Residential Tenancies (Amendment) Act 2019

Cited as:IR No. 14/2019
Jurisdiction:Ireland


Residential Tenancies (Amendment) Act 2019

2019 14

An Act to amend the Residential Tenancies Acts 2004 to 2016; to provide for powers to carry out investigations of landlords and impose administrative sanctions; to provide for offences in relation to non-compliance with rent increase restrictions in rent pressure zones; to increase the notice periods to be provided in the case of termination of a tenancy by a landlord; to provide for annual registration by landlords of tenancies and to amend the registration process; to provide for mandatory publication of determination orders by the Residential Tenancies Board; to provide that the letting of a house or part thereof for any period not exceeding 14 days in a rent pressure zone is a material change in the use of the house or part and for that purpose to amend the Planning and Development Act 2000; and to provide for related matters.

[24 May 2019]

Be it enacted by the Oireachtas as follows:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citation, construction and commencement

1 Short title, collective citation, construction and commencement

(1) This Act may be cited as the Residential Tenancies (Amendment) Act 2019.

(2) The Residential Tenancies Acts 2004 to 2016 and this Act (other than section 38) may be cited together as the Residential Tenancies Acts 2004 to 2019 and shall be construed together as one.

(3) The Planning and Development Acts 2000 to 2018 and section 38 may be cited together as the Planning and Development Acts 2000 to 2019.

(4) This Act shall come into operation on such day or days as the Minister may by order or orders appoint 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-2 Definitions

2 Definitions

2. In this Act—

“Act of 2004” means the Residential Tenancies Act 2004;

“Minister” means Minister for Housing, Planning and Local Government.

2 Amendment of Residential Tenancies Act 2004

PART 2

Amendment of Residential Tenancies Act 2004

S-3 Amendment of section 3 of Act of 2004

3 Amendment of section 3 of Act of 2004

3. Section 3 of the Act of 2004 is amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) (a) Subject to subsection (7), this Act also applies to every dwelling (the subject of a tenancy created not earlier than one month after the commencement ofparagraph (a) of section 3 of the Residential Tenancies (Amendment) Act 2019) situated in a building, or part of a building, used for the sole purpose (subject to subparagraphs (i), (ii) and (iii)) of providing residential accommodation to students during academic term times under a tenancy—

(i) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(ii) whether or not any such students are permitted to reside there outside of those times, and

(iii) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose,

but does not include a dwelling in a building or part of a building used for the first-mentioned purpose where the landlord (other than a landlord who is not an individual) also resides in the building or part of the building concerned.

(b) This subsection is without prejudice to subsection (1) and accordingly this Act shall, by virtue of that subsection—

(i) continue to apply to any dwelling to which it applied immediately before the commencement ofsection 3 of the Residential Tenancies (Amendment) Act 2019 in the same manner as it applied to such dwelling before such commencement, and

(ii) apply to any dwelling—

(I) occupied by a student under a tenancy created on or after such commencement, and

(II) to which this Act would apply hadssections 3 and s5 of the Residential Tenancies (Amendment) Act 2019 not been enacted,

in the same manner as it would apply to a dwelling referred to in subparagraph (i).

(c) The definition of ‘dwelling’ in section 4 shall apply for the purposes of this subsection as if ‘residential unit (whether or not self-contained)’ were substituted for ‘self-contained residential unit’.

(d) In this subsection ‘student’ means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012).”,

and

(b) by the insertion of the following subsection:

“(7) The following provisions of this Act shall not apply to a tenancy of a dwelling referred to in subsection (1A):

(a) paragraphs (k) and (n) of section 16, subsections (2) and (3) of section 78 and clause (II) of subparagraph (i) of paragraph (e) of subsection (4) of section 135;

(b) sections 70, 71, 72, 73, 81, 185, 186 and 195;

(c) Part 4; and

(d) Schedule 1.”.

S-4 Amendment of section 3A of Act of 2004

4 Amendment of section 3A of Act of 2004

4. Section 3A of the Act of 2004 is amended by the insertion of the following subsection:

“(5) This section applies to a dwelling referred to in subsection (1A) of section 3 as it applies to a dwelling referred to in subsection (4) of section 3 and, accordingly, references in the preceding subsections of this section to the second-mentioned dwelling shall be construed as including references to the first-mentioned dwelling.”.

S-5 Amendment of section 4 of Act of 2004

5 Amendment of section 4 of Act of 2004

5. Section 4 of the Act of 2004 is amended by the deletion of paragraph (g) in the definition of “public authority”.

S-6 Amendment of section 19 of Act of 2004

6 Amendment of section 19 of Act of 2004

(1) Section 19 of the Act of 2004 is amended—

(a)

in subsection (4) by the substitution of “subparagraph (i)” for “paragraph (a)” where it occurs in paragraph (a)(ii) in the definition of “t”,

(b)

in subsection (5), by—

(i) the substitution of the following paragraph for paragraph (a):

“(a) to the rent first set under the tenancy of a dwelling, provided that no tenancy in respect of that dwelling subsisted during the period of 2 years immediately preceding the date on which the tenancy concerned commenced,”,

and

(ii)

the substitution, in subparagraph (ii) of paragraph (b), of “greater than” for “different to what was”,

(c)

by the insertion of the following subsections after subsection (5):

“(5A) For the purposes of paragraph (b) of subsection (5), a substantial change in the nature of the accommodation provided under the tenancy shall only have taken place where—

(a) the works carried out to the dwelling concerned—

(i) consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997)) of the dwelling by an amount equal to not less than 25 per cent of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works,

(ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings, or

(iii) result in any 3 or more of the following:

(I) the internal layout of the dwelling being permanently altered;

(II) the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005;

(III) a permanent increase in the number of rooms in the dwelling;

(IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or

(V) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings,

and

(b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).

(5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling in a rent pressure zone, a landlord seeks to rely on subsection (5), the landlord shall—

(a) serve a notice in the prescribed form together with all relevant supporting information on the Board setting out the reasons why, in the landlord’s opinion, subsection (4) does not apply to the dwelling,

(b) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and

(c) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling.”,

(d)

by the substitution for subsection (6) of the following:

“(6) Where—

(a) a notice under section 22(2) has been served on the tenant, or

(b) the review of the rent concerned has commenced,

before the relevant date, or, if an order is made by the Minister under section 24A(5) in respect of an area where the dwelling concerned is situate, before the date of the coming into operation of the order, then subsections (3) and (4) shall not apply to the new rent, referred to in section 22(2), stated in that notice in accordance with that section.”,

and

(e)

by the insertion of the following subsections after subsection (6):

“(6A) A person who fails to comply with the requirements of subsection (4) shall be guilty of an offence.

(6B) A person, who in purported compliance with subsection (5B), furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

(6C) A person who fails to comply with the requirements of subsection...

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