Residential Tenancies (Amendment) Act 2015

Amendment of section 139 of Principal Act

63. Section 139 of the Principal Act is amended—

(a) in subsection (1), by substituting “, by a notice in writing in the prescribed form, the information specified in subsection (2) ” for “the information mentioned in subsection (2) in the prescribed form”,

(b) by inserting the following subsection after subsection (1):

“(1A) The landlord and the tenant shall sign the notice referred to in subsection (1).”,

(c) by substituting the following subsection for subsection (2):

“(2) The notice referred to in subsection (1) shall—

(a) specify the amount of rent referred to in subsection (1) following the alteration referred to in that subsection,

(b) include a statement by the tenant that—

(i) he or she has knowledge of the provisions of Part 3, and

(ii) without prejudice to the generality of subparagraph (i), he or she has knowledge of the requirements, under section 19, for setting an amount of rent under a tenancy,

(c) include a statement by the landlord specifying the amount of rent sought for 3 dwellings—

(i) of a similar size, type and character to the dwelling that is the subject of the tenancy concerned, and

(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,

and

(d) include a statement in respect of a material change to particulars which have been entered in the register in respect of the tenancy where that change has occurred since—

(i) the tenancy was registered in the register, or

(ii) information in respect of those particulars was furnished to the Board under subsection (1).”,

and

(d) by inserting the following subsections after subsection (4):

“(5) Without prejudice to subsection (1), the Board shall, as soon as may be, update the register following the receipt by it of—

(a) information referred to in section 12(1)(d)(ii)(III), and

(b) information referred to in section 16(o)(iii).

(6) No fee shall be payable in respect of the furnishing to the Board of the information referred to in subsection (5).

(7) (a) Without prejudice to subsection (1), a landlord may, at any time, notify the Board in writing of—

(i) any changes in respect of particulars entered in the register, and

(ii) any additional particulars to be entered in the register,

in respect of the tenancy.

(b) In subsection (4), the reference to information shall include particulars notified under paragraph (a).

(8) In paragraph (d) of subsection (2), ‘amount of rent sought’ has the same meaning as it has in section 22.”.