S.I. No. 165/2022 - Residential Tenancies (Amendment) Act 2021 (Section 7) (Commencement) Order 2022

1. This Order may be cited as the Residential Tenancies (Amendment) Act 2021 (Section 7) (Commencement) Order 2022.

2. The 4th day of April 2022 is appointed to be the day on which

section 7

of the

Residential Tenancies (Amendment) Act 2021

(No. 39 of 2021) shall come into operation.

GIVEN under my Official Seal,

31 March, 2022.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

This Order appoints 4 April 2022 as the date on which

section 7

of the

Residential Tenancies (Amendment) Act 2021

(No. 39 of 2021) shall come into operation.

Section 7 amends section 134 (Obligation to apply to register tenancy) of the Residential Tenancies Acts 2004 to 2021 to provide that, subject to the condition outlined below, where a landlord applies to register a ‘further Part 4 tenancy’ before the commencement date (4 April 2022) for the requirement to register tenancies on an annual basis under sections 22 and 23 of the

Residential Tenancies (Amendment) Act 2019

and that tenancy still exists on 4 April 2022, no annual registration fee shall apply in respect of that ‘further Part 4 tenancy’ for so long as it exists (i.e. until it is terminated by the tenant or landlord or until the expiry of its 6 year term).

A condition applies to the temporary waiver from the annual registration fee, insofar as any outstanding registration fee associated with the relevant application to register a ‘further Part 4 tenancy’ prior to 4 April 2022 must be paid not later than 1 month (i.e. by 4 May 2022) of the commencement of the requirement to register tenancies annually.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th April,

2022.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by subsection (2) of

section 7

of the

Residential Tenancies (Amendment) Act 2021

(No. 39 of 2021), hereby order as follows