Residential Tenancies Act, 2004

• Jurisdiction: Ireland
• Citation: IR No. 27/2004

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Number 27 of 2004

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RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 26 July 2022

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This Revised Act is an administrative consolidation of the Residential Tenancies Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Civil Law (Miscellaneous Provisions) Act 2022 (Parts 2 and 3) (Commencement) Order 2022 (S.I. No. 374 of 2022), made 25 July 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 27 of 2004

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RESIDENTIAL TENANCIES ACT 2004

REVISED

Updated to 26 July 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Residential Tenancies Acts 2004 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), s. 99(2)). The Acts in this group are:

• Residential Tenancies Act 2004 (27/2004)

• Residential Tenancies (Amendment) Act 2009 (2/2009)

• Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 100

• Residential Tenancies (Amendment) Act 2015 (42/2015), other than s. 1(3) and ss. 15, 85 and 87

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 1(2)(b), part 3 and sch.

• Residential Tenancies (Amendment) Act 2019 (14/2019), other than s. 38

• Local Government Rates and other Matters Act 2019 (24/2019), ss. 25, 26

• Residential Tenancies and Valuation Act 2020 (7/2020), other than s. 14

• Residential Tenancies Act 2020 (17/2020)

• Planning and Development, and Residential Tenancies, Act 2020 (27/2020), Part 3

• Residential Tenancies Act 2021 (5/2021)

• Residential Tenancies (No. 2) Act 2021 (17/2021)

• Residential Tenancies (Amendment) Act 2021 (39/2021)

• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022), Part 11 (ss. 91-99)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Civil Law (Miscellaneous Provisions) Act 2022 (19/2022)

• Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022)

• Residential Tenancies (Amendment) Act 2021 (39/2021)

• Affordable Housing Act 2021 (25/2021)

• Residential Tenancies (No. 2) Act 2021 (17/2021)

• Planning and Development, and Residential Tenancies, Act 2020 (27/2020)

• Residential Tenancies Act 2020 (17/2020)

• Residential Tenancies and Valuation Act 2020 (7/2020)

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020)

• Local Government Rates and other Matters Act 2019 (24/2019)

• Residential Tenancies (Amendment) Act 2019 (14/2019)

• Domestic Violence Act 2018 (6/2018)

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016)

• Residential Tenancies (Amendment) Act 2015 (42/2015)

• State Airports (Shannon Group) Act 2014 (27/2014)

• Housing (Miscellaneous Provisions) Act 2014 (21/2014)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

• Fines Act 2010 (8/2010)

• Housing (Miscellaneous Provisions) Act 2009 (22/2009)

• Residential Tenancies (Amendment) Act 2009 (2/2009)

All Acts up to and including Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2022 (S.I. No. 341 of 2022)

• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2022 (S.I. No. 152 of 2022)

• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2021 (S.I. No. 723 of 2021)

• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2021 (S.I. No. 362 of 2021)

• Rent Pressure Zone (Administrative Area of Kildare County Council) Order 2020 (S.I. No. 380 of 2020)

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) (No. 2) Order 2020 (S.I. No. 254 of 2020)

• Rent Pressure Zone (Local Electoral Area of Bandon - Kinsale) Order 2020 (S.I. No. 247 of 2020)

• Emergency Measures in the Public Interest (Covid-19) Act 2020 (Section 4) Order 2020 (S.I. No. 224 of 2020)

• Rent Pressure Zone (Local Electoral Area of Tullamore) Order 2020 (S.I. No. 140 of 2020)

• Rent Pressure Zone (Local Electoral Area of Mullingar) Order 2020 (S.I. No. 139 of 2020)

• Rent Pressure Zone (Local Electoral Area of Mallow) Order 2020 (S.I. No. 138 of 2020)

• Rent Pressure Zone (Local Electoral Area of Killarney) Order 2020 (S.I. No. 137 of 2020)

• Rent Pressure Zone (Local Electoral Area of Athy) Order 2020 (S.I. No. 136 of 2020)

• Rent Pressure Zone (Local Electoral Area of Strandhill) Order 2019 (S.I. No. 647 of 2019)

• Rent Pressure Zone (Local Electoral Area of Piltown) Order 2019 (S.I. No. 646 of 2019)

• Rent Pressure Zone (Local Electoral Area of Cobh) Order 2019 (S.I. No. 645 of 2019)

• Rent Pressure Zone (Local Electoral Area of Baltinglass) Order 2019 (S.I. No. 644 of 2019)

• Rent Pressure Zone (Local Electoral Area of Macroom) Order 2019 (S.I. No. 479 of 2019)

• Rent Pressure Zone (Local Electoral Area of Carlow) Order 2019 (S.I. No. 478 of 2019)

• Residential Tenancies Act 2004 (Prescribed Form) (No. 2) Regulations 2019 (S.I. No. 353 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Waterford City South) Order 2019 (S.I. No. 326 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Waterford City East) Order 2019 (S.I. No. 325 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Trim) Order 2019 (S.I. No. 324 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Portlaoise) Order 2019 (S.I. No. 323 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Midleton) Order 2019 (S.I. No. 322 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Limerick City West) Order 2019 (S.I. No. 321 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Limerick City North) Order 2019 (S.I. No. 320 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Kilkenny) Order 2019 (S.I. No. 319 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Kells) Order 2019 (S.I. No. 318 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Graiguecullen - Portarlington) Order 2019 (S.I. No. 317 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Gort - Kinvara) Order 2019 (S.I. No. 316 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Gorey) Order 2019 (S.I. No. 315 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Fermoy) Order 2019 (S.I. No. 314 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Dundalk South) Order 2019 (S.I. No. 313 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Dundalk - Carlingford) Order 2019 (S.I. No. 312 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Athlone) Order 2019 (S.I. No. 311 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Athenry - Oranmore) Order 2019 (S.I. No. 310 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Arklow) Order 2019 (S.I. No. 309 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Ardee) Order 2019 (S.I. No. 308 of 2019)

• Residential Tenancies Act 2004 (Prescribed Form) Regulations 2019 (S.I. No. 287 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Navan) Order 2019 (S.I. No. 122 of 2019)

• Rent Pressure Zone (Local Electoral Area Of Limerick City East) Order 2019 (S.I. No. 121 of 2019)

• Rent Pressure Zone (Local Electoral Area of Drogheda) Order 2017 (S.I. No. 402 of 2017)

• Rent Pressure Zone (Local Electoral Area of Greystones) Order 2017 (S.I. No. 401 of 2017)

• Rent Pressure Zone (Local Electoral Area of Cobh) Order 2017 (S.I. No. 113 of 2017)

• Rent Pressure Zone (Local Electoral Area of Maynooth) Order 2017 (S.I. No. 109 of 2017)

• Rent Pressure Zone (Local...