IE
(LRC Revised)
Statutory Text (1 Articles)
Number 27 of 2004
RESIDENTIAL TENANCIES ACT 2004
REVISED
Updated to 1 March 2026
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an
administrative consolidation of the
Residential Tenancies Act 2004
. It is
prepared by the Law Reform Commission in accordance with its function under the
Law
Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake
revision and consolidation of statute law.
All Acts up to and including the
Residential Tenancies (Miscellaneous Provisions) Act 2026
(3/2026), enacted 24 February 2026, and all statutory
instruments up to and including the
Residential Tenancies Act 2004 (Prescribed Form) Regulations 2026
(S.I. No. 68 of 2026), made 27 February 2026, were considered in the preparation
of this
Revised Act.
Disclaimer: While every care has
been taken in the preparation of this Revised Act, the Law Reform Commission can assume
no responsibility for and give no guarantees, undertakings or warranties concerning
the
accuracy, completeness or up to date nature of the information provided and does not
accept any liability whatsoever arising from any errors or omissions. Please notify
any
errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number
27
of
2004
RESIDENTIAL TENANCIES ACT
2004
REVISED
Updated to 1 March 2026
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1.
Short
title.
2.
Commencement.
3.
Application
of Act.
3A.
Restrictions on sub-letting and assignment of tenancy for dwellings
referred to in
section 3(4)
.
3B.
Application of Act to dwellings referred to in
section 3(4)
supplemental provisions
.
3C.
Notification to Minister of designations
.
4.
Interpretation generally.
5.
“relevant date”, “landlord”, “tenant”,
“lease”, etc.
6.
Service of
notices.
7.
Service or
giving of notice on behalf of another.
8.
Regulations
and orders.
9.
Offences.
10.
Repeal and
revocation.
11.
Expenses.
PART 2
Tenancy Obligations of Landlords and Tenants
Chapter 1
Provisions regarding
landlord’s obligations
12.
Obligations of landlords.
13.
Section 12(1)(b)
: supplemental regulations.
14.
Prohibition on penalisation of tenants.
15.
Duty
owed to certain third parties to enforce tenant’s
obligations.
Chapter 2
Provisions regarding
tenant’s obligations
16.
Obligations of tenants.
17.
Section 16
: interpretation and supplemental.
18.
No
contracting out from terms of
section 12
or
16
permitted,
etc.
PART 3
Rent and Rent Reviews
19.
Setting of
rent above market rent prohibited.
19A.
Setting
of rent under tenancy for dwellings referred to in
section
3(4)
.
19B.
Restrictions on amounts payable.
19C.
Duration
of tenancy for dwellings referred to in
section 3(1A)
.
20.
Frequency
with which rent reviews may occur.
20A.
Rent
review for dwellings referred to in
section 3(4)
.
20B.
Application of section 20 (frequency with which rent reviews may
occur).
21.
Right to
review of rent where none provided.
22.
Tenant to
be notified of new rent.
22A.
Notification of change in amount of rent following review under
section 20A
.
23.
Proceedings for rent arrears.
24.
“Market rent”, references to rent reviews, etc.
24A.
Rent
pressure zones.
24B.
Areas
deemed to be rent pressure zones.
24BA.
Relevant
area within meaning of Local Government Act 2019 deemed to be rent
pressure zone.
24C.
Application of
section 20
(frequency with which rent reviews may
occur) to rent pressure zones.
PART 4
Security of Tenure
Chapter 1
Preliminary
25.
Non-application of Part.
26.
Greater security of tenure not affected.
Chapter 2
Statement of essential
protection enjoyed by tenants
27.
Periods of occupancy before relevant date to be disregarded.
28.
Statutory protection —“
Part 4
tenancy”—
after 6 months occupation.
29.
“
Part 4
tenancy”— meaning of that
expression.
30.
Terms of
Part 4
tenancy.
31.
Section 28
and
30
: special cases.
32.
Further special case (sub-letting of
Part 4
tenancy).
Chapter 3
Termination of Part 4
tenancy
33.
Restriction on termination by landlord.
33A.
Additional requirements relating to termination by landlord.
34.
Grounds for termination by landlord.
35.
Table to
section 34
: interpretation and supplemental.
35A.
Restriction on termination of certain tenancies by landlords.
35B.
Further restriction on termination of certain tenancies by certain landlords.
36.
Termination by tenant.
37.
Deemed termination by tenant.
38.
Effect of assignment of
Part 4
tenancy.
39.
Termination on tenant’s death.
39A.
Referral of notice of termination to adjudicator under Act of
2004.
Chapter 4
Additional statutory right
— further Part 4 tenancy
40.
Interpretation (
Chapter 4
).
(Repealed)
41.
Further
Part 4
tenancy on expiry of 4 year period.
(Repealed)
42.
Termination of additional rights.
(Repealed)
Chapter 5
Successive further Part 4
tenancies may arise
43.
Purposes of Chapter.
(Repealed)
44.
Construction of certain references.
(Repealed)
45.
Further
Part 4
tenancy to arise on expiry of previous
tenancy.
(Repealed)
46.
Terms of a further
Part 4
tenancy.
(Repealed)
47.
Application of
Chapter 3
and
section 42
to every further
Part 4
tenancy.
(Repealed)
Chapter 6
Rules governing operation of
Part in cases of multiple occupants
48.
Interpretation (
Chapter 6
).
49.
General principle in relation to dwellings occupied by more.
50.
Entitlement of multiple occupant to benefit from
Part 4
tenancy.
51.
Act
of one of multiple tenants cannot prejudice the other's or others'
rights.
52.
Immaterial that tenant whose occupation gave rise to
Part 4
tenancy quits or dies.
53.
No
separate
Part 4
tenancy to arise in multiple tenant’s
favour.
Chapter 7
Miscellaneous
54.
No
contracting out from terms of Part permitted.
55.
Protection under this Part and long occupation equity.
56.
Damages for abuse of
section 34
termination procedure.
PART 5
Tenancy Terminations — Notice Periods and other Procedural
Requirements
Chapter 1
Scope of Part and
interpretation provisions
57.
Purpose of Part.
58.
Termination of tenancies restricted to means provided by this
Part.
59.
Exclusion of existing rules and enactments.
60.
Greater notice periods not affected.
61.
Construction of certain references to periods of notice and duration of
tenancies.
Chapter 2
What a valid notice of
termination must contain
62.
Requirements for a valid notice of termination.
63.
Date
to be specified for purposes of
section 62(1)(f)
.
64.
Reference to and validity of date of service of notice of
termination.
64A.
Slip or omission in notice of termination.
Chapter 3
Period of notice to be
given
64B.
Duration of tenancy for purposes of this Chapter.
65.
What
this Chapter does.
66.
Period of notice where
section 67
or
68
is
inapplicable.
67.
Period of notice for termination by landlord where tenant in
default.
68.
Period of notice for termination by tenant where landlord in
default.
69.
Exception to requirements of
sections 66
to
68
.
Chapter 4
Additional requirements and
procedures where tenancy sub-let
70.
Notices of termination in cases of tenancies that are
sub-let.
71.
Procedures on foot of service of notice mentioned in
section 70
in non-contentious case.
72.
Procedures on foot of service of notice in cases not falling under
section 71
.
Chapter 5
Miscellaneous
73.
Notice of termination by multiple tenants.
74.
Offence to do certain acts on foot of invalid termination.
PART 6
Dispute Resolution
Chapter 1
Referral of matters to Board
for resolution
75.
Interpretation (
Part 6
).
76.
Right of referral by parties to tenancy and certain other
persons.
76A.
Right of referral of complaint in respect of compliance with
section
86(1)(a)
.
76B.
Section 76A
: supplemental provisions relating to adjudication
and determination of dispute relating to complaint
.
77.
Right of referral in respect of breach of duty under
section
15
.
78.
Particular matters that may be referred (non-exhaustive
list).
79.
Different matters may be the subject of a single reference.
80.
Time
limit for referring particular type of dispute.
81.
Tenancies and sub-tenancies: referral of disputes concerning their
termination.
82.
Withdrawal of matter referred to Board.
83.
Board not to deal with reference if fee not paid or tenancy not
registered.
84.
Further right of Board not to deal with certain references.
85.
Right of Tribunal or adjudicator not to deal with reference.
86.
Status of certain matters pending determination of dispute.
87.
Remedial action taken by party in certain cases to be
disregarded.
88.
Extension of time for referring disputes to Board.
Chapter 2
Relationship between Part
and certain other dispute resolution mechanisms
89.
Dispute subject of discontinued court proceedings may be subject of
reference.
90.
Arbitration agreement not effective to oust Board’s jurisdiction
save in certain circumstances.
91.
Dispute may not be referred to Board where alternative remedy is being
pursued.
Chapter 3
Preliminary steps by Board
(include power to refer matter to Tribunal)
92.
Initial steps that may be taken by Board to resolve matters
referred.
93.
Invitation to parties to resolve matter through mediation.
94.
Exceptions to
section 93
: direct reference of matter to Tribunal,
etc.
Chapter 4
Mediation and
adjudication
95.
Mediation.
96.
[
Procedures to be followed by Board following report of
mediator.
]
97.
Adjudication.
98.
“Cooling-off” period for purposes of
section
97(4)(b)
.
99.
Adjudicator’s report.
100.
Appeal to Tribunal against adjudicator's determination.
101.
Provisions common to mediators and adjudicators.
Chapter 5
Tenancy Tribunal
102.
Tenancy Tribunals and the “Tribunal”.
103.
Membership of Tribunal, etc.
Chapter 6
Dispute resolution by
Tribunal
104.
Determination of disputes by Tribunal: procedures generally.
105.
Provisions in relation to evidence, summoning of witnesses,
etc.
106.
Proceedings to be in public.
107.
Adjournments of hearing.
108.
Determination by Tribunal of dispute and notification to
Board.
Chapter 7
Supplementary procedural
matters
109.
Power of Board to make procedural rules.
110.
Title to lands or property not to be drawn into question.
111.
Power to enter and inspect dwelling.
112.
Obligations of confidentiality.
113.
Offence of providing false information to Board.
114.
Certain proceedings and acts privileged.
114A.
Publication of certain statistics by Board.
Chapter 8
Redress that may be granted
under this Part
115.
Redress that may be granted on foot of determination.
116.
Determination may require sub-tenancy to be quitted in certain
cases.
117.
Redress of an interim nature may be granted.
118.
Discretion to refuse direction for possession.
119.
Certain directions to be given in the case of arrears of
rent.
120.
Circumstances of landlord or tenant not to be taken account of in
certain cases.
Chapter 9
Determination orders and
enforcement generally
121.
Determination orders.
122.
Provision to ensure consistency between determinations.
123.
Binding nature of determination orders.
124.
Enforcement of determination orders.
125.
Cancellation of determination order in cases of
nonappearance.
125A.
Cancellation of return of deposit in cases of failure to provide
statement of agreement or disagreement
.
126.
Offence for failure to comply with determination order.
PART 7
Registration of Tenancies
Chapter 1
Private residential
tenancies register
127.
Establishment of register.
128.
Published register.
129.
Inspection of published register.
130.
Register and published register may be kept in electronic
form.
131.
Publication of aggregated details derived from register.
132.
Furnishing of entries in registers, etc.
133.
Confirmation to parties to tenancy as to particulars specified in an
application under
section 134
.
Chapter 2
Procedure for
registration
134.
Obligation to apply to register tenancy.
135.
Section 134
: supplemental provisions.
135A.
Obligation to transmit deposit to Board.
135B.
Enforcement of obligations under
section 135A
.
136.
Particulars to be specified in application under
section
134
.
137.
Fee
to accompany application under
section 134
.
137A.
Fee to accompany application under
section 134(2A)
.
138.
Variation of fee in line with changes in value of money.
Chapter 3
Updating of register and
enforcement of requirement to register
139.
Updating of particulars entered in the register.
140.
Amendment of register by Board of its own volition.
141.
Deletion from register of a tenancy.
142.
Presumption in relation to date of commencement of tenancy.
143.
Offence for furnishing false or misleading information.
144.
Provision in aid of enforcement of registration requirements.
144A.
Enforcement of requirement to update particulars.
145.
Further provisions in aid of enforcement of registration
requirements.
Chapter 4
Data exchange —
private residential tenancies
146.
Data exchange — private residential tenancies.
147.
Exchange of public service data.
147A.
Disclosure of certain information to Revenue Commissioners.
147B.
Disclosure of information by Revenue Commissioners to Board.
148.
Provision of details of tenancy to Revenue Commissioners.
148A.
Obligation of parties in relation to return of deposit
.
148B.
Return of deposit by Board
.
148C.
Agreement between the parties on the return of deposit
.
148D.
Return by Board of deposit where joint agreed application made under
section 148C
.
148E.
Application for return of deposit where no agreement between the
parties
.
148F.
Notification by Board of application for return of deposit where no
agreement between the parties
.
148G.
Return of deposit where statement of agreement under
section 148F
received
.
148H.
Notification to parties of statement of disagreement under
section
148F
.
148I.
Notification by Board where no statement of agreement, or disagreement,
received within prescribed period
.
148J.
Return of deposit where statement of agreement under
section 148I
received
.
148K.
Notification to parties of statement of disagreement under
section
148I
.
148L.
Return of deposit where no notification of agreement or disagreement
made
.
148M.
Offence of furnishing false or misleading information in relation to
return of deposit
.
148N.
Notifications by Board for purposes of return of deposit
.
148O.
Reference by party of return of deposit to Board as a dispute for
resolution under
Part 6
.
148P.
Transitional provisions relating to transmission of deposits of certain
tenancies
.
148Q.
Enforcement of obligation under
section 148P
.
PART 7A
Complaints, Investigations and Sanctions
148R.
Interpretation (
Part 7A
)
.
148S.
Powers of authorised officer
.
148T.
Complaint
.
148U.
Board to appoint authorised officer and decision maker
.
148V.
Notice of investigation
.
148W.
Acknowledgment of contravention
.
148X.
Investigation report and decision
.
148Y.
Receipt of decision by Board
.
148Z.
Decision and requirement of confirmation
.
148AA.
Appeal to Circuit Court against decision to impose sanction
.
148AB.
Application to Circuit Court to confirm decision to impose
sanction
.
148AC.
Provisions supplementary to
sections 148AA
and
148AB
.
148AD.
Matters to be considered in determining nature of sanction
.
148AE.
Publication of sanctions
.
148AF.
Procedural rules
.
148AG.
Relationship between investigation and criminal proceedings
.
PART 8
Private Residential Tenancies Board
Chapter 1
Establishment and principal
functions of Board
149.
Establishment day.
150.
Establishment of Board.
151.
Functions of Board.
152.
Model lease.
Chapter 2
Composition of Board
153.
Membership of Board.
154.
Supplemental provisions as to membership of Board.
155.
Chairperson of Board.
Chapter 3
Meetings and
committees
156.
Meetings of Board.
157.
Committees of Board.
158.
Supplemental provisions as to committees of Board.
159.
Dispute Resolution Committee.
Chapter 4
Management of Board
160.
Director of Board.
161.
Supplemental provisions in relation to Director.
Chapter 5
Staff of Board and
superannuation matters
162.
Staff of Board.
163.
Superannuation.
Chapter 6
Appointment or engagement of
certain persons
164.
Mediators and adjudicators.
165.
Removal of an adjudicator from the panel.
166.
Consultants and advisers.
167.
Provision of services to Board.
Chapter 7
Supplemental provisions with
regard to Board's administration and management
168.
Indemnification of certain persons.
169.
Membership of either House of the Oireachtas, etc.
170.
Disclosure of interests.
171.
Section 170
: supplemental provisions.
172.
Disclosure of information.
173.
Seal of Board.
Chapter 8
Financial and accountability
provisions
174.
Grants to Board.
175.
Borrowings by Board.
176.
Fees.
177.
Accounts.
177A.
Designated tenancy deposit account
.
177B.
Withdrawal by Board of interest from designated tenancy deposit
account
.
178.
Further provisions with respect to accounts (including their
audit).
179.
Accountability of Director to Oireachtas Committees.
180.
Reports and information to Minister.
180A.
Reports to Minister concerning determination of complaints under
section 76A
.
181.
Reports to Board.
PART 9
Miscellaneous
182.
Limitation on certain disputes being the subject of court
proceedings.
183.
Guidelines to Board.
184.
Voidance
of provisions designed to facilitate terminations.
185.
Obligation to inform prospective sub-tenant of nature of
tenancy.
186.
Tenant
may terminate where consent to assignment or subletting
withheld.
187.
Duty of
management companies in relation to certain complaints.
188.
Provision
of information in relation to service charges by management
companies.
189.
Jurisdiction in aid of
Part 6
resolution procedure.
190.
Section 189
: supplemental provisions.
191.
Long
occupation equity (ability to renounce entitlement to it).
192.
Long
occupation equity (prospective abolition of entitlement to
it).
193.
Non-application of certain enactments.
194.
Deemed
termination of tenancy to which
Part 4
does not apply.
195.
Proposed
overholding under a fixed term tenancy.
196.
Equal
Status Act 2000 not prejudiced.
197.
Amendment
of Housing (Miscellaneous Provisions) Act 1997.
198.
Amendment
of Housing Act 1966.
199.
Amendment
of sections 58 and 60 of Landlord and Tenant (Amendment) Act
1980.
200.
Amendment
of sections 3 and 20 of Housing (Miscellaneous Provisions) Act
1992.
201.
Amendment
of section 34 of Housing (Miscellaneous Provisions) Act 1992.
202.
Regulations to remove difficulties.
SCHEDULE 1
Protection for Sub-Tenancies Created out of
Part 4
Tenancies
SCHEDULE 2
Improper Conduct
SCHEDULE 3
Provisions applicable to Oral Hearings conducted pursuant to
section 148S
or
148X
PART 1
Oral Hearing conducted by
authorised officer pursuant to
section 148S(15)
PART 2
Oral Hearing conducted by
decision maker pursuant to
section 148X(6)
or
(7)
Acts Referred to
Adoption Acts 1952 to 1998
Arbitration Act 1954
1954, No. 26
Civil Liability Act 1961
1961, No. 41
Civil Service Commissioners Act 1956
1956, No. 45
Civil Service Regulation Acts 1956 to 1996
Companies Acts 1963 to 2003
Comptroller and Auditor General (Amendment) Act
1993
1993, No. 8
Conveyancing Act 1881
1881, c. 41
Conveyancing and Law of Property Act 1892
1892, c. 13
Criminal Law Amendment Act 1912
1912, c. 20
Equal Status Act 2000
2000, No. 8
European Parliament Elections Act 1997
1997, No. 2
Finance Act 1999
1999, No. 2
Health Act 1970
1970, No. 1
Health (Eastern Regional Health Authority) Act
1999
1999, No. 13
Housing Act 1966
1966, No. 21
Housing Act 1988
1988, No. 28
Housing Acts 1966 to 1997
Housing Acts 1966 to 2002
Housing (Miscellaneous Provisions) Act 1992
1992, No. 18
Housing (Miscellaneous Provisions) Act 1997
1997, No. 21
Housing (Miscellaneous Provisions) Act 2002
2002, No. 9
Housing (Private Rented Dwellings) Act 1982
1982, No. 6
Housing (Traveller Accomodation) Act 1998
1998, No. 33
Interpretation Act 1937
1937, No. 38
Landlord and Tenant Act 1931
1931, No. 55
Landlord and Tenant (Amendment) Act 1980
1980, No. 10
Landlord and Tenant (Amendment) Act 1994
1994, No. 20
Landlord and Tenant (Ground Rents) (No. 2) Act
1978
1978, No. 7
Landlord and Tenant Law Amendment Act Ireland
1860
1860, c. 154
Local Government Act 2001
2001, No. 37
Organisation of Working Time Act 1997
1997, No. 20
Petty Sessions (Ireland) Act 1851
1851, c. 93
Planning and Development Act 2000
2000, No. 30
Public Offices Fees Act 1879
1879, c. 58
Social Welfare (Consolidation) Act 1993
1993, No. 27
Statute of Limitations 1957
1957, No. 6
Succession Act 1965
1965, No. 27
Taxes Consolidation Act 1997
1997, No. 39
Urban Renewal Act 1998
1998, No. 27
Number
27
of
2004
RESIDENTIAL TENANCIES ACT
2004
REVISED
Updated to 1 March 2026
AN ACT TO PROVIDE—
(
a
) IN ACCORDANCE WITH THE
EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF
CERTAIN
DWELLINGS,
(
b
) FOR AMENDMENTS OF THE
LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH
OF THE
PARTIES TO TENANCIES OF CERTAIN DWELLINGS,
(
c
) WITH THE AIM OF ALLOWING
DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT
OF
A BODY TO BE KNOWN AS AN BORD UM THIONÓNTACHTAÍ CÓNAITHE
PRÍOBHÁIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES
BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION
TO
THE RESOLUTION OF SUCH DISPUTES,
(
d
) FOR THE REGISTRATION OF
TENANCIES OF CERTAIN DWELLINGS, AND
(
e
) FOR RELATED MATTERS.
[19
th July
2004]
BE IT ENACTED BY THE OIREACHTAS AS
FOLLOWS
Annotations
Modifications (not altering
text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 27 of 2004
Residential Tenancies Act 2004
The whole Act.
...
...
...
C2
Application of Act
modified in relation to cost rental dwellings (19.08.2021) by
Affordable
Housing Act 2021
(25/2021), s. 32, S.I. No. 424 of 2021.
Application of Act of
2004
32.
(1) Save insofar as it
is excluded by this section or section 33, or otherwise inconsistent with this
Part, the Act of 2004 shall—
(
a
) subject to subsection
(2) of section 3 of the Act of 2004, apply to every cost rental dwelling, the
subject of a tenancy, and
(
b
) notwithstanding
paragraph (a), apply to a dwelling of a type referred to in subsection (2)(c) of
section 3 of the Act of 2004.
...
C3
Application of Act
restricted (11.01.2021) by
Planning and Development, and Residential Tenancies,
Act 2020
(27/2020), s. 13, commenced as per s. 1(3).
Prohibition on rent increases
during emergency period
13. Notwithstanding the Act of
2004—
(
a
) an increase in the
rent under the tenancy of a dwelling that, but for this section, would take effect
during the emergency period shall not take effect during that period, and
(
b
) an increase (other
than an increase that came into effect before 11 January 2021) in the rent under
the tenancy of a dwelling shall not be payable in respect of the emergency period
or any period falling during the emergency period.
C4
Application of Act restricted for emergency period (27.03.2020 to
27.06.2020, extended to 20.07.2020 and to 1.08.2020) by
Emergency Measures in
the Public Interest (Covid-19) Act 2020
(2/2020), ss. 5-8, commenced on
enactment, extended by S.I. No. 224 of 2020 and S.I. No. 254 of 2020.
Notices of termination
under Act of 2004
5.
(1) (
a
) A
landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period.
(
b
) A tenant who,
but for the operation of
subsection (1)
, would not acquire any rights under
Part 4 of the Act of 2004 shall not, by virtue of such operation, acquire such
rights.
(2) (
a
) Subject to
paragraph (b)
, where a notice of termination (that cites as a reason for
the termination concerned the ground specified in paragraph 1 of the Table to
section 34 of the Act of 2004) served before the emergency period specifies a
termination date that falls during or after the emergency period, the termination
date under that notice shall be deemed to be the revised termination date.
(
b
) If a dispute or
complaint in respect of a matter that occasioned the giving of a notice to which
paragraph (a)
applies is referred to the Board in accordance with
section 78 of the Act of 2004, that paragraph shall cease to have effect in
relation to that notice—
(i) upon the expiration
of 10 days from the making of a determination by an adjudicator under subsection
(4) of section 97 of the Act of 2004 in relation to the dispute or complaint
concerned save where an appeal from that determination is brought before the
Tribunal, or
(ii) upon the making of a
determination by the Tribunal under section 108 (other than a decision referred to
in subsection (2) of that section) of the Act of 2004 in respect of such an
appeal.
(3) Where a notice of
termination (other than a notice of termination to which
subsection (1)
applies) referred to in section 34 of the Act of 2004 served before the emergency
period specifies a termination date that falls during or after the emergency
period, the termination date under that notice shall be deemed to be the revised
termination date.
(4) (
a
) Where a
notice of termination in respect of a tenancy of a dwelling of less than 6 months
duration served before the emergency period specifies a termination date that
falls during or after the emergency period, the termination date under that notice
shall be deemed to be the revised termination date.
(
b
) A tenant shall
not, by virtue of the operation of this subsection, acquire any rights under Part
4 of the Act of 2004.
(5) Section 67 of the Act
of 2004 shall have effect during the emergency period as if, in
subsection
(3)
, “28 days” were substituted for “14 days”.
(6) In this section
“revised termination date” means, in the case of a notice of termination
served before the emergency period, the date immediately following the expiration
of a period that consists of the aggregate of—
(
a
) the period of
notice that remains unexpired on the commencement of the emergency period, and
(
b
) the emergency
period.
(7) (
a
)
Notwithstanding any of the provisions in this section, all proposed evictions in
all tenancies in the State, including those not covered by the Act of 2004, are
prohibited during the operation of the
Emergency Measures in the Public
Interest (Covid-19) Act 2020
.
(
b
) For the
avoidance of doubt, this section applies to all Local Authority and Approved
Housing body dwellings.
(
c
) For the
avoidance of doubt, all Travellers who are currently resident in any location
should not during this crisis be evicted from that location except where movement
is required to ameliorate hardship and provide protection and subject to
consultation with the Travellers involved.
Prohibition on rent
increases under Act of 2004
6.
Notwithstanding
the Act of 2004, an increase in the rent under the tenancy of a
dwelling—
(
a
) that, but for
this section, would take effect during the emergency period shall not take effect
during that period, and
(
b
) shall not be
payable in respect of any period falling during the emergency period.
Proceedings before
Tenancy Tribunal
7.
Subsection (1) of
section 106 of the Act of 2004 shall not have effect during the emergency
period.
Entitlement to remain in
occupation of dwelling during emergency period
8.
(1) A
tenant—
(
a
) upon whom a
notice of termination was served in accordance with the Act of 2004 before the
commencement of the emergency period, and
(
b
) who has
remained in occupation of the dwelling to which the notice relates from the
expiration of the required period of notice (whether or not with the consent of
the landlord concerned) until the date of the commencement of the emergency
period,
shall be entitled to remain
in occupation of the dwelling until the expiration of the emergency period subject
to terms and conditions that shall be the same as the terms and conditions that
applied in respect of the tenancy of the dwelling concerned immediately before the
service of that notice, unless—
(i) the tenant is required
to vacate the dwelling in accordance with a determination of an adjudicator under
subsection (4) of section 97 of the Act of 2004, or
(ii) where an appeal from
that determination is brought, the tenant is required to vacate the dwelling in
accordance with a determination of the Tribunal under section 108 of that Act.
(2) A person shall not, by
virtue of the operation of this section, acquire any rights under Part 4 of the
Act of 2004.
C5
Application of Act extended to licences and licence agreements
(15.07.2019) by
Residential Tenancies (Amendment) Act 2019
(14/2019), s.
37, S.I. No. 354 of 2019, as substituted (15.07.2019) by
Local Government Rates
and other Matters Act 2019
(24/2019), s. 26(d), S.I. No. 355 of 2019.
Application of Act of
2004 to certain licences
[37.
(1) The Act of
2004 shall apply to licences to which this section applies and licence agreements
as it applies to tenancies of dwellings referred to in subsection (1A) of section
3 of that Act and tenancy agreements relating to such tenancies, subject to the
following, and any other necessary, modifications
(
a
) references to
tenancy shall be construed as references to licence to which this section applies;
(
b
) references to
tenancy agreement shall be construed as references to licensing agreement;
(
c
) references to
landlord shall be construed as references to licensor;
(
d
) references to
tenant (other than a tenant to whom the definition of "multiple tenants" in
subsection (1) of section 48 applies) shall be construed as references to
licensee;
(
e
) references to
dwelling shall be construed as references to a residential unit (whether or not
self-contained) situated in student accommodation;
(
f
) references to
rent shall be construed as references to payments or charges (howsoever described)
payable under a licence agreement to the licensor by any person (whether or not
the licensee) in consideration of the licence concerned; and
(
g
) the deletion,
in paragraph (a) of subsection (1) of section 12, of the words "and exclusive".
(2) This section does not
apply to a licence in respect of student accommodation in which the licensor
(other than a licensor who is not an individual) resides, and references in this
section to licence to which this section applies shall be construed accordingly.
(3) In this
section—
"licence" means a
licence—
(
a
) given by the
owner (in this section referred to as the "licensor") of student accommodation to
a student (in this section referred to as the "licensee"), and
(
b
) created not
earlier than one month after the commencement of this section, permitting the
licensee to enter and reside in a residential unit (whether or not self-contained)
within that student accommodation in consideration of the making by any person
(whether or not the licensee) of a payment or payments to the licensor;
"licence agreement" means
an agreement (whether or not in writing) between the owner of student
accommodation and a student giving a licence to which this section applies to the
student;
"owner" means, in relation
to student accommodation, any person (other than a mortgagee not in possession)
who has an estate or interest in that accommodation;
"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 );
"student accommodation"
means a building, or part of a building, used for the sole purpose (subject to
paragraphs (a)
,
(b)
and
(c)
) of providing residential
accommodation to students during academic term times—
(
a
) whether or not
the building or part of the building concerned is used for any other purpose
outside of those times,
(
b
) whether or not
any such students are permitted to reside there outside of those times, and
(
c
) whether or not
any person other than a student resides there, provided that the purpose of the
said person’s residing there serves the first-mentioned purpose.
]
C6
Rights under collectively cited
Residential Tenancies Acts
not
affected in certain circumstances (1.01.2019) by
Domestic Violence Act 2018
(6/2018), s. 32, S.I. No. 532 of 2019.
Orders not to affect
rights under certain enactments or estate or interest
32. (1) Where, by reason
only of an interim barring order, emergency barring order or a barring order, a
person is not residing at a place during any period, that person shall be deemed,
for the purposes of any rights under the Statutes of Limitations, the Landlord and
Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and
1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place
during that period.
(2) Except in so far as the
exercise by a respondent of a right to occupy the place to which a barring order,
an interim barring order or an emergency barring order relates is suspended by
virtue of the order, that order shall not affect any estate or interest in that
place of that respondent or any other person.
Annotations
Modifications (not altering
text)
C1
Functions transferred and
references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief
executive" and "deputy chief executive" construed (16.05.2024) by
Local
Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions
(other than functions conferred by or under an enactment specified in Part 1 of
Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the
Mayor.
(2) All functions (other than
functions conferred by or under an enactment specified in Part 2 of Schedule 1)
that, immediately before the vesting day, vested in the chief executive of
Limerick City and County Council shall, on and after that day, vest in the Mayor.
(3) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 1 of
Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a
reference in any enactment (other than an enactment specified in Part 2 of
Schedule 1) to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Príomh
Chomhairleoir
23.
(1) All functions
conferred by or under an enactment specified in Part 1 of Schedule 1 that,
immediately before the vesting day, vested in the Cathaoirleach of Limerick City
and County Council shall, on and after that day, vest in the Príomh
Chomhairleoir.
(2) From the vesting day, a
reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or
Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of
Limerick City and County Council, be construed as a reference to the Príomh
Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the
context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Functions of Leas-Phríomh
Chomhairleoir
25.
(1) All functions
conferred by or under any enactment that, immediately before the vesting day,
vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on
and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a
reference in any enactment to Leas-Chathaoirleach shall, in so far as that
reference applies to the Leas-Chathaoirleach of Limerick City and County Council,
be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a
reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
Director general
26.
(1) The chief executive
of Limerick City and County Council shall, on and after the vesting day, be known
as the director general of Limerick City and County Council and is in this Act
referred to as the “director general”.
(2) The person who, immediately
before the vesting day, was the chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in an enactment specified in Part 2 of Schedule 1 to chief executive
shall, in so far as that reference applies to the chief executive of Limerick City
and County Council, be construed as a reference to the director general, or as
including a reference to the director general, as the context may require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
Deputy director general
28.
(1) On and after the
vesting day, a deputy chief executive appointed by the director general under
section 148 of the Principal Act shall be known as the deputy director general of
Limerick City and County Council and is, in this Act, referred to as the “deputy
director general”.
(2) The person who, immediately
before the vesting day, was the deputy chief executive of Limerick City and County
Council shall, on and after that day, continue in office and be referred to in
accordance with subsection (1).
(3) On and after the vesting day,
a reference in any enactment to deputy chief executive shall, in so far as the
reference applies to the deputy chief executive of Limerick City and County
Council, be construed as a reference to the deputy director general, or as
including a reference to the deputy director general, as the context may
require.
(4) This section shall apply
subject to the modifications of the Principal Act specified in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of
Sections 10 and 23
Number and
Year
(1)
Provision
(2)
Extent of
Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,
34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),
141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8),
178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and
220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10,
13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule
14.
PART 2
Enactments for Purposes of
Sections 10 and 26
Number and
Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 27 of 2004
Residential Tenancies Act 2004
The whole Act.
...
...
...
C2
Application of Act
modified in relation to cost rental dwellings (19.08.2021) by
Affordable
Housing Act 2021
(25/2021), s. 32, S.I. No. 424 of 2021.
Application of Act of
2004
32.
(1) Save insofar as it
is excluded by this section or section 33, or otherwise inconsistent with this
Part, the Act of 2004 shall—
(
a
) subject to subsection
(2) of section 3 of the Act of 2004, apply to every cost rental dwelling, the
subject of a tenancy, and
(
b
) notwithstanding
paragraph (a), apply to a dwelling of a type referred to in subsection (2)(c) of
section 3 of the Act of 2004.
...
C3
Application of Act
restricted (11.01.2021) by
Planning and Development, and Residential Tenancies,
Act 2020
(27/2020), s. 13, commenced as per s. 1(3).
Prohibition on rent increases
during emergency period
13. Notwithstanding the Act of
2004—
(
a
) an increase in the
rent under the tenancy of a dwelling that, but for this section, would take effect
during the emergency period shall not take effect during that period, and
(
b
) an increase (other
than an increase that came into effect before 11 January 2021) in the rent under
the tenancy of a dwelling shall not be payable in respect of the emergency period
or any period falling during the emergency period.
C4
Application of Act restricted for emergency period (27.03.2020 to
27.06.2020, extended to 20.07.2020 and to 1.08.2020) by
Emergency Measures in
the Public Interest (Covid-19) Act 2020
(2/2020), ss. 5-8, commenced on
enactment, extended by S.I. No. 224 of 2020 and S.I. No. 254 of 2020.
Notices of termination
under Act of 2004
5.
(1) (
a
) A
landlord shall not serve a notice of termination in relation to the tenancy of a
dwelling during the emergency period.
(
b
) A tenant who,
but for the operation of
subsection (1)
, would not acquire any rights under
Part 4 of the Act of 2004 shall not, by virtue of such operation, acquire such
rights.
(2) (
a
) Subject to
paragraph (b)
, where a notice of termination (that cites as a reason for
the termination concerned the ground specified in paragraph 1 of the Table to
section 34 of the Act of 2004) served before the emergency period specifies a
termination date that falls during or after the emergency period, the termination
date under that notice shall be deemed to be the revised termination date.
(
b
) If a dispute or
complaint in respect of a matter that occasioned the giving of a notice to which
paragraph (a)
applies is referred to the Board in accordance with
section 78 of the Act of 2004, that paragraph shall cease to have effect in
relation to that notice—
(i) upon the expiration
of 10 days from the making of a determination by an adjudicator under subsection
(4) of section 97 of the Act of 2004 in relation to the dispute or complaint
concerned save where an appeal from that determination is brought before the
Tribunal, or
(ii) upon the making of a
determination by the Tribunal under section 108 (other than a decision referred to
in subsection (2) of that section) of the Act of 2004 in respect of such an
appeal.
(3) Where a notice of
termination (other than a notice of termination to which
subsection (1)
applies) referred to in section 34 of the Act of 2004 served before the emergency
period specifies a termination date that falls during or after the emergency
period, the termination date under that notice shall be deemed to be the revised
termination date.
(4) (
a
) Where a
notice of termination in respect of a tenancy of a dwelling of less than 6 months
duration served before the emergency period specifies a termination date that
falls during or after the emergency period, the termination date under that notice
shall be deemed to be the revised termination date.
(
b
) A tenant shall
not, by virtue of the operation of this subsection, acquire any rights under Part
4 of the Act of 2004.
(5) Section 67 of the Act
of 2004 shall have effect during the emergency period as if, in
subsection
(3)
, “28 days” were substituted for “14 days”.
(6) In this section
“revised termination date” means, in the case of a notice of termination
served before the emergency period, the date immediately following the expiration
of a period that consists of the aggregate of—
(
a
) the period of
notice that remains unexpired on the commencement of the emergency period, and
(
b
) the emergency
period.
(7) (
a
)
Notwithstanding any of the provisions in this section, all proposed evictions in
all tenancies in the State, including those not covered by the Act of 2004, are
prohibited during the operation of the
Emergency Measures in the Public
Interest (Covid-19) Act 2020
.
(
b
) For the
avoidance of doubt, this section applies to all Local Authority and Approved
Housing body dwellings.
(
c
) For the
avoidance of doubt, all Travellers who are currently resident in any location
should not during this crisis be evicted from that location except where movement
is required to ameliorate hardship and provide protection and subject to
consultation with the Travellers involved.
Prohibition on rent
increases under Act of 2004
6.
Notwithstanding
the Act of 2004, an increase in the rent under the tenancy of a
dwelling—
(
a
) that, but for
this section, would take effect during the emergency period shall not take effect
during that period, and
(
b
) shall not be
payable in respect of any period falling during the emergency period.
Proceedings before
Tenancy Tribunal
7.
Subsection (1) of
section 106 of the Act of 2004 shall not have effect during the emergency
period.
Entitlement to remain in
occupation of dwelling during emergency period
8.
(1) A
tenant—
(
a
) upon whom a
notice of termination was served in accordance with the Act of 2004 before the
commencement of the emergency period, and
(
b
) who has
remained in occupation of the dwelling to which the notice relates from the
expiration of the required period of notice (whether or not with the consent of
the landlord concerned) until the date of the commencement of the emergency
period,
shall be entitled to remain
in occupation of the dwelling until the expiration of the emergency period subject
to terms and conditions that shall be the same as the terms and conditions that
applied in respect of the tenancy of the dwelling concerned immediately before the
service of that notice, unless—
(i) the tenant is required
to vacate the dwelling in accordance with a determination of an adjudicator under
subsection (4) of section 97 of the Act of 2004, or
(ii) where an appeal from
that determination is brought, the tenant is required to vacate the dwelling in
accordance with a determination of the Tribunal under section 108 of that Act.
(2) A person shall not, by
virtue of the operation of this section, acquire any rights under Part 4 of the
Act of 2004.
C5
Application of Act extended to licences and licence agreements
(15.07.2019) by
Residential Tenancies (Amendment) Act 2019
(14/2019), s.
37, S.I. No. 354 of 2019, as substituted (15.07.2019) by
Local Government Rates
and other Matters Act 2019
(24/2019), s. 26(d), S.I. No. 355 of 2019.
Application of Act of
2004 to certain licences
[37.
(1) The Act of
2004 shall apply to licences to which this section applies and licence agreements
as it applies to tenancies of dwellings referred to in subsection (1A) of section
3 of that Act and tenancy agreements relating to such tenancies, subject to the
following, and any other necessary, modifications
(
a
) references to
tenancy shall be construed as references to licence to which this section applies;
(
b
) references to
tenancy agreement shall be construed as references to licensing agreement;
(
c
) references to
landlord shall be construed as references to licensor;
(
d
) references to
tenant (other than a tenant to whom the definition of "multiple tenants" in
subsection (1) of section 48 applies) shall be construed as references to
licensee;
(
e
) references to
dwelling shall be construed as references to a residential unit (whether or not
self-contained) situated in student accommodation;
(
f
) references to
rent shall be construed as references to payments or charges (howsoever described)
payable under a licence agreement to the licensor by any person (whether or not
the licensee) in consideration of the licence concerned; and
(
g
) the deletion,
in paragraph (a) of subsection (1) of section 12, of the words "and exclusive".
(2) This section does not
apply to a licence in respect of student accommodation in which the licensor
(other than a licensor who is not an individual) resides, and references in this
section to licence to which this section applies shall be construed accordingly.
(3) In this
section—
"licence" means a
licence—
(
a
) given by the
owner (in this section referred to as the "licensor") of student accommodation to
a student (in this section referred to as the "licensee"), and
(
b
) created not
earlier than one month after the commencement of this section, permitting the
licensee to enter and reside in a residential unit (whether or not self-contained)
within that student accommodation in consideration of the making by any person
(whether or not the licensee) of a payment or payments to the licensor;
"licence agreement" means
an agreement (whether or not in writing) between the owner of student
accommodation and a student giving a licence to which this section applies to the
student;
"owner" means, in relation
to student accommodation, any person (other than a mortgagee not in possession)
who has an estate or interest in that accommodation;
"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 );
"student accommodation"
means a building, or part of a building, used for the sole purpose (subject to
paragraphs (a)
,
(b)
and
(c)
) of providing residential
accommodation to students during academic term times—
(
a
) whether or not
the building or part of the building concerned is used for any other purpose
outside of those times,
(
b
) whether or not
any such students are permitted to reside there outside of those times, and
(
c
) whether or not
any person other than a student resides there, provided that the purpose of the
said person’s residing there serves the first-mentioned purpose.
]
C6
Rights under collectively cited
Residential Tenancies Acts
not
affected in certain circumstances (1.01.2019) by
Domestic Violence Act 2018
(6/2018), s. 32, S.I. No. 532 of 2019.
Orders not to affect
rights under certain enactments or estate or interest
32. (1) Where, by reason
only of an interim barring order, emergency barring order or a barring order, a
person is not residing at a place during any period, that person shall be deemed,
for the purposes of any rights under the Statutes of Limitations, the Landlord and
Tenant Acts 1967 to 2008, the Housing (Private Rented Dwellings) Acts 1982 and
1983 and the Residential Tenancies Acts 2004 to 2015, to be residing at that place
during that period.
(2) Except in so far as the
exercise by a respondent of a right to occupy the place to which a barring order,
an interim barring order or an emergency barring order relates is suspended by
virtue of the order, that order shall not affect any estate or interest in that
place of that respondent or any other person.
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1.
Short
title.
2.
Commencement.
3.
Application
of Act.
3A.
Restrictions on sub-letting and assignment of tenancy for dwellings
referred to in
section 3(4)
.
3B.
Application of Act to dwellings referred to in
section 3(4)
supplemental provisions
.
3C.
Notification to Minister of designations
.
4.
Interpretation generally.
5.
“relevant date”, “landlord”, “tenant”,
“lease”, etc.
6.
Service of
notices.
7.
Service or
giving of notice on behalf of another.
8.
Regulations
and orders.
9.
Offences.
10.
Repeal and
revocation.
11.
Expenses.
PART 2
Tenancy Obligations of Landlords and Tenants
Chapter 1
Provisions regarding
landlord’s obligations
12.
Obligations of landlords.
13.
Section 12(1)(b)
: supplemental regulations.
14.
Prohibition on penalisation of tenants.
15.
Duty
owed to certain third parties to enforce tenant’s
obligations.
Chapter 2
Provisions regarding
tenant’s obligations
16.
Obligations of tenants.
17.
Section 16
: interpretation and supplemental.
18.
No
contracting out from terms of
section 12
or
16
permitted,
etc.
PART 3
Rent and Rent Reviews
19.
Setting of
rent above market rent prohibited.
19A.
Setting
of rent under tenancy for dwellings referred to in
section
3(4)
.
19B.
Restrictions on amounts payable.
19C.
Duration
of tenancy for dwellings referred to in
section 3(1A)
.
20.
Frequency
with which rent reviews may occur.
20A.
Rent
review for dwellings referred to in
section 3(4)
.
20B.
Application of section 20 (frequency with which rent reviews may
occur).
21.
Right to
review of rent where none provided.
22.
Tenant to
be notified of new rent.
22A.
Notification of change in amount of rent following review under
section 20A
.
23.
Proceedings for rent arrears.
24.
“Market rent”, references to rent reviews, etc.
24A.
Rent
pressure zones.
24B.
Areas
deemed to be rent pressure zones.
24BA.
Relevant
area within meaning of Local Government Act 2019 deemed to be rent
pressure zone.
24C.
Application of
section 20
(frequency with which rent reviews may
occur) to rent pressure zones.
PART 4
Security of Tenure
Chapter 1
Preliminary
25.
Non-application of Part.
26.
Greater security of tenure not affected.
Chapter 2
Statement of essential
protection enjoyed by tenants
27.
Periods of occupancy before relevant date to be disregarded.
28.
Statutory protection —“
Part 4
tenancy”—
after 6 months occupation.
29.
“
Part 4
tenancy”— meaning of that
expression.
30.
Terms of
Part 4
tenancy.
31.
Section 28
and
30
: special cases.
32.
Further special case (sub-letting of
Part 4
tenancy).
Chapter 3
Termination of Part 4
tenancy
33.
Restriction on termination by landlord.
33A.
Additional requirements relating to termination by landlord.
34.
Grounds for termination by landlord.
35.
Table to
section 34
: interpretation and supplemental.
35A.
Restriction on termination of certain tenancies by landlords.
35B.
Further restriction on termination of certain tenancies by certain landlords.
36.
Termination by tenant.
37.
Deemed termination by tenant.
38.
Effect of assignment of
Part 4
tenancy.
39.
Termination on tenant’s death.
39A.
Referral of notice of termination to adjudicator under Act of
2004.
Chapter 4
Additional statutory right
— further Part 4 tenancy
40.
Interpretation (
Chapter 4
).
(Repealed)
41.
Further
Part 4
tenancy on expiry of 4 year period.
(Repealed)
42.
Termination of additional rights.
(Repealed)
Chapter 5
Successive further Part 4
tenancies may arise
43.
Purposes of Chapter.
(Repealed)
44.
Construction of certain references.
(Repealed)
45.
Further
Part 4
tenancy to arise on expiry of previous
tenancy.
(Repealed)
46.
Terms of a further
Part 4
tenancy.
(Repealed)
47.
Application of
Chapter 3
and
section 42
to every further
Part 4
tenancy.
(Repealed)
Chapter 6
Rules governing operation of
Part in cases of multiple occupants
48.
Interpretation (
Chapter 6
).
49.
General principle in relation to dwellings occupied by more.
50.
Entitlement of multiple occupant to benefit from
Part 4
tenancy.
51.
Act
of one of multiple tenants cannot prejudice the other's or others'
rights.
52.
Immaterial that tenant whose occupation gave rise to
Part 4
tenancy quits or dies.
53.
No
separate
Part 4
tenancy to arise in multiple tenant’s
favour.
Chapter 7
Miscellaneous
54.
No
contracting out from terms of Part permitted.
55.
Protection under this Part and long occupation equity.
56.
Damages for abuse of
section 34
termination procedure.
PART 5
Tenancy Terminations — Notice Periods and other Procedural
Requirements
Chapter 1
Scope of Part and
interpretation provisions
57.
Purpose of Part.
58.
Termination of tenancies restricted to means provided by this
Part.
59.
Exclusion of existing rules and enactments.
60.
Greater notice periods not affected.
61.
Construction of certain references to periods of notice and duration of
tenancies.
Chapter 2
What a valid notice of
termination must contain
62.
Requirements for a valid notice of termination.
63.
Date
to be specified for purposes of
section 62(1)(f)
.
64.
Reference to and validity of date of service of notice of
termination.
64A.
Slip or omission in notice of termination.
Chapter 3
Period of notice to be
given
64B.
Duration of tenancy for purposes of this Chapter.
65.
What
this Chapter does.
66.
Period of notice where
section 67
or
68
is
inapplicable.
67.
Period of notice for termination by landlord where tenant in
default.
68.
Period of notice for termination by tenant where landlord in
default.
69.
Exception to requirements of
sections 66
to
68
.
Chapter 4
Additional requirements and
procedures where tenancy sub-let
70.
Notices of termination in cases of tenancies that are
sub-let.
71.
Procedures on foot of service of notice mentioned in
section 70
in non-contentious case.
72.
Procedures on foot of service of notice in cases not falling under
section 71
.
Chapter 5
Miscellaneous
73.
Notice of termination by multiple tenants.
74.
Offence to do certain acts on foot of invalid termination.
PART 6
Dispute Resolution
Chapter 1
Referral of matters to Board
for resolution
75.
Interpretation (
Part 6
).
76.
Right of referral by parties to tenancy and certain other
persons.
76A.
Right of referral of complaint in respect of compliance with
section
86(1)(a)
.
76B.
Section 76A
: supplemental provisions relating to adjudication
and determination of dispute relating to complaint
.
77.
Right of referral in respect of breach of duty under
section
15
.
78.
Particular matters that may be referred (non-exhaustive
list).
79.
Different matters may be the subject of a single reference.
80.
Time
limit for referring particular type of dispute.
81.
Tenancies and sub-tenancies: referral of disputes concerning their
termination.
82.
Withdrawal of matter referred to Board.
83.
Board not to deal with reference if fee not paid or tenancy not
registered.
84.
Further right of Board not to deal with certain references.
85.
Right of Tribunal or adjudicator not to deal with reference.
86.
Status of certain matters pending determination of dispute.
87.
Remedial action taken by party in certain cases to be
disregarded.
88.
Extension of time for referring disputes to Board.
Chapter 2
Relationship between Part
and certain other dispute resolution mechanisms
89.
Dispute subject of discontinued court proceedings may be subject of
reference.
90.
Arbitration agreement not effective to oust Board’s jurisdiction
save in certain circumstances.
91.
Dispute may not be referred to Board where alternative remedy is being
pursued.
Chapter 3
Preliminary steps by Board
(include power to refer matter to Tribunal)
92.
Initial steps that may be taken by Board to resolve matters
referred.
93.
Invitation to parties to resolve matter through mediation.
94.
Exceptions to
section 93
: direct reference of matter to Tribunal,
etc.
Chapter 4
Mediation and
adjudication
95.
Mediation.
96.
[
Procedures to be followed by Board following report of
mediator.
]
97.
Adjudication.
98.
“Cooling-off” period for purposes of
section
97(4)(b)
.
99.
Adjudicator’s report.
100.
Appeal to Tribunal against adjudicator's determination.
101.
Provisions common to mediators and adjudicators.
Chapter 5
Tenancy Tribunal
102.
Tenancy Tribunals and the “Tribunal”.
103.
Membership of Tribunal, etc.
Chapter 6
Dispute resolution by
Tribunal
104.
Determination of disputes by Tribunal: procedures generally.
105.
Provisions in relation to evidence, summoning of witnesses,
etc.
106.
Proceedings to be in public.
107.
Adjournments of hearing.
108.
Determination by Tribunal of dispute and notification to
Board.
Chapter 7
Supplementary procedural
matters
109.
Power of Board to make procedural rules.
110.
Title to lands or property not to be drawn into question.
111.
Power to enter and inspect dwelling.
112.
Obligations of confidentiality.
113.
Offence of providing false information to Board.
114.
Certain proceedings and acts privileged.
114A.
Publication of certain statistics by Board.
Chapter 8
Redress that may be granted
under this Part
115.
Redress that may be granted on foot of determination.
116.
Determination may require sub-tenancy to be quitted in certain
cases.
117.
Redress of an interim nature may be granted.
118.
Discretion to refuse direction for possession.
119.
Certain directions to be given in the case of arrears of
rent.
120.
Circumstances of landlord or tenant not to be taken account of in
certain cases.
Chapter 9
Determination orders and
enforcement generally
121.
Determination orders.
122.
Provision to ensure consistency between determinations.
123.
Binding nature of determination orders.
124.
Enforcement of determination orders.
125.
Cancellation of determination order in cases of
nonappearance.
125A.
Cancellation of return of deposit in cases of failure to provide
statement of agreement or disagreement
.
126.
Offence for failure to comply with determination order.
PART 7
Registration of Tenancies
Chapter 1
Private residential
tenancies register
127.
Establishment of register.
128.
Published register.
129.
Inspection of published register.
130.
Register and published register may be kept in electronic
form.
131.
Publication of aggregated details derived from register.
132.
Furnishing of entries in registers, etc.
133.
Confirmation to parties to tenancy as to particulars specified in an
application under
section 134
.
Chapter 2
Procedure for
registration
134.
Obligation to apply to register tenancy.
135.
Section 134
: supplemental provisions.
135A.
Obligation to transmit deposit to Board.
135B.
Enforcement of obligations under
section 135A
.
136.
Particulars to be specified in application under
section
134
.
137.
Fee
to accompany application under
section 134
.
137A.
Fee to accompany application under
section 134(2A)
.
138.
Variation of fee in line with changes in value of money.
Chapter 3
Updating of register and
enforcement of requirement to register
139.
Updating of particulars entered in the register.
140.
Amendment of register by Board of its own volition.
141.
Deletion from register of a tenancy.
142.
Presumption in relation to date of commencement of tenancy.
143.
Offence for furnishing false or misleading information.
144.
Provision in aid of enforcement of registration requirements.
144A.
Enforcement of requirement to update particulars.
145.
Further provisions in aid of enforcement of registration
requirements.
Chapter 4
Data exchange —
private residential tenancies
146.
Data exchange — private residential tenancies.
147.
Exchange of public service data.
147A.
Disclosure of certain information to Revenue Commissioners.
147B.
Disclosure of information by Revenue Commissioners to Board.
148.
Provision of details of tenancy to Revenue Commissioners.
148A.
Obligation of parties in relation to return of deposit
.
148B.
Return of deposit by Board
.
148C.
Agreement between the parties on the return of deposit
.
148D.
Return by Board of deposit where joint agreed application made under
section 148C
.
148E.
Application for return of deposit where no agreement between the
parties
.
148F.
Notification by Board of application for return of deposit where no
agreement between the parties
.
148G.
Return of deposit where statement of agreement under
section 148F
received
.
148H.
Notification to parties of statement of disagreement under
section
148F
.
148I.
Notification by Board where no statement of agreement, or disagreement,
received within prescribed period
.
148J.
Return of deposit where statement of agreement under
section 148I
received
.
148K.
Notification to parties of statement of disagreement under
section
148I
.
148L.
Return of deposit where no notification of agreement or disagreement
made
.
148M.
Offence of furnishing false or misleading information in relation to
return of deposit
.
148N.
Notifications by Board for purposes of return of deposit
.
148O.
Reference by party of return of deposit to Board as a dispute for
resolution under
Part 6
.
148P.
Transitional provisions relating to transmission of deposits of certain
tenancies
.
148Q.
Enforcement of obligation under
section 148P
.
PART 7A
Complaints, Investigations and Sanctions
148R.
Interpretation (
Part 7A
)
.
148S.
Powers of authorised officer
.
148T.
Complaint
.
148U.
Board to appoint authorised officer and decision maker
.
148V.
Notice of investigation
.
148W.
Acknowledgment of contravention
.
148X.
Investigation report and decision
.
148Y.
Receipt of decision by Board
.
148Z.
Decision and requirement of confirmation
.
148AA.
Appeal to Circuit Court against decision to impose sanction
.
148AB.
Application to Circuit Court to confirm decision to impose
sanction
.
148AC.
Provisions supplementary to
sections 148AA
and
148AB
.
148AD.
Matters to be considered in determining nature of sanction
.
148AE.
Publication of sanctions
.
148AF.
Procedural rules
.
148AG.
Relationship between investigation and criminal proceedings
.
PART 8
Private Residential Tenancies Board
Chapter 1
Establishment and principal
functions of Board
149.
Establishment day.
150.
Establishment of Board.
151.
Functions of Board.
152.
Model lease.
Chapter 2
Composition of Board
153.
Membership of Board.
154.
Supplemental provisions as to membership of Board.
155.
Chairperson of Board.
Chapter 3
Meetings and
committees
156.
Meetings of Board.
157.
Committees of Board.
158.
Supplemental provisions as to committees of Board.
159.
Dispute Resolution Committee.
Chapter 4
Management of Board
160.
Director of Board.
161.
Supplemental provisions in relation to Director.
Chapter 5
Staff of Board and
superannuation matters
162.
Staff of Board.
163.
Superannuation.
Chapter 6
Appointment or engagement of
certain persons
164.
Mediators and adjudicators.
165.
Removal of an adjudicator from the panel.
166.
Consultants and advisers.
167.
Provision of services to Board.
Chapter 7
Supplemental provisions with
regard to Board's administration and management
168.
Indemnification of certain persons.
169.
Membership of either House of the Oireachtas, etc.
170.
Disclosure of interests.
171.
Section 170
: supplemental provisions.
172.
Disclosure of information.
173.
Seal of Board.
Chapter 8
Financial and accountability
provisions
174.
Grants to Board.
175.
Borrowings by Board.
176.
Fees.
177.
Accounts.
177A.
Designated tenancy deposit account
.
177B.
Withdrawal by Board of interest from designated tenancy deposit
account
.
178.
Further provisions with respect to accounts (including their
audit).
179.
Accountability of Director to Oireachtas Committees.
180.
Reports and information to Minister.
180A.
Reports to Minister concerning determination of complaints under
section 76A
.
181.
Reports to Board.
PART 9
Miscellaneous
182.
Limitation on certain disputes being the subject of court
proceedings.
183.
Guidelines to Board.
184.
Voidance
of provisions designed to facilitate terminations.
185.
Obligation to inform prospective sub-tenant of nature of
tenancy.
186.
Tenant
may terminate where consent to assignment or subletting
withheld.
187.
Duty of
management companies in relation to certain complaints.
188.
Provision
of information in relation to service charges by management
companies.
189.
Jurisdiction in aid of
Part 6
resolution procedure.
190.
Section 189
: supplemental provisions.
191.
Long
occupation equity (ability to renounce entitlement to it).
192.
Long
occupation equity (prospective abolition of entitlement to
it).
193.
Non-application of certain enactments.
194.
Deemed
termination of tenancy to which
Part 4
does not apply.
195.
Proposed
overholding under a fixed term tenancy.
196.
Equal
Status Act 2000 not prejudiced.
197.
Amendment
of Housing (Miscellaneous Provisions) Act 1997.
198.
Amendment
of Housing Act 1966.
199.
Amendment
of sections 58 and 60 of Landlord and Tenant (Amendment) Act
1980.
200.
Amendment
of sections 3 and 20 of Housing (Miscellaneous Provisions) Act
1992.
201.
Amendment
of section 34 of Housing (Miscellaneous Provisions) Act 1992.
202.
Regulations to remove difficulties.
SCHEDULE 1
Protection for Sub-Tenancies Created out of
Part 4
Tenancies
SCHEDULE 2
Improper Conduct
SCHEDULE 3
Provisions applicable to Oral Hearings conducted pursuant to
section 148S
or
148X
PART 1
Oral Hearing conducted by
authorised officer pursuant to
section 148S(15)
PART 2
Oral Hearing conducted by
decision maker pursuant to
section 148X(6)
or
(7)
Number
27
of
2004