IE-2015-act-42 — Residential Tenancies (Amendment) Act 2015 | Law Reform

PART 1 Preliminary and General 1. (1) This Act may be cited as the Residential Tenancies (Amendment) Act 2015. (2) The Residential Tenancies Acts 2004 and 2009 and this Act, other than subsection (3) and sections 15 , 85 and 87 , may be cited together as the Residential Tenancies Acts 2004 to 2015 and shall be construed together as one. (3) The Housing Acts 1966 to 2014, sections 15 , 85 and 87 and this subsection may be cited together as the Housing Acts 1966 to 2015 and shall be construed together as one. (4) This Act, other than section 25 , subparagraph (i) of paragraph (a) of subsection (1) of section 26 , section 26 (2) and section 31 , 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 provisions. 2. In this Act— “Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009 ; “Board” has the meaning assigned to it by section 4 of the Principal Act; “Minister” means the Minister for the Environment, Community and Local Government; “Principal Act” means the Residential Tenancies Act 2004 . PART 2 Application of Principal Act to certain dwellings let by approved housing bodies to certain tenants 3. (1) Section 3(2) of the Principal Act is amended by substituting the following paragraph for paragraph (c): “(c) a dwelling that is let by or to a public authority and without prejudice to the generality of the foregoing, including a dwelling provided by a public authority to an approved housing body other than a dwelling referred to in subsection (2A),”. (2) Section 3 of the Principal Act is amended by inserting the following subsection after subsection (2): “(2A) Where— (a) a public authority provides a dwelling, of which it is the owner, to an approved housing body under a contract or lease between the public authority and the approved housing body pursuant to paragraph (ea) of section 6 (2) of the Housing (Miscellaneous Provisions) Act 1992 , and (b) subsequent to such provision the dwelling concerned is the subject of a tenancy between the approved housing body concerned and a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act), for the purposes of subsection (1) and without prejudice to paragraph (c) of subsection (2) — (i) this Act applies to that dwelling (including any such dwelling that is the subject of a tenancy created before the coming into operation of this subsection), (ii) any such tenancy shall not, for the purposes of this Act, be treated as a sub-tenancy arising out of such lease or contract between the public authority and the approved housing body, and (iii) references in this Act to a sub-tenancy shall not include a dwelling that is the subject of a tenancy between the approved housing body and the household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 .”. (3) Section 3 of the Principal Act is amended by inserting the following subsections after subsection (3): “(4) Without prejudice to subsection (1), for the purposes of the application of this Act to— (a) a dwelling referred to in subsection (2A), and (b) a dwelling, other than a dwelling referred to in paragraph (a), that— (i) is owned and provided by an approved housing body to whom assistance is given under subsection (2) of section 6 of the Housing (Miscellaneous Provisions) Act 1992 , other than the assistance referred to in paragraph (ea) of that subsection, for the purposes of such provision by the approved housing body, (ii) is the subject of a tenancy (including a tenancy created before the commencement of this subsection), and (iii) is let by that approved housing body to a household within the meaning of section 20 of the Housing (Miscellaneous Provisions) Act 2009 that has been assessed under that section of that Act as being qualified for social housing support (within the meaning of that Act), subsections (5) and (6) (both inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ) and sections 3A and 3B (both inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 ) shall apply to a dwelling referred to in paragraphs (a) and (b). (5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 )— (a) the approved housing body concerned shall be deemed to be a landlord of such dwelling, (b) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a dwelling, referred to in subsection (4)(a), shall be construed accordingly, and (c) the person who is the tenant of the dwelling shall be construed in accordance with subsection (6). (6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in paragraphs (a) and (b) of subsection (4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 )— (a) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling, (b) where the household comprises 2 or more persons, whichever of those persons who has been granted occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and (c) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, referred to in paragraph (a) or (b) of subsection (4), the subject of a tenancy, shall be construed accordingly.”. 4. (1) The Principal Act is amended by inserting the following new sections after section 3: “Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4) 3A. (1) A tenant of a dwelling the subject of a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ) shall not assign or sub-let the tenancy. (2) Any sub-tenancy of a dwelling referred to in section 3(4) that is purported to be created shall be void. (3) Any assignment of a dwelling referred to in section 3(4) that is purported to be made is void. (4) Section 16(k) shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4). Application of Act to dwellings referred to in section 3(4): supplemental provisions 3B. For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 )— (a) a reference in Part 4 to a ‘continuous period of 6 months’, means a continuous period of 6 months that commences on or after the commencement of section 3(4), (b) a reference in this Act to ‘relevant date’ shall be construed as meaning the date on which section 3(4) of the Act is commenced, (c) the ground specified in paragraph 4 of the Table to section 34 shall not apply in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4), (d) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of a dwelling the subject of a tenancy referred to in section 3(4), (e) sections 19, 20, 21 and 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4), and (f) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4). Notification to Minister of designations 3C. Where an approved housing body makes a designation referred to in subsection (5) of section 25, it shall notify the Minister of such designation and consent of the public body concerned not later than 6 months after the making of such designation.”. (2) Section 5 of the Principal Act is amended in the definition of “relevant date” by inserting “or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ), shall be construed in accordance with section 3B(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 )” after “is commenced”. (3) Section 16(k) of the Principal Act is amended by substituting “subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 ), not assign or sub-let” for “not assign or sub-let”. (4) Section 27 of the Principal Act is amended by inserting “or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ), shall be construed in accordance with section 3B(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 )” after “commences on or after the relevant date”. 5. Section 4(1) of the Principal Act is amended— (a) by inserting the following definitions: “ ‘approved housing body’ means a body— (a) approved under section 6 (6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and (b) to which— (i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings owned by it, or (ii) assistance referred to in section 6(2)(ea) of that Act is given; ‘housing authority’ has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992 ;”, and (b) in the definition of “public authority”, by inserting the following paragraph after paragraph (c): “(ca) a housing authority,”. 6. The Principal Act is amended by inserting the following section after section 19: “ 19A. (1) In setting the rent under the tenancy of a dwelling referred to in section 3(4) the amount of rent under the tenancy of a dwelling— (a) referred to in paragraph (a) of section 3(4), shall be determined in accordance with the contract or lease referred to in section 3(2A), and (b) referred to in paragraph (b) of section 3(4), shall be determined in accordance with the terms of the assistance referred to in that paragraph. (2) Where there is a subsequent setting of rent under a tenancy referred to in subsection (1) by way of a review under section 20A, the amount of rent set following such review shall be determined— (a) in the case of a dwelling referred to in paragraph (a) of subsection (1), in accordance with the contract or lease referred to in that paragraph, and (b) in the case of a dwelling referred to in paragraph (b) of subsection (1), in accordance with the assistance referred to in that paragraph.”. 7. The Principal Act is amended by inserting the following section after section 20: “ 20A. (1) A review of the rent under the tenancy of a dwelling referred to in section 3(4) shall be carried out in accordance with the tenancy agreement relating to the tenancy of the dwelling. (2) Where a tenancy agreement referred to in subsection (1) does not include provision for a review of the rent of a dwelling referred to in section 3(4), subject to subsection (3), either party may require a review of the rent under the tenancy to be carried out for the purpose of setting the rent. (3) A review referred to in subsection (2) shall not be carried out more than once in any 12 month period.”. 8. The Principal Act is amended by inserting the following section after section 22: “22A. Where, following a review of rent under section 20A, there is a change in the amount of rent, the landlord shall notify the tenant of the amount of rent set following that review in accordance with the tenancy agreement or where there is no such provision in the tenancy agreement, as soon as practicable.”. 9. Section 25 of the Principal Act is amended by inserting the following subsections after subsection (4): “(5) This Part does not apply to a tenancy of the dwelling referred to in section 3(4) where— (a) the dwelling concerned is designated by the approved housing body for the use by it as a transitional dwelling, and (b) the consent of the public authority which— (i) is, in the case of a dwelling referred to in paragraph (a) of section 3(4), a party to the lease or contract referred to in section 3(2A), or (ii) provides, in the case of a dwelling referred to in paragraph (b) of section 3(4), the assistance referred to in that paragraph, has, in respect of the designation referred to in paragraph (a), been obtained by the approved housing body before it makes the designation. (6) In subsection (5) ‘transitional dwelling’ means a dwelling that an approved housing body leases for periods not exceeding 18 months for the purposes of the approved housing body concerned. (7) Where, before the coming into operation of section 3 of the Residential Tenancies (Amendment) Act 2015 , an approved housing body had not, for the purposes of subsection (5), made a designation in respect of a dwelling referred to in paragraph (a) or (b) of section 3(4) that it leases to a household referred to in subsection (2A) or (4)(b) of section 3 for a period not exceeding 18 months, the approved housing body concerned— (a) may designate that dwelling to be a transitional dwelling for the purposes of subsection (5) at any time during the period of 12 months commencing on the day on which section 3 of the Residential Tenancies (Amendment) Act 2015 comes into operation, and (b) shall notify the Minister of that designation not later than 3 months after it is made.”. 10. Section 39 of the Principal Act is amended— (a) in subsection (1) by substituting “, 4 and 6” for “and 4”, and (b) by inserting the following subsection after subsection (5): “(6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ), a person to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless— (a) in the case of a dwelling referred to in section 3(4)(a), he or she is a member of a household referred to in section 3(4)(a), or (b) in the case of a dwelling referred to in section 3(4)(b), he or she is a member of a household referred to in section 3(4)(b).”. 11. Section 50 of the Principal Act is amended in subsection (7) by substituting “may, subject to section 3B(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015 ), request” for “may request”. 12. Section 78 of the Principal Act is amended, in paragraph (b) of subsection (1), by inserting “or, as the case may be, section 19A” after “section 19”. 13. (1) The board established under section 150 of the Principal Act shall, on and from the commencement of this section, be re-named An Bord um Thionóntachtaí Cónaithe or, in the English language, the Residential Tenancies Board. (2) Section 4 of the Principal Act is amended in subsection (1) by substituting the following for the definition of “Board”: “ ‘Board’ shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015 ;”. (3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board. (4) The Principal Act is amended— (a) in section 131— (i) in subsection (1), by deleting “private”, and (ii) in subsection (2), by substituting “ ‘rented sector’ ” for “private rented sector”, (b) in section 151(1) — (i) in paragraph (c), by deleting “private”, (ii) in paragraph (d), by deleting “private”, (iii) in paragraph (e), by deleting “private”, and (iv) in paragraph (f), by deleting “private” in each place where it occurs, (c) in section 151(2), by deleting “private”, (d) in section 151 by substituting the following subsection for subsection (4): “(4) In this section ‘rented sector’ means— (a) the sector of commercial activity in the State consisting of the letting of dwellings, and (b) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2015 ), to households referred to in that subsection.”, and (e) in section 181— (i) in subsection (1), by deleting “private”, and (ii) in subsection (3), by substituting “ ‘rented sector’ ” for “ ‘private rented sector’ ”. 14. (1) The register established and maintained under section 127(1) of the Principal Act shall, on and from the commencement of this section, be re-named the “residential tenancies register”. (2) In any enactment or any instrument under an enactment references to the private residential tenancies register shall be construed as references to the residential tenancies register. 15. Section 20 of the Act of 2009 is amended by substituting the following subsection for subsection (1): “(1) For the purposes of this section ‘household’ means— (a) a person who lives alone, (b) 2 or more persons who live together, or (c) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.”. 16. Section 134 of the Principal Act is amended— (a) in subsection (2), by substituting “Subject to subsection (2A), an application” for “An application”, (b) by inserting the following subsection after subsection (2): “(2A) Where an application under this section is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4), an application under this section in respect of such tenancy shall be made— (a) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation, (b) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation— (i) within 12 months from the day on which section 3(4) comes into operation, or (ii) within 1 month from the commencement of the tenancy, whichever is the later, or (c) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy.”, (c) by substituting the following subsection for subsection (3): “(3) An application under this section shall— (a) be in the prescribed form, (b) subject to subsections (4) and (7), be accompanied by— (i) subject to subparagraph (ii), the fee referred to in section 137(1)(b)(ii), or (ii) in the case of a tenancy referred to in subsection (2A), the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b), and (c) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee.”, (d) by inserting the following subsection after subsection (3): “(3A) Where a deposit referred to in section 12(1)(d) — (a) has been paid to the landlord, the application under this section shall, pursuant to section 135A(1), be accompanied by the deposit, or (b) has not been paid to the landlord and a statement referred to in section 135A(2) is, pursuant to that section, required to be furnished to the Board, the application under this section shall be accompanied by that statement.”, (e) in subsection (4) — (i) by substituting “requirements” for “requirement”, (ii) by substituting “do” for “does”, and (iii) by substituting “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii)” for “subsection (2)(a) or (b) ”, (f) in subsection (5) — (i) in paragraph (a), by inserting “or where the applications are made pursuant to subsection (2A), the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b),” after “section 137,”, (ii) in paragraph (a), by substituting “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii) ” for “subsection (2)(a) or (b) ”, and (iii) by substituting the following paragraph for paragraph (b): “(b) the applicant has paid— (i) in respect of several applications falling within section 137(3), the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or (ii) in respect of several applications falling within section 137A(3), the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling,”, and (g) F1 [ … ] 17. Section 137 of the Principal Act is amended— (a) in subsection (1) by inserting “and section 137A” after “subsections (2) and (6) ”, (b) in subsection (2) by substituting “section 134(3)(b)(i)” for “section 134(3) ”, (c) in subsection (3) by substituting “in respect of not more than 10 tenancies” for “in respect of tenancies”, (d) F2 [ … ] and (e) F2 [ … ] 18. The Principal Act is amended by inserting the following section after section 137: “Fee to accompany application under section 134(2A) 137A. (1) The fee to accompany an application under section 134(2A) shall be— (a) if the application is made in the period of 12 months beginning on commencement of section 3(4), a fee of €45, or (b) if the application is made after the period referred to in paragraph (a) — (i) unless subparagraph (ii) applies, a fee of €90, or (ii) if the Board has, under subsection (1A) of section 138, declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection. (2) The requirement under section 134(3)(b)(ii) for a fee specified in this section to accompany an application under section 134 shall be regarded as satisfied, as respects the applications referred to in subsection (3), if the applicant referred to in subsection (3) opts to pay the Board a single fee of the amount specified in subsection (4) in respect of those applications. (3) The applications referred to in subsection (2) are applications made by the same person at the same time in respect of not more than 10 tenancies of dwellings comprised in the same property. (4) The amount of the single fee referred to in subsection (2) is— (a) if the applications concerned are made in the period of 12 months beginning on the commencement of section 3(4), €187.50, or (b) if the applications concerned are made after the period referred to in paragraph (a) — (i) unless subparagraph (ii) applies, a fee of €375, or (ii) if the Board has, under subsection (1A) of section 138, declared a fee for the purposes of this paragraph, the fee declared by the Board under that subsection. (5) The option of paying the single fee referred to in subsection (2) is not available to the person referred to in subsection (3) if the applications concerned are not made within the period specified in paragraph (a), (b) or (c) of section 134(2A). (6) If an application under section 134(2A) is not made within the period specified in paragraph (a), (b) or (c) of section 134(2A), the fee to accompany that application shall, subject to subsection (7), be the total amount of— (a) the fee referred to in paragraph (a) or, as the case may be, paragraph (b) of subsection (1), and (b) an additional amount of €20 for— (i) each month, or (ii) part of a month, falling after the expiration of the period specified in paragraph (a), (b) or (c) of section 134(2A). (7) The fee referred to in subsection (6) shall not exceed the total amount of €240.”. 19. Section 138 of the Principal Act is amended— (a) by inserting the following subsection after subsection (1): “(1A) Without prejudice to subsection (1), where, in respect of the fee referred to in subsections (1)(b) and (4)(b) of section 137A, the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in— (a) any period ending on or before the date that falls 24 months after the commencement of subsection (2A) of section 134, or (b) any period subsequent to that date, it is appropriate for it to declare a fee of a greater or lesser amount than— (i) in the case of section 137A(1)(b) — (I) €90, or (II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision, or (ii) in the case of section 137A(4)(b) — (I) €375, or (II) the amount that was last previously declared (in exercise of the power under this section) for the purposes of that provision, it may, subject to subsection (2A), declare in writing, for the purposes of subsection (1)(b) or (4)(b) of section 137A, a fee of such greater or lesser amount.”, and (b) by inserting the following subsection after subsection (2): “(2A) In respect of the declaration of a fee referred to in subsection (1A), the amount (expressed as a percentage) by which the amount of a fee declared under that subsection is greater or lesser than the amount of the relevant fee mentioned in that subsection shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in— (a) unless paragraph (b) applies, the period beginning on the commencement of subsection (2A) of section 134 and ending on the making of the declaration, or (b) if the power under this section has been previously exercised for the purpose of subsection (1)(b) or (4)(b) of section 137A, as the case may be, the period beginning on the date that the power was last exercised and ending on the making of the declaration.”. 20. Section 144 of the Principal Act is amended in subsection (5) by— (a) substituting “shall apply as if subsection (2) or, as the case may be, subsection (2A)” for “shall apply as if subsection (2) ”, and (b) substituting “or 137A(6)” for “(fee of double the ordinary amount to be paid on late application)”. 21. Section 176 of the Principal Act is amended, in subsection (3), by inserting the following paragraph after paragraph (b): “(ba) the making of an application under section 134 which is not made in electronic form,”. PART 3 Amendments of Principal Act 22. Section 8 of the Principal Act is amended by inserting the following subsection after subsection (1): “(1A) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.”. 23. Section 12 of the Principal Act is amended— (a) in subsection (1), by substituting the following paragraph for paragraph (d): “(d) where a deposit is paid by the tenant to the landlord on entering into the agreement for the tenancy or lease— (i) transmit the deposit to the Board in accordance with this Act, and (ii) for the purpose of the effecting, by the Board, the return of that deposit to the tenant, subject to the conditions specified in subsection (4), and ascertaining, for the purpose of such return, if a default referred to in that subsection is to be taken into account— (I) respond to the notification of the Board that relates to the return of the deposit in accordance with this Act, (II) provide information, in accordance with this Act, to the Board of any such default, (III) notify the Board, as soon as practicable, of any change in the information provided to the Board under section 136(1)(b) in respect of his or her address for correspondence, and (IV) notify the Board on or as soon as practicable after the end of the tenancy with a statement, in the prescribed form, that he or she requires a default referred to in subsection (4) to be taken into account by the Board,”, (b) in subsection (4), by substituting “A deposit referred to in subsection (1)(d) shall, in accordance with this Act, be returned to the tenant” for “Subsection (1)(d) applies and has effect”, and (c) by inserting the following subsection after subsection (5): “(6) A landlord shall send a copy of the notification referred to in subsection (1)(d)(ii)(IV) to the tenant at the same time as he or she sends the notification to the Board.”. 24. Section 16 of the Principal Act is amended— (a) in paragraph (m), by substituting “withhold),” for “withhold), and”, (b) in paragraph (n), by substituting “dwelling, and” for “dwelling.”, and (c) by inserting the following paragraph after paragraph (n): “(o) where a deposit referred to in section 12(1)(d) has been paid to the landlord by the tenant, for the purpose of the effecting, by the Board, the return of the deposit to the tenant subject to the conditions specified in section 12(4) and ascertaining, for the purpose of such return, if a default referred to in section 12(4) is to be taken into account— (i) to respond to the notification of the Board that relates to the return of the deposit in accordance with this Act, (ii) to provide information, in accordance with this Act, to the Board of any such default, and (iii) to notify the Board, as soon as practicable, of his or her address for correspondence when the tenancy has ended.”. 25. (1) Section 20 of the Principal Act is amended by inserting the following subsections after subsection (3): “(4) The references to ‘12 months’ in— (a) paragraphs (a) and (b) of subsection (1), and (b) subsection (3), shall, for the duration of the relevant period, be construed as references to ‘24 months’. (5) Subsections (4) and (6) shall cease to have effect on the day immediately before the fourth anniversary of the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 came into operation and, on and from the first-mentioned day— (a) paragraphs (a) and (b) of subsection (1), and (b) subsection (3), shall be read as if subsection (4) had not been enacted. (6) In subsection (4), ‘relevant period’ means the period commencing on the day on which section 25 of the Residential Tenancies (Amendment) Act 2015 comes into operation and ending on the day immediately before the fourth anniversary of the day on which that section came into operation.”. (2) In the case of a tenancy which commenced before the coming into operation of subsection (1) , for the purposes of the amendments effected by that subsection, where— (a) a period of 12 months, beginning on the commencement of the tenancy, has not elapsed before the day on which subsection (1) comes into operation, a review of rent under that tenancy may not occur until a period of 24 months, beginning on the commencement of the tenancy, has elapsed, (b) a period of 12 months, beginning on the date of the commencement of the tenancy, has elapsed before the day on which subsection (1) comes into operation and a review of rent under section 20 of the Principal Act has not been carried out before that day, a review of rent may not occur until a period of 24 months, beginning on the commencement of the tenancy, has elapsed, (c) a review of rent was carried out pursuant to section 20(3) of the Principal Act and that review of rent was the most recent review of rent carried out before the coming into operation of subsection (1) , a review of rent may not occur until a period of 24 months, beginning on the date of that most recent review of rent, has elapsed, or (d) one or more reviews of the rent under that tenancy has, or have, been carried out in accordance with section 20 of the Principal Act, a review of rent may not occur until a period of 24 months, beginning on the date of the most recent review of rent carried out before the coming into operation of subsection (1) , has elapsed. (3) The amendments effected by subsection (1) — (a) shall not apply in respect of a review of rent under the tenancy of a dwelling carried out under section 20 of the Principal Act where a review of rent— (i) is being carried out in accordance with that section before the day on which subsection (1) comes into operation, or (ii) has been carried out in accordance with that section before the day on which subsection (1) comes into operation, pursuant to which a notice under section 22(2) of the Principal Act has been served on the tenant concerned before the day on which subsection (1) comes into operation, and (b) shall apply in respect of a review of rent under the tenancy of a dwelling carried out after the review of rent referred to in paragraph (a) during the period for which subsections (4) and (6) of section 20 of the Principal Act have effect. 26. (1) Section 22 of the Principal Act is amended— (a) in subsection (2) — (i) by substituting “90 days” for “28 days”, (ii) by substituting “in the prescribed form” for “in writing”, and (iii) by inserting “and the matters specified in subsection (2A)” after “have effect”, and (b) by inserting the following subsections after subsection (2): “(2A) The notice referred to in subsection (2) shall— (a) without prejudice to subsection (2) and pursuant to the condition referred to in that subsection, state the amount of the new rent and the date from which it is to have effect, (b) include a statement that a dispute in relation to the setting of a rent pursuant to a review of the rent under a tenancy must be referred to the Board under Part 6 before— (i) the date stated in the notice as the date from which that rent is to have effect, or (ii) the expiry of 28 days from the receipt by the tenant of that notice, whichever is the later, (c) include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to— (i) the other terms of the tenancy, and (ii) letting values of dwellings— (I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and (II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated, (d) specify, for the purposes of paragraph (d), and without prejudice to the generality of that paragraph, the amount of rent sought for 3 dwellings— (i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and (ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated, and (e) include the date on which the notice is signed. (2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent. (2C) In this section ‘amount of rent sought’ means the amount of rent specified for the letting of a dwelling in an advertisement the date of which falls within the period of 4 weeks immediately preceding the date on which the notice referred to in subsection (2) is served.”. (2) Where, before the coming into operation of subparagraph (i) of paragraph (a) of subsection (1) , a notice under subsection (2) of section 22 of the Principal Act has been served on a tenant, notwithstanding the amendments to that section by subsection (1) , that section shall continue to apply to— (a) that notice, and (b) the operation of subsection (3) of that section in respect of that notice, as if subparagraph (i) of paragraph (a) of subsection (1) had not been enacted. 27. The Principal Act is amended by inserting the following section after section 33: “ 33A. Without prejudice to section 33, in addition to the grounds for termination by a landlord under section 34, in accordance with section 57(b), Part 5 shall apply in relation to the termination of a Part 4 tenancy by a landlord.”. 28. The Table to section 34 of the Principal Act is amended— (a) in paragraph 1(a), by inserting “in writing” after “notified”, (b) in paragraph 2, by inserting “and the notice of termination is accompanied by a statement referred to in section 35” after “occupying household”, (c) in paragraph 3, by inserting “and the notice of termination is accompanied by a statutory declaration referred to in section 35” after “containing the dwelling”, (d) in paragraph 4, by substituting “by a statutory declaration” for “, in writing, by a statement”, (e) in paragraph 5— (i) in subparagraph (a), by substituting “intended works,” for “intended works, and”, (ii) by inserting the following subparagraphs after subparagraph (a): “(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) that planning permission is not required and he or she has complied with the requirements of section 35(9)(b), and”, and (iii) in subparagraph (b)(i) by inserting “within the period of 6 months from the expiry of the period of notice required to be given by the notice, or if a dispute in relation to the validity of the notice was referred to the Board under Part 6 for resolution, the final determination of the dispute” after “available for re-letting”, and (f) in paragraph 6— (i) in subparagraph (a), by substituting “intended use,” for “intended use, and”, (ii) by inserting the following subparagraphs after subparagraph (a): “(aa) that, in a case where planning permission has been obtained, a copy of the planning permission is attached to the notice or statement, (ab) as to whether any works are to be carried out in respect of the change of use and where such works are required to be carried out, specifying— (i) details of those works, (ii) the name of the contractor, if any, employed to carry out such works, and (iii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out, and”. 29. Section 35 of the Principal Act is amended by inserting the following subsections after subsection (6): “(7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify— (a) the bed spaces in the dwelling, and (b) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household. (8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling. (9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall— (a) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and (b) specify, where planning permission is not required— (i) the name of the contractor, if any, employed to carry out the intended works, and (ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out. (10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.”. 30. The Principal Act is amended by inserting the following section after section 64: “ 64A. On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that— (a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and (b) the notice of termination is otherwise in compliance with the provisions of this Act.”. 31. (1) Section 66 of the Principal Act is amended— (a) by substituting the following Table for Table 1: “TABLE 1 Termination by Landlord Duration of Tenancy Duration of Tenancy Notice Period Notice Period (1) (1) (2) (2) Less than 6 months Less than 6 months 28 days 28 days 6 or more months but less than 1 year 6 or more months but less than 1 year 35 days 35 days 1 year or more but less than 2 years 1 year or more but less than 2 years 42 days 42 days 2 years or more but less than 3 years 2 years or more but less than 3 years 56 days 56 days 3 years or more but less than 4 years 3 years or more but less than 4 years 84 days 84 days 4 or more but less than 5 years 4 or more but less than 5 years 112 days 112 days 5 or more but less than 6 years 5 or more but less than 6 years 140 days 140 days 6 or more but less than 7 years 6 or more but less than 7 years 168 days 168 days 7 or more but less than 8 years 7 or more but less than 8 years 196 days 196 days 8 or more years 8 or more years 224 days 224 days ”, and (b) by substituting the following Table for Table 2: “TABLE 2 Termination by Tenant Duration of Tenancy Duration of Tenancy Notice Period Notice Period (1) (1) (2) (2) Less than 6 months Less than 6 months 28 days 28 days 6 or more months but less than 1 year 6 or more months but less than 1 year 35 days 35 days 1 year or more but less than 2 years 1 year or more but less than 2 years 42 days 42 days 2 or more but less than 4 years 2 or more but less than 4 years 56 days 56 days 4 years or more but less than 8 years 4 years or more but less than 8 years 84 days 84 days 8 or more years 8 or more years 112 days 112 days ”. (2) Where, immediately before the coming into operation of subsection (1) , a period of notice was specified in a notice of termination in respect of a tenancy to which section 66 of the Principal Act applies but that period had not expired, notwithstanding the amendments to section 66 of the Principal Act made by subsection (1) , the periods of notice specified in the Tables to that section before those amendments were made shall continue to apply in respect of the notice of termination concerned as if those amendments had not been made. 32. Section 67 of the Principal Act is amended in subsection (2) — (a) by inserting the following paragraph after paragraph (a): “(aa) in the case of the termination of a tenancy of a dwelling to which Part 4 applies, 28 days regardless of the duration of the tenancy,”, and (b) in paragraph (b), by inserting “in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply,” before “28 days”. 33. Section 70 of the Principal Act is amended in subsection (3) by inserting “by the landlord” after “(“the sub-tenant”)”. 34. Section 75 of the Principal Act is amended— (a) in subsection (2), by inserting “76A,” after “76(4),”, (b) in subsection (4)(d), by substituting “landlord,” for “landlord, and”, and (c) in subsection (4) by inserting the following paragraph after paragraph (d): “(da) in the case of a complaint mentioned in section 76A— (i) the landlord and the tenant, or (ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section, and”. 35. The Principal Act is amended by inserting the following sections after section 76: “ 76A. (1) This section applies where a matter has been referred to the Board for resolution (the ‘original dispute’) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i), or as the case may be, a sub-tenant referred to in section 86(1)(a)(ii), has failed to comply with section 86(1)(a). (2) (a) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a landlord may refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i) has failed to comply with section 86(1)(a). (b) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a head-tenant may refer to the Board for resolution a complaint that the sub-tenant referred to in section 86(1)(a)(ii) has failed to comply with section 86(1)(a). (3) In this section— ‘head-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule; ‘sub-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule. Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint 76B. (1) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), arranged for the dispute to be the subject of adjudication— (a) when adjudicating, under section 97, such dispute and without prejudice to section 97, the adjudicator— (i) shall have regard to the original dispute referred to in section 76A, and (ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint, and (b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently. (2) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), referred it to the Tribunal— (a) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal— (i) shall have regard to the original dispute referred to in section 76A, and (ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint, and (b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.”. 36. Section 77 of the Principal Act is amended— (a) by inserting the following subsection after subsection (1): “(1A) Without prejudice to subsection (1), where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h), the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15.”, (b) by inserting the following subsection after subsection (2): “(2A) The conditions mentioned in subsection (1A) are— (a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and (b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter— (i) by communicating or attempting to communicate with the landlord or former landlord, or (ii) by— (I) requesting a person referred to in subsection (4) (in this section referred to as a ‘subsection (4) person’) to communicate with the landlord or former landlord on his or her behalf, and (II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15, and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted.”, (c) in subsection (3) by— (i) inserting “or, as the case may be, subsection (2A)(b) ” after “with subsection (2)(b) ”, and (ii) inserting “or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made,” after “under this section”, and (d) by inserting the following subsections after subsection (3): “(4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request— (a) an owners’ management company within the meaning of the Multi-Unit Developments Act 2011 , (b) a body corporate, or (c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents’ association or a neighbourhood watch group, to do either or both of the following on his or her behalf: (i) to make the communication referred to in subsection (2A)(b); (ii) to refer the complaint referred to in subsection (1A) to the Board. (5) For the purposes of section 75(4)(e), where, in accordance with this section, a subsection (4) person— (a) refers a complaint to the Board on behalf of a person referred to in section 15, or (b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15, the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part.”. 37. (1) Section 78 of the Principal Act is amended in subsection (1) — (a) by substituting “where appropriate, and without prejudice to section 76A, complaints” for “where appropriate, complaints”, and (b) by substituting the following paragraphs for paragraph (a): “(a) without prejudice to the generality of paragraph (e), failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i), (aa) failure by— (i) a landlord to comply with section 12(1)(d)(ii)(III), or (ii) a tenant to comply with section 16(o)(iii), (ab) the return of the deposit to one or both parties, (ac) failure by a party to the tenancy to comply with sections 148A, 148F(2) or 148I(3), (ad) any loss referred to in section 148I(6),”. (2) Where, on or before the coming into operation of subsection (1) , a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had been commenced but had not been finally determined in accordance with the Principal Act, the dispute shall be determined in accordance with that Act as if that paragraph had not been amended by subsection (1) and for the purposes of that dispute— (a) paragraph (d) of section 12(1) of the Principal Act shall apply in relation to that dispute as if that paragraph had not been amended by section 23 , and (b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return or repayment of that deposit as if that subsection had not been amended by section 23 . (3) Where on or before the coming into operation of subsection (1) and section 23 , a tenancy had ended and the deposit had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise) and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution— (a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 23 , (b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 23 , and (c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1) . (4) Where, on or before the coming into operation of subsection (1) and section 23 , a notice of termination had been served in respect of a tenancy and a deposit had been paid to the landlord and had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise), and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution— (a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 23 , (b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 23 , and (c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1) . (5) In subsection (2) the reference to a dispute being finally determined in accordance with the Principal Act includes, in respect of that dispute, the final determination of an appeal under section 123(3) of that Act or an application for the enforcement, under section 124 of that Act, of the determination order concerned. 38. Section 79 of the Principal Act is amended— (a) by designating that section as subsection (1), and (b) by inserting the following subsection after subsection (1): “(2) In the case of a complaint made under section 76A— (a) subsection (1) shall not apply to the complaint, and (b) the reference to the Board of a complaint made under section 76A shall not include any other dispute or complaint.”. 39. Section 82 of the Principal Act is amended— (a) in subsection (5) by substituting “subject to subsection (6), any costs referred to in subsection (7)” for “such costs and expenses”, and (b) by inserting the following subsections after subsection (5): “(6) Any costs awarded under subsection (5) shall not exceed €1,000. (7) In subsection (5), costs incurred by the other party includes costs or expenses— (a) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and (b) relating to the preparation of his or her case, and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a).”. 40. Section 84(1) of the Principal Act is amended in paragraph (d) by inserting “, frivolous” after “trivial”. 41. Section 86 of the Principal Act is amended, in subsection (1), by substituting the following paragraph for paragraph (a): “(a) the rent payable— (i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and (ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i), shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant,”. 42. (1) Section 93 of the Principal Act is amended by inserting the following subsection after subsection (2): “(2A) No fee shall be payable by either party in respect of the arrangement by the Board, in accordance with subsection (2), for the matter to be the subject of mediation.”. (2) Subsection (1) shall apply to mediations arranged, in accordance with section 93(2) of the Principal Act, on or after the commencement of this section. 43. Section 94 of the Principal Act is amended by inserting the following paragraph after paragraph (a): “(aa) mediation of the kind mentioned in that section in relation to a complaint referred to in section 76A in which case the Board may, as it thinks appropriate— (i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or (ii) refer the dispute to the Tribunal,”. 44. (1) Section 95(4) of the Principal Act is amended in paragraph (c) by substituting “persons who participated in” for “persons who attended”. (2) Section 95(5) of the Principal Act is amended by substituting “Board” for “Director”. (3) Section 95 of the Principal Act is amended by inserting the following subsections after subsection (5): “(5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it. (5B) In this section and section 96, the ‘date of the completion of the mediation’ means— (a) the date that the document referred to in subsection (3)(b) is signed by each of the parties, or (b) where the document is signed by the parties on different dates, the later of those dates.”. (4) Section 95 of the Principal Act is amended by deleting subsection (6). 45. (1) The Principal Act is amended by substituting the following section for section 96: “Procedures to be followed by Board following report of mediator 96. (1) Where— (a) the report furnished to the Board under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute, (b) a period of 10 days has elapsed from the date of the completion of the mediation, and (c) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board, the Board shall prepare a determination order under section 121 in respect of the dispute. (2) Where— (a) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and (b) the report furnished to the Board under section 95(5) states that— (i) there is no agreement between the parties that has resolved the dispute, (ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or (iii) there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board under section 95(5A), the Board shall refer the dispute to the Tribunal.”. (2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the commencement of this section. 46. Section 97 of the Principal Act is amended— (a) in subsection (1), by substituting “, 94(a) or 94(aa)” for “or 94(a)”, and (b) in subsection (2), by substituting “, 94(a) or 94(aa)” for “or 94(a)”. 47. Section 98(1) of the Principal Act is amended in paragraph (a) by substituting “10 days” for “21 days”. 48. Section 101 of the Principal Act is amended in subsection (3), by substituting “94(a) or 94(aa)” for “94(a)”. 49. Section 103 of the Principal Act is amended— (a) in subsection (4) by deleting “subject to subsection (5),”, and (b) by deleting subsection (5). 50. Section 104 of the Principal Act is amended— (a) in subsection (1)(b) by substituting “section 96(2)” for “section 96(6)”, and (b) in subsection (5)(b) — (i) in subparagraph (i), by substituting “a specification,” for “a specification, or”, (ii) in subparagraph (ii), by substituting “that dwelling, or” for “that dwelling.”, and (iii) by inserting the following subparagraph after subparagraph (ii): “(iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship.”. 51. (1) Section 109(2) of the Principal Act is amended— (a) in paragraph (c) by inserting “other than the procedure referred to in section 93(1) and 93(2)” after “in relation to it”, (b) in paragraph (d)(i) by inserting “or 94(aa)”