Planning and Development, and Residential Tenancies, Act 2020

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Application of Part

10. (1) Subject to this Part, this Part applies in relation to—

(a) a tenant who, in relation to the tenancy of a dwelling, serves a declaration in writing (in such form as may be specified by the Board) made by him or her on the Board, and a true copy thereof on the landlord, stating that—

(i) he or she is a relevant person, and

(ii) as a consequence thereof, there is a significant risk that that tenancy of the dwelling will be terminated by the landlord,

and

(b) a relevant person who is a tenant in relation to whom Part 2 of the Residential Tenancies and Valuation Act 2020 applied on 10 January 2021,

and references in this Part to tenant or tenancy of a dwelling shall be construed accordingly.

(2) A declaration referred to in paragraph (a) of subsection (1) shall be accompanied by a notice in writing requesting the Board to assist the tenant concerned in obtaining advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) of subsection (1) of section 7 of the Act of 2000.

(3) (a) A person who makes a declaration referred to in paragraph (a) of subsection (1) that is false or misleading in any material respect shall be guilty of an offence.

(b) For the purposes of this subsection, the making of a declaration that is false or misleading in a material respect includes a failure to disclose in that declaration information that a reasonable person would consider to be material to the question with regard to whether or not—

(i) the maker of the declaration is a relevant person, or

(ii) as a consequence of his or her being a relevant person, there is a significant risk that the tenancy of the dwelling concerned will be terminated by the landlord.

(4) (a) A tenant in relation to whom this Part applies by virtue of his or her having served a declaration referred to in paragraph (a) of subsection (1) shall, not later than 5 days after the service by him or her of that declaration, serve a notice in writing on the landlord concerned requesting the landlord to consult with the tenant for the purpose of the tenant’s making an arrangement with the landlord for the payment of the rent due in relation to the tenancy of the dwelling concerned.

(b) Subject to paragraphs (c) and (d), a tenant to whom this Part applies by virtue of his or her being a relevant person referred to in paragraph (b) of subsection (1) shall, not later than 5 days after the commencement of this Part—

(i) serve a notice in writing on the Board requesting the Board to assist him or her in obtaining advice of the type referred to in paragraph (ca) of subsection (1) of section 7 of the Act of 2000, and

(ii) serve a notice in writing on the landlord concerned requesting the landlord to consult with the tenant for the purpose of the tenant’s making an arrangement with the landlord for the payment of the rent due in relation to the tenancy of the dwelling concerned.

(c) A tenant shall not be required to comply with subparagraph (i) of paragraph (b), if he or she—

(i) was given a notification under subsection (3) of section 67 of the Act of 2004, and

(ii) obtained advice of the type referred to in paragraph (ca) of subsection (1) of section 7 of the Act of 2000 following the provision of information to him or her by the Board in accordance with subsection (3A) of the said section 67.

(d) A tenant shall not be required to comply with subparagraph (ii) of paragraph (b), if—

(i) he or she was given a notification under subsection (3) of section 67 of the Act of 2004,

(ii) he or she obtained advice of the type referred to in paragraph (ca) of subsection (1) of section 7 of the Act of 2000 following the provision of information to him or her by the Board in accordance with subsection (3A) of the said section 67, and

(iii) after obtaining such advice, he or she made an arrangement with the landlord concerned for the payment of the rent due in relation to the tenancy of the dwelling concerned.

(5) For the purposes of this section, a document is a true copy of a declaration referred to in subsection (1) if it is certified in writing by the person who made the declaration to be a true copy of that declaration.

(6) In this section—

“Act of 2000” means the Comhairle Act 2000 ;

“relevant person” means a tenant who is not able to comply with his or her obligations under the Act of 2004 in relation to the payment of rent due in respect of the tenancy of a dwelling by reason of—

(a) his or her being a person—

(i) to whom subsection (7) (inserted by section 5 of the Act of 2020) of section 40 of the Act of 2005 applies, or

(ii) belonging to a category prescribed under subsection (8) of the said section 40,

(b) his or her having, at any time during the period commencing on 1 August 2020 and ending on 12 April 2021, been a person—

(i) to whom the said subsection (7) applied, or

(ii) belonging to such category,

or

(c) his or her being, or having been, in respect of the period referred to in paragraph (b) or any part of that period, in receipt of or entitled to receive—

(i) the temporary wage subsidy (within the meaning of section 28 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 ),

(ii) supplementary welfare allowance (within the meaning of Chapter 9 of Part 3 of the Act of 2005) or a supplement under subsection (3) of section 198 of the Act of 2005, paid for the purpose of alleviating financial hardship resulting from the loss of employment occasioned by—

(I) the spread, or risk of spread of, Covid-19, or

(II) measures adopted by the State to prevent the spread of that disease,

or

(iii) any other payment out of public moneys provided for by or under statute, paid for the purpose of alleviating financial hardship resulting from the loss of employment occasioned by—

(I) the spread, or risk of spread of, Covid-19, or

(II) measures adopted by the State to prevent the spread of that disease.