Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 604 · Private Residential Leases Act (Cap. 604)

Cap. 604 Art. 4Obligation to register private residential lease contracts. 

PART II

In KraftAmtlicher Text

(1) All private residential lease contracts entered into after the entry into force of the Act, including their renewal, whether express or tacit, shall be registered:

Provided that contracts of private residential leases which are not registered in accordance with the provisions of the Act shall be null and void.

(2) It shall be the obligation of the lessor to register, within thirty (30) days of the commencement of the lease, the private residential lease contract with the Authority:

Provided that such registration shall be made subject to an administrative fee levied by the Authority:

Provided further that registrations made later than the time specified in sub-article (2) shall be subject to an additional fee.

(3) The registration shall have a retrospective effect from the date of commencement of the lease:

Provided that the obligation to register on the part of the lessor comes into being immediately upon the commencement of the agreement and no delay or failure to register the agreement, or to comply with the requisites of sub-article (1) of article 6, may be used against the interests of the lessee or as a defence by the lessor in the course of any enforcement proceedings in accordance with article 20, or criminal proceedings in accordance with article 22.

(4) If the lessor fails to comply with the obligation stipulated in sub-article (2), the lessee may proceed to register the lease contract himself, at the expense of the lessor:

Provided that the lessee shall have the right to retain part of the rent for the purpose of reimbursement of the administration fee paid to the Authority.

(5) An application for registration under article 4 may not relate to more than one (1) private residential lease.

(6) A separate application is required for every private residential lease that is created:

Provided that the lessor shall be bound to register the renewal in accordance with the Act.

(7) As part of the process of registration, the Authority shall request the lessor to specify the number of residents that shall reside in the dwelling house.

(8) (a) The Minister shall have the power to make regulations under this Act providing for the minimum standards of habitability for a dwelling house which is offered for letting as well as the limitation of the number of residents who may occupy the dwelling house at the same time.

(b) The Authority shall not permit any new registration or submission that allows the occupation of the same dwelling house by a number of residents that exceeds the maximum that is permitted to reside in a dwelling house at the same time in accordance with that established in any regulation made under this Act:

Provided that the registration of a lease contract by the Authority shall not in any manner be held as a certification of the habitability of a leased tenement or be used as a defence for any breach of any other provision of any other law or regulation that is validly in force at the moment of the alleged offence or breach.

(9) The registration process shall be completed exclusively online.

Änderungsgeschichte
  • Amended by XX.2024.9