Residential Tenancies Act 2004

Inhalt

1. Art. 1 Short title.
2. Art. 2 Commencement.
3. Art. 3 Application of Act.
4. Art. 3A Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
5. Art. 3B Application of Act to dwellings referred to in section 3(4): supplemental provisions
6. Art. 3C Notification to Minister of designations
7. Art. 4 Interpretation generally.
8. Art. 5 “relevant date”, “landlord”, “tenant”, “lease”, etc.
9. Art. 6 Service of notices.
10. Art. 7 Service or giving of notice on behalf of another.
11. Art. 8 Regulations and orders.
12. Art. 9 Offences.
13. Art. 10 Repeal and revocation.
14. Art. 11 Expenses.
15. Art. 12 Obligations of landlords.
16. Art. 13 Section 12(1)(b): supplemental regulations.
17. Art. 14 Prohibition on penalisation of tenants.
18. Art. 15 Duty owed to certain third parties to enforce tenant's obligations.
19. Art. 16 Obligations of tenants.
20. Art. 17 Section 16:interpretation and supplemental.
21. Art. 18 No contracting out from terms of section 12 or 16 permitted, etc.
22. Art. 19 Setting of rent above market rent prohibited.
23. Art. 19A Setting of rent under tenancy for dwellings referred to in section 3(4)
24. Art. 19B Restrictions on amounts payable
25. Art. 19C Duration of tenancy for dwellings referred to in section 3(1A)
26. Art. 20 Frequency with which rent reviews may occur.
27. Art. 20A Rent review for dwellings referred to in section 3(4) of Principal Act
28. Art. 20B Application of section 20 (frequency with which rent reviews may occur)
29. Art. 21 Right to review of rent where none provided.
30. Art. 22 Tenant to be notified of new rent.
31. Art. 22A Notification of change in amount of rent following review under section 20A
32. Art. 22B Provision in aid of enforcement of requirements relating to setting of rent
33. Art. 23 Proceedings for rent arrears.
34. Art. 24 “Market rent”, references to rent reviews, etc.
35. Art. 24A Rent pressure zones
36. Art. 24B Areas deemed to be rent pressure zones
37. Art. 24BA Relevant area within meaning of Local Government Act 2019 deemed to be rent pressure zone
38. Art. 24C Application of section 20 (frequency with which rent reviews may occur) to rent pressure zones
39. Art. 25 Non-application of Part.
40. Art. 26 Greater security of tenure not affected.
41. Art. 27 Periods of occupancy before relevant date to be disregarded.
42. Art. 28 Statutory protection — “Part 4 tenancy” — after 6 months occupation.
43. Art. 29 “Part 4 tenancy”— meaning of that expression.
44. Art. 30 Terms of Part 4 tenancy.
45. Art. 31 Sections 28 and 30: special cases.
46. Art. 32 Further special case (sub-letting of Part 4 tenancy).
47. Art. 33 Restriction on termination by landlord.
48. Art. 33A Additional requirements relating to termination by landlord
49. Art. 34 Grounds for termination by landlord.
50. Art. 35 Table to section 34: interpretation and supplemental.
51. Art. 35A Restriction on termination of certain tenancies by landlords
52. Art. 35B Further restriction on termination of certain tenancies by certain landlords
53. Art. 36 Termination by tenant.
54. Art. 37 Deemed termination by tenant.
55. Art. 38 Effect of assignment of Part 4 tenancy.
56. Art. 39 Termination on tenant’s death.
57. Art. 39A Referral of notice of termination to adjudicator under Act of 2004
58. Art. 40 Interpretation (Chapter 4).
59. Art. 41 Further Part 4 tenancy on expiry of 4 year period.
60. Art. 42 Termination of additional rights.
61. Art. 43 Purposes of Chapter.
62. Art. 44 Construction of certain references.
63. Art. 45 Further Part 4 tenancy to arise on expiry of previous tenancy.
64. Art. 46 Terms of a further Part 4 tenancy.
65. Art. 47 Application of Chapter 3 and section 42 to every further Part 4 tenancy.
66. Art. 48 Interpretation (Chapter 6).
67. Art. 49 General principle in relation to dwellings occupied by more than one person.
68. Art. 50 Entitlement of multiple occupant to benefit from Part 4 tenancy.
69. Art. 51 Act of one of multiple tenants cannot prejudice the other's or others' rights.
70. Art. 52 Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
71. Art. 53 No separate Part 4 tenancy to arise in multiple tenant's favour.
72. Art. 54 No contracting out from terms of Part permitted.
73. Art. 55 Protection under this Part and long occupation equity.
74. Art. 56 Damages for abuse of section 34 termination procedure.
75. Art. 57 Purpose of Part.
76. Art. 58 Termination of tenancies restricted to means provided by this Part.
77. Art. 59 Exclusion of existing rules and enactments.
78. Art. 60 Greater notice periods not affected.
79. Art. 61 Construction of certain references to periods of notice and duration of tenancies.
80. Art. 62 Requirements for a valid notice of termination.
81. Art. 63 Date to be specified for purposes of section 62(1)(f).
82. Art. 64 Reference to and validity of date of service of notice of termination.
83. Art. 64A Slip or omission in notice of termination
84. Art. 64B Duration of tenancy for purposes of this Chapter
85. Art. 65 What this Chapter does.
86. Art. 66 Period of notice where section 67 or 68 is inapplicable.
87. Art. 67 Period of notice for termination by landlord where tenant in default.
88. Art. 68 Period of notice for termination by tenant where landlord in default.
89. Art. 69 Exception to requirements of sections 66 to 68.
90. Art. 70 Notices of termination in cases of tenancies that are sub-let.
91. Art. 71 Procedures on foot of service of notice mentioned in section 70 in non-contentious case.
92. Art. 72 Procedures on foot of service of notice in cases not falling under section 71.
93. Art. 73 Notice of termination by multiple tenants.
94. Art. 74 Offence to do certain acts on foot of invalid termination.
95. Art. 75 Interpretation (Part 6).
96. Art. 76 Right of referral by parties to tenancy and certain other persons.
97. Art. 76A Right of referral of complaint in respect of compliance with section 86(1)(a)
98. Art. 76B Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint
99. Art. 77 Right of referral in respect of breach of duty under section 15.
100. Art. 78 Particular matters that may be referred (non-exhaustive list).
101. Art. 79 Different matters may be the subject of a single reference.
102. Art. 80 Time limit for referring particular type of dispute.
103. Art. 81 Tenancies and subtenancies: referral of disputes concerning their termination.
104. Art. 82 Withdrawal of matter referred to Board.
105. Art. 83 Board not to deal with reference if fee not paid or tenancy not registered.
106. Art. 84 Further right of Board not to deal with certain references.
107. Art. 85 Right of Tribunal or adjudicator not to deal with reference.
108. Art. 86 Status of certain matters pending determination of dispute.
109. Art. 87 Remedial action taken by party in certain cases to be disregarded.
110. Art. 88 Extension of time for referring disputes to Board.
111. Art. 89 Dispute subject of discontinued court proceedings may be subject of reference.
112. Art. 90 Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.
113. Art. 91 Dispute may not be referred to Board where alternative remedy is being pursued.
114. Art. 92 Initial steps that may be taken by Board to resolve matters referred.
115. Art. 93 Invitation to parties to resolve matter through mediation.
116. Art. 94 Exceptions to section 93: direct reference of matter to Tribunal, etc.
117. Art. 95 Mediation.
118. Art. 96 Procedures to be followed by Board following report of mediator
119. Art. 97 Adjudication.
120. Art. 98 “Cooling-off” period for purposes of section 97(4)(b).
121. Art. 99 Adjudicator's report.
122. Art. 100 Appeal to Tribunal against adjudicator’s determination.
123. Art. 101 Provisions common to mediators and adjudicators.
124. Art. 102 Tenancy Tribunals and the “Tribunal”.
125. Art. 103 Membership of Tribunal, etc.
126. Art. 104 Determination of disputes by Tribunal: procedures generally.
127. Art. 105 Provisions in relation to evidence, summoning of witnesses, etc.
128. Art. 106 Proceedings to be in public.
129. Art. 107 Adjournments of hearing.
130. Art. 108 Determination by Tribunal of dispute and notification to Board.
131. Art. 109 Power of Board to make procedural rules.
132. Art. 110 Title to lands or property not to be drawn into question.
133. Art. 111 Power to enter and inspect dwelling.
134. Art. 112 Obligations of confidentiality.
135. Art. 113 Offence of providing false information to Board.
136. Art. 114 Certain proceedings and acts privileged.
137. Art. 114A Publication of certain statistics by Board
138. Art. 115 Redress that may be granted on foot of determination.
139. Art. 116 Determination may require sub-tenancy to be quitted in certain cases.
140. Art. 117 Redress of an interim nature may be granted.
141. Art. 118 Discretion to refuse direction for possession.
142. Art. 119 Certain directions to be given in the case of arrears of rent.
143. Art. 120 Circumstances of landlord or tenant not to be taken account of in certain cases.
144. Art. 121 Determination orders.
145. Art. 122 Provision to ensure consistency between determinations.
146. Art. 123 Binding nature of determination orders.
147. Art. 124 Enforcement of determination orders.
148. Art. 125 Cancellation of determination order in cases of nonappearance.
149. Art. 125A Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement
150. Art. 126 Offence for failure to comply with determination order.
151. Art. 127 Establishment of register.
152. Art. 128 Published register.
153. Art. 129 Inspection of published register.
154. Art. 130 Register and published register may be kept in electronic form.
155. Art. 131 Publication of aggregated details derived from register.
156. Art. 132 Furnishing of entries in registers, etc.
157. Art. 133 Confirmation to parties to tenancy as to particulars specified in an application under section 134.
158. Art. 134 Obligation to apply to register tenancy.
159. Art. 135 Section 134: supplemental provisions.
160. Art. 135A Obligation to transmit deposit to Board
161. Art. 135B Enforcement of obligations under section 135A
162. Art. 136 Particulars to be specified in application under section 134.
163. Art. 137 Fee to accompany application under section 134.
164. Art. 137A Fee to accompany application under section 134(2A)
165. Art. 138 Variation of fee in line with changes in value of money.
166. Art. 139 Updating of particulars entered in the register.
167. Art. 140 Amendment of register by Board of its own volition.
168. Art. 141 Deletion from register of a tenancy.
169. Art. 142 Presumption in relation to date of commencement of tenancy.
170. Art. 143 Offence for furnishing false or misleading information.
171. Art. 144 Provision in aid of enforcement of registration requirements.
172. Art. 144A Enforcement of requirement to update particulars
173. Art. 145 Further provisions in aid of enforcement of registration requirements.
174. Art. 146 Data exchange — private residential tenancies.
175. Art. 147 Exchange of public service data.
176. Art. 147A Disclosure of certain information to Revenue Commissioners.
177. Art. 147B Disclosure of information by Revenue Commissioners to Board
178. Art. 148 Provision of details of tenancy to Revenue Commissioners.
179. Art. 148A Obligation of parties in relation to return of deposit
180. Art. 148B Return of deposit by Board
181. Art. 148C Agreement between the parties on the return of deposit
182. Art. 148D Return by Board of deposit where joint agreed application made under section 148C
183. Art. 148E Application for return of deposit where no agreement between the parties
184. Art. 148F Notification by Board of application for return of deposit where no agreement between the parties
185. Art. 148G Return of deposit where statement of agreement under section 148F received
186. Art. 148H Notification to parties of statement of disagreement under section 148F
187. Art. 148I Notification by Board where no statement of agreement, or disagreement, received within prescribed period
188. Art. 148J Return of deposit where statement of agreement under section 148I received
189. Art. 148K Notification to parties of statement of disagreement under section 148I
190. Art. 148L Return of deposit where no notification of agreement or disagreement made
191. Art. 148M Offence of furnishing false or misleading information in relation to return of deposit
192. Art. 148N Notifications by Board for purposes of return of deposit
193. Art. 148O Reference by party of return of deposit to Board as a dispute for resolution under Part 6
194. Art. 148P Transitional provisions relating to transmission of deposits of certain tenancies
195. Art. 148Q Enforcement of obligation under section 148P
196. Art. 148R Interpretation (Part 7A)
197. Art. 148S Powers of authorised officer
198. Art. 148T Complaint
199. Art. 148U Board to appoint authorised officer and decision maker
200. Art. 148V Notice of investigation
201. Art. 148W Acknowledg-ment of contravention
202. Art. 148X Investigation report and decision
203. Art. 148Y Receipt of decision by Board
204. Art. 148Z Decision and requirement of confirmation
205. Art. 148AA Appeal to Circuit Court against decision to impose sanction
206. Art. 148AB Application to Circuit Court to confirm decision to impose sanction
207. Art. 148AC Provisions supplementary to sections 148AA and 148AB
208. Art. 148AD Matters to be considered in determining nature of sanction
209. Art. 148AE Publication of sanctions
210. Art. 148AF Procedural rules
211. Art. 148AG Relationship between investigation and criminal proceedings
212. Art. 149 Establishment day.
213. Art. 150 Establishment of Board.
214. Art. 151 Functions of Board.
215. Art. 152 Model lease.
216. Art. 153 Membership of Board.
217. Art. 154 Supplemental provisions as to membership of Board.
218. Art. 155 Chairperson of Board.
219. Art. 156 Meetings of Board.
220. Art. 157 Committees of Board.
221. Art. 158 Supplemental provisions as to committees of Board.
222. Art. 159 Dispute Resolution Committee.
223. Art. 160 Director of Board.
224. Art. 161 Supplemental provisions in relation to Director.
225. Art. 162 Staff of Board.
226. Art. 163 Superannuation.
227. Art. 164 Mediators and adjudicators.
228. Art. 164A Authorised officers and decision makers
229. Art. 165 Removal of an adjudicator from the panel.
230. Art. 166 Consultants and advisers.
231. Art. 167 Provision of services to Board.
232. Art. 168 Indemnification of certain persons.
233. Art. 169 Membership of either House of the Oireachtas, etc.
234. Art. 170 Disclosure of interests.
235. Art. 171 Section 170: supplemental provisions.
236. Art. 172 Disclosure of information.
237. Art. 173 Seal of Board.
238. Art. 174 Grants to Board.
239. Art. 175 Borrowings by Board.
240. Art. 176 Fees.
241. Art. 177 Accounts.
242. Art. 177A Designated tenancy deposit account
243. Art. 177B Withdrawal by Board of interest from designated tenancy deposit account
244. Art. 178 Further provisions with respect to accounts (including their audit).
245. Art. 179 Accountability of Director to Oireachtas Committees.
246. Art. 180 Reports and information to Minister.
247. Art. 180A Reports to Minister concerning determination of complaints under section 76A
248. Art. 181 Reports to Board.
249. Art. 182 Limitation on certain disputes being the subject of court proceedings.
250. Art. 183 Guidelines to Board.
251. Art. 184 Voidance of provisions designed to facilitate terminations.
252. Art. 185 Obligation to inform prospective sub-tenant of nature of tenancy.
253. Art. 186 Tenant may terminate where consent to assignment or sub-letting withheld.
254. Art. 187 Duty of management companies in relation to certain complaints.
255. Art. 188 Provision of information in relation to service charges by management companies.
256. Art. 189 Jurisdiction in aid of Part 6 resolution procedure.
257. Art. 190 Section 189: supplemental provisions.
258. Art. 191 Long occupation equity (ability to renounce entitlement to it).
259. Art. 192 Long occupation equity (prospective abolition of entitlement to it).
260. Art. 193 Non-application of certain enactments.
261. Art. 194 Deemed termination of tenancy to which Part 4 does not apply.
262. Art. 195 Proposed overholding under a fixed term tenancy.
263. Art. 196 Equal Status Act 2000 not prejudiced.
264. Art. 197 Amendment of Housing (Miscellaneous Provisions) Act 1997.
265. Art. 198 Amendment of Housing Act 1966.
266. Art. 199 Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980.
267. Art. 200 Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992.
268. Art. 201 Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992.
269. Art. 202 Regulations to remove difficulties.