S.I. No. 217/1982 - Housing (Private Rented Dwellings) Regulations, 1982.

S.I. No. 217 of 1982.

HOUSING (PRIVATE RENTED DWELLINGS) REGULATIONS, 1982.

The Minister for the Environment, in exercise of the powers conferred on him by sections 24 and 25 of the Housing (Private Rented Dwellings) Act, 1982 (No. 6 of 1982), hereby makes the following Regulations:—

1. These Regulations may be cited as the Housing (Private Rented Dwellings) Regulations, 1982.

2. These Regulations shall come into operation on the 26th day of July, 1982.

3. (1) In these Regulations:—

"the Act" means the Housing (Private Rented Dwellings) Act, 1982 ;

"housing authority", in relation to a dwelling, means the housing authority in whose functional area the dwelling is situated.

(2) In these Regulations, any reference to an article or a schedule which is not otherwise identified is a reference to an article or a schedule of these Regulations.

(3) In these Regulations, any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.

4. (1) Subject to sub-article (2), these Regulations shall apply to every dwelling to which section 8 (1) of the Act relates.

(2) These Regulations shall cease to apply to a dwelling when Part II of the Act ceases by virtue of section 8 (3) of the Act to apply to that dwelling.

5. The landlord of a dwelling to which these Regulations apply shall, within one month from the commencement of these Regulations, apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to register the tenancy of the dwelling and shall in such application give particulars of the following matters—

( a ) the name and address of the landlord,

( b ) the address of the dwelling,

( c ) the name of the tenant,

( d ) a description of the dwelling — that is to say whether the dwelling is a house, a self-contained flat, a non-self contained flat, a single room or as the case may be, and

( e ) the rent at which the dwelling was let immediately before the commencement of these Regulations.

6. Where, at any time after the commencement of these Regulations, a change takes place in any one or more of the matters specified in paragraphs (a) to (d) of article 5, the landlord shall, within one month from the date of such change, apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to enter particulars of the change in the register and shall in such application give particulars of the change.

7. Where, at any time after the commencement of these Regulations, a new rent for a dwelling has been agreed between the landlord and the tenant or has been fixed by the Court, the landlord shall apply in writing to the housing authority on an application form (which shall be provided free of charge by a housing authority on request) to enter particulars of the new rent in the register and shall in such application give particulars of the following matters—

( a ) the new rent as so agreed or fixed,

( b ) the date on which, subject to the provisions of section 11 (2) of the Act, the new rent will become payable, and

( c ) whether the new rent has been agreed between the landlord and the tenant or has been fixed by the Court.

8. (1) Upon receipt of an application pursuant to article 5,6 or 7, the housing authority shall—

( a ) mark on the application the date of its receipt,

( b ) enter the appropriate particulars in the register, and

( c ) where the application is pursuant to—

(i) articles 5 or 6, send to the landlord an acknowledgement stating the date of receipt of the application, or

(ii) article 7, send, without payment of a fee, to the landlord and to the tenant a copy of the entries in the register relating to the dwelling certified in accordance with section 24 (6) of the Act.

(2) An entry by a housing authority in the register shall be made as of the date of the receipt by the authority of the application pursuant to article 5, 6 or 7.

9. (1) An application to a housing authority pursuant to article 7 shall be accompanied by a fee—

( a ) of £20 for each dwelling where the application is the first such application in respect of the dwelling, or

( b ) of £10 for each dwelling for each subsequent application in respect of the dwelling.

(2) An application to a housing authority for a copy of an entry in the register in respect of a dwelling, certified in accordance with section 24 (6) of the Act, shall be accompanied by a fee of £2.

10. (1) The landlord shall, within one month from the date on which the tenancy has been registered in accordance with these Regulations, provide the tenant with a rent book or similar document (in these Regulations referred to as the rent book) for use in respect of the dwelling.

(2) The rent book provided in accordance with sub-article (1) shall state in clearly legible writing—

( a ) the name and address of the landlord and his agent (if any),

( b ) the address of the dwelling, and

( c ) the rent payable for the dwelling, and shall include in clearly legible writing a note as set out in the Schedule.

(3) Where—

( a ) a change in the name and address of the landlord has been registered with the housing authority, or

( b ) a change takes place in the name or address of the agent of the landlord, or

( c ) a new rent for a dwelling has been registered with the housing authority,

the landlord or his agent shall, on production of the rent book by the tenant, enter therein particulars of such change or such new rent.

(4) The landlord or his agent shall, on production by the tenant of the rent book, record therein each payment of rent made by the tenant and the period covered by each payment.

SCHEDULE

Note to be included in Rent Book

1. The landlord may increase the rent only by agreement with the tenant or by order of a Court.

2. An increase in rent is payable only from the date on which it is registered with the housing authority.

3. The register kept by the housing authority may be inspected by any person during normal office hours.

4. A tenant who has difficulty in paying an increase in rent may be eligible for a rent allowance from the Department of Social Welfare.

5. A landlord may not evict a tenant without having obtained an order of a Court.

GIVEN under the Official Seal of the Minister for the Environment

this 13th day of July, 1982.

RAPHAEL P. BURKE,

 Minister for the Environment.

EXPLANATORY NOTE.

The Regulations provide for the keeping by housing authorities of registers of dwellings formerly controlled under the Rent Restrictions Act and require the landlords of such dwellings—

( a ) to register the tenancies with the housing authority and to keep the registration up-to-date; and

( b ) to provide tenants with rent books or similar documents for use in respect of the dwellings.