Residential Tenancies Act, 2004

 
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RESIDENTIAL TENANCIES ACT 2004

2004 Number 27

AN ACT TO PROVIDE—

(a) IN ACCORDANCE WITH THE EXIGENCIES OF THE COMMON GOOD, FOR A MEASURE OF SECURITY OF TENURE FOR TENANTS OF CERTAIN DWELLINGS,

(b) FOR AMENDMENTS OF THE LAW OF LANDLORD AND TENANT IN RELATION TO THE BASIC RIGHTS AND OBLIGATIONS OF EACH OF THE PARTIES TO TENANCIES OF CERTAIN DWELLINGS,

(c) WITH THE AIM OF ALLOWING DISPUTES BETWEEN SUCH PARTIES TO BE RESOLVED CHEAPLY AND SPEEDILY, FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN BORD UM THIONNTACHTA CNAITHE PROBHIDEACHA OR, IN THE ENGLISH LANGUAGE, THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE CONFERRAL ON IT OF POWERS AND FUNCTIONS OF A LIMITED NATURE IN RELATION TO THE RESOLUTION OF SUCH DISPUTES,

(d) FOR THE REGISTRATION OF TENANCIES OF CERTAIN DWELLINGS, AND

(e) FOR RELATED MATTERS.

[19th July 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title.

1 Short title.

1.—This Act may be cited as the Residential Tenancies Act 2004 .

S-2 Commencement.

2 Commencement.

2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

S-3 Application of Act.

3 Application of Act.

(1) Subject to subsection (2), this Act applies to every dwelling, the subject of a tenancy (including a tenancy created before the passing of this Act).

(2) Subject to section 4 (2), this Act does not apply to any of the following dwellings—

(a) a dwelling that is used wholly or partly for the purpose of carrying on a business, such that the occupier could, after the tenancy has lasted 5 years, make an application under section 13(1)(a) of the Landlord and Tenant (Amendment) Act 1980 in respect of it,

(b) a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 applies,

(c) a dwelling let by or to—

(i) a public authority, or

(ii) a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 and which is occupied by a person referred to in section 9(2) of the Housing Act 1988 ,

(d) a dwelling, the occupier of which is entitled to acquire, under Part II of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 , the fee simple in respect of it,

(e) a dwelling occupied under a shared ownership lease,

(f) a dwelling let to a person whose entitlement to occupation is for the purpose of a holiday only,

(g) a dwelling within which the landlord also resides,

(h) a dwelling within which the spouse, parent or child of the landlord resides and no lease or tenancy agreement in writing has been entered into by any person resident in the dwelling,

(i) a dwelling the subject of a tenancy granted under Part II of the Landlord and Tenant (Amendment) Act 1980 or under Part III of the Landlord and Tenant Act 1931 or which is the subject of an application made under section 21 of the Landlord and Tenant (Amendment) Act 1980 and the court has yet to make its determination in the matter.

S-4 Interpretation generally.

4 Interpretation generally.

(1) In this Act, unless the context otherwise requires—

"adjudicator" shall be construed in accordance with section 164 (2);

"authorised agent" shall be construed in accordance with section 12 (1)(e);

"Board" shall be construed in accordance with section 150 (1);

"child" includes a person who is no longer a minor and cognate words shall be construed accordingly;

"company" means a company within the meaning of the Companies Acts 1963 to 2003;

"contract of tenancy" does not include an agreement to create a tenancy;

"Director" shall be construed in accordance with section 160 (1);

"Dispute Resolution Committee" shall be construed in accordance with section 157 (2);

"dwelling" means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);

"establishment day" means the day appointed under section 149 ;

"functions" includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;

"further Part 4 tenancy" shall be construed in accordance with section 41 (2) or 45(2), as appropriate;

"local authority" means a local authority for the purposes of the Local Government Act 2001 ;

"management company", in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;

"mediator" shall be construed in accordance with section 164 (1);

"Minister" means the Minister for the Environment, Heritage and Local Government;

"Part 4 tenancy" shall be construed in accordance with section 29 ;

"personal representative" has the same meaning as it has in the Succession Act 1965 ;

"planning permission" means a permission under section 34 of the Planning and Development Act 2000 ;

"prescribed" means prescribed by regulations made by the Minister under this Act;

"public authority" means—

(a) a Minister of the Government or a body under the aegis of a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

(d) a health board established under the Health Act 1970 ,

(e) the Eastern Regional Health Authority or an area health board established under the Health (Eastern Regional Health Authority) Act 1999 ,

(f) a voluntary body standing approved of by the Minister for Health and Children or by a health board or an authority or board mentioned in paragraph (e) of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,

(g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and Science, or

(h) the Shannon Free Airport Development Company;

"remuneration" includes fees, allowances for expenses, benefits-inkind and superannuation;

"required period of notice", in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;

"self-contained residential unit" includes the form of accommodation commonly known as "bedsit" accommodation;

"shared ownership lease" has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;

"superannuation benefit" means a pension, gratuity or other allowance payable on resignation, retirement or death;

"tenancy agreement" includes an oral tenancy agreement;

"Tribunal" shall be construed in accordance with section 102 (2).

(2) The definition of "dwelling" in subsection (1) shall not apply in relation to the construction of references to "dwelling" to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

(3) Subsection (2) applies to the following references to "dwelling" (whether in the singular or plural form) in this Act, namely—

(a) the second of the references in section 12 (1)(h),

(b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of "behave in a way that is anti-social" in section 17 (1),

(c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,

(d) the references in subsection (2)(b) and (c) of section 25 , and

(e) the second of the references in sections 136(h), 187(1) and 188(1).

(4) In this Act—

(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.

S-5 'relevant date', 'landlord', 'tenant', 'lease', etc.

5 'relevant date', 'landlord', 'tenant', 'lease', etc.

(1) In this Act—

"landlord" means the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy;

"lease" means an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling;

"relevant date" means the date on which Part 4 is commenced;

"tenancy" includes a periodic tenancy and a tenancy for a fixed term, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy or sub-tenancy that has been terminated;

"tenant" means the person for the time being entitled to the...

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