Residential Tenancies Act 2004

Chapter 2

Procedure for registration

Obligation to apply to register tenancy.

134.—(1) The landlord of a dwelling shall apply to the Board to register the tenancy of the dwelling under this Part.

(2) An application under this section shall be made—

(a) in the case of a tenancy that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

(b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act)—

(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

(ii) in any other case — within whichever of the following periods expires the later—

(I) the period of 3 months from the commencement of this Part, or

(II) the period of 1 month from the commencement of the tenancy.

(3) An application under this section shall be in the prescribed form and, subject to subsection (4), be accompanied by the fee specified in section 137 .

(4) The foregoing requirement with respect to the application being accompanied by a fee does not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in subsection (2)(a) or (b) and one of the following conditions is satisfied.

(5) Those conditions are that, in the 12 months preceding the relevant application—

(a) 2 applications, each accompanied by the fee specified in section 137 , have been made under this section by the applicant in respect of the relevant dwelling (and each within the period specified in subsection (2)(a) or (b)),

(b) the applicant has paid, in respect of several applications falling within subsection (3) of section 137 , the single fee referred to in subsection (2) of that section and the dwellings to which those several applications related included the relevant dwelling,

(c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.