “subsection (1), (4) or (6) of section 137” for “subsection (1)(b) or (4)(b) of section 137”, and

• (d) in subsection (2A)(b), by the substitution of “subsection (1), (4) or (6) of section 137A” for “subsection (1)(b) or (4)(b) of section 137A”.

54. Amendment of section 144 of Act of 2004

54. (1) Section 144 of the Act of 2004 is amended—

• (a) in subsection (1)—

• (i) by the substitution of “ought to be or ought to have been registered in the register has not been the subject of an application for registration under section 134, it may serve” for “ought to be registered in the register has not been the subject of an application for registration under section 134, it shall serve”, and

• (ii) by the substitution of “considers to be or to have been” for “considers to be”,

• (b) in subsection (7)—

• (i) by the substitution of “ought to be or ought to have been registered” for “ought to be registered”, and

• (ii) by the substitution of “exists or existed in respect of a dwelling and, accordingly, ought to be or ought to have been registered” for “exists in respect of a dwelling and, accordingly, ought to be registered”,

and

• (c) by the addition of the following subsections after subsection (7):

• “(8) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (4), it may serve on the person a notice in the prescribed form (in this section referred to as a ‘fixed payment notice’) stating that—

  • (a) the person is alleged to have committed an offence under subsection (4) (in this section referred to as the ‘alleged offence’),

  • (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

  • (c) the person is not obliged to make the payment specified in the notice,

  • (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

  • (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (9) Where a fixed payment notice is served—

  • (a) the person to whom it applies may make a payment in accordance with subsection (8)(b),

  • (b) the Board shall, upon receipt of the payment, issue a receipt for it,

  • (c) any payment received by the Board shall not be recoverable by the person who made it, and

  • (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (8)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (10) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (8)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (11) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.”.

• (2) The amendments of section 144 of the Act of 2004 effected by subsection (1)(c) shall apply only in respect of a notice served under section 144(3) of the Act of 2004 after the date of commencement of subsection (1)(c).

55. Amendment of section 144A of Act of 2004

55. (1) Section 144A of the Act of 2004 is amended—

• (a) in subsection (1), by the substitution of “If it appears to the Board that a landlord under a tenancy has failed to comply with section 139(1), the Board may” for “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”, and

• (b) by the addition of the following subsections after subsection (4):

• “(5) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (4), it may serve on the person a notice in the prescribed form (in this section referred to as a ‘fixed payment notice’) stating that—

  • (a) the person is alleged to have committed an offence under subsection (4) (in this section referred to as the ‘alleged offence’),

  • (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

  • (c) the person is not obliged to make the payment specified in the notice,

  • (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

  • (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (6) Where a fixed payment notice is served—

  • (a) the person to whom it applies may make a payment in accordance with subsection (5)(b),

  • (b) the Board shall, upon receipt of the payment, issue a receipt for it,

  • (c) any payment received by the Board shall not be recoverable by the person who made it, and

  • (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (5)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (7) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (5)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (8) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.”.

• (2) The amendments of section 144A of the Act of 2004 effected by subsection (1)(b) shall only apply in respect of a notice served under section 144A(3) of the Act of 2004 after the date of commencement of subsection (1)(b).

56. Amendment of section 145 of Act of 2004

56. Section 145 of the Act of 2004 is amended by—

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

• “(1) Where the Board has reasonable grounds for believing that any activity in connection with the letting or tenancy of a dwelling (in this section referred to as the ‘dwelling concerned’) is carried on at a premises, a person authorised in writing by the Board for the purposes of this section as respects the premises may, at all reasonable times, enter into and inspect that premises for the purposes of—

  • (a) forming an opinion as to whether any activity in connection with the letting or tenancy of any dwelling (including the dwelling concerned) is being, or has been, carried on at the premises,

  • (b) forming an opinion as to whether a tenancy of the dwelling concerned that ought to be, or ought to have been, registered in the register has been the subject of an application for registration under section 134,

  • (c) ascertaining the particulars to be specified in an application under section 134 in respect of a tenancy of the dwelling concerned, or

  • (d) determining the correctness of any particular specified in an application made under section 134 in respect of a tenancy of the dwelling concerned.

• (1A) A person referred to in subsection (1) shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (1B) authorising the entry.

• (1B) A judge of the District Court, if satisfied on the sworn information of a person referred to in subsection (1) that—

  • (a) there are reasonable grounds for suspecting that any information or records, as the said person may reasonably require for the purposes of the said person’s authorisation under this section, is or are held on any premises or any part of any premises, and

  • (b) the said person, acting under authority for the purposes of this section, has been prevented from entering the premises or any part thereof,

  may issue a warrant authorising a person authorised in writing by the Board for the purposes of this section, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned for the purposes of this section.

• (1C) An application for a warrant under subsection (1B) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the premises in respect of which the application is made is situated.”,

• (b) by the substitution of the following for subsection (2):

• “(2) A person shall not be authorised under subsection (1) unless the Board has reasonable grounds for believing that there has been a failure to comply with section 134 in respect of the dwelling concerned.”,

and

• (c) in subsection (4), by the insertion of “, or ought to have been,” after “ought to be”.

57. Amendment of section 148AG of Act of 2004

57. Section 148AG of the Act of 2004 is amended—

• (a) in subsection (1), by the insertion of “or to a fixed payment notice under section 12, 22B, 144 or 144A being served in respect of that offence” after “conduct concerned”,

• (b) in subsection (2)—

• (i) by the insertion of “, or a fixed payment notice under section 12, 22B, 144 or 144A has been served on the landlord,” after “against a landlord”, and

• (ii) by the insertion of “or the fixed payment notice has been served, as the case may be,” after “the proceedings have been or are being brought”.

58. Amendment of section 161 of Act of 2004

58. Section 161 of the Act of 2004 is amended—

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

• “(2A) During a period when—

  • (a) the Director is, by reason of illness or otherwise, unable to perform the functions of Director, or

  • (b) the office of Director is vacant,

  specified functions of the Director may, during that period, at the request of the Board and with the consent of the Minister, be performed by a member of staff of the Board designated to act as the deputy for the Director (in this section referred to as the ‘Deputy Director’).”,

and

• (b) by the addition of the following subsection after subsection (5):

• “(5A) A reference in this Act to the Director, in so far as it relates to a function to be performed by a Deputy Director under subsection (2A), shall include a reference to the Deputy Director designated under that subsection to perform that function.”.

59. Amendment of section 176 of Act of 2004

59. Section 176(3) of the Act of 2004 is amended by the substitution of “issued under section 121” for “made under section 121” in both places where it occurs.

60. Amendment of Schedule 2 to Act of 2004

60. (1) Schedule 2 to the Act of 2004 is amended by the insertion of “subsection (1)(i) or (6) of section 12,” before “subsection (4) or (5B) of section 19” in paragraph (a).

• (2) The amendment of Schedule 2 to the Act of 2004 effected by subsection (1) shall apply only in respect of a contravention of subsection (1)(i) or (6) of section 12 of the Act of 2004 occurring after the date of the commencement of subsection (1).

61. Amendment of Schedule 3 to Act of 2004

61. (1) Schedule 3 to the Act of 2004 is amended—

• (a) in Part 1—

• (i) by the substitution of the following paragraph for paragraph 7:

“7. The oral hearing shall be conducted in public unless the authorised officer determines, in accordance with rules made under section 148AF, that due to the existence of special circumstances it, or part of it, should be conducted otherwise than in public.”,

and

• (ii) by the insertion of the following paragraphs after paragraph 7:

“7A. Where an oral hearing or part of it is conducted otherwise than in public, a person shall not knowingly or recklessly publish the name, address, contact details or other personal data of a party to the oral hearing.

7B. A person who contravenes paragraph 7A shall be guilty of an offence.

7C. Criminal proceedings for an offence referred to in paragraph 7B shall not lie against a member of the staff of the Board or an authorised officer in respect of anything done in good faith by the member of the staff or authorised officer in the course of the performance or purported performance of a function under this Act.”,

and

• (b) in Part 2—

• (i) by the substitution of the following paragraph for paragraph 7:

“7. The oral hearing shall be conducted in public unless the decision maker determines, in accordance with rules made under section 148AF, that due to the existence of special circumstances it, or part of it, should be conducted otherwise than in public.”,

and

• (ii) by the insertion of the following paragraphs after paragraph 7:

“7A. Where an oral hearing or part of it is conducted otherwise than in public, a person shall not knowingly or recklessly publish the name, address, contact details or other personal data of a party to the oral hearing.

7B. A person who contravenes paragraph 7A shall be guilty of an offence.

7C. Criminal proceedings for an offence referred to in paragraph 7B shall not lie against a member of the staff of the Board or the decision maker in respect of anything done in good faith by the member of the staff or decision maker in the course of the performance or purported performance of a function under this Act.”.

• (2) The amendments of Schedule 3 to the Act of 2004 effected by subsection (1) shall apply only—

• (a) in the case of the amendments in paragraph (a) of that subsection, in respect of an oral hearing conducted under section 148S(14) of the Act of 2004 after the date of commencement of that paragraph, and

• (b) in the case of the amendments in paragraph (b) of that subsection, in respect of an oral hearing conducted under subsection (6)(a) or (7)(a) of section 148X of the Act of 2004 after the date of commencement of that paragraph.

Footnotes