Hide Nav Show Nav
SOLR_PROP

Residential Tenancies Act 2004

../../../../../images/harp.jpg


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Application of Act.

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.

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.

23.

Proceedings for rent arrears.

24.

“Market rent”, references to rent reviews, etc.

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.

34.

Grounds for termination by landlord.

35.

Table to section 34: interpretation and supplemental.

36.

Termination by tenant.

37.

Deemed termination by tenant.

38.

Effect of assignment of Part 4 tenancy.

39.

Termination on tenant's death.

Chapter 4

Additional statutory right — further Part 4 tenancy

40.

Interpretation (Chapter 4).

41.

Further Part 4 tenancy on expiry of 4 year period.

42.

Termination of additional rights.

Chapter 5

Successive further Part 4 tenancies may arise

43.

Purposes of Chapter.

44.

Construction of certain references.

45.

Further Part 4 tenancy to arise on expiry of previous tenancy.

46.

Terms of a further Part 4 tenancy.

47.

Application of Chapter 3 and section 42 to every further Part 4 tenancy.

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.

Chapter 3

Period of notice to be given

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.

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 on foot of Board's receipt of information under section 95(6).

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.

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.

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.

136.

Particulars to be specified in application under section 134.

137.

Fee to accompany application under section 134.

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.

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.

148.

Provision of details of tenancy to Revenue Commissioners.

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.

178.

Further provisions with respect to accounts (including their audit).

179.

Accountability of Director to Oireachtas Committees.

180.

Reports and information to Minister.

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

Protection for Sub-Tenancies Created out of Part 4 Tenancies

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

../../../../../images/harp.jpg


Number 27 of 2004


RESIDENTIAL TENANCIES ACT 2004


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. [19th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: