PART 1 – Preliminary and General
Section 1 Short title
This Act may be cited as the Residential Tenancies Act 2004.
Section 2 Commencement
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.
Section 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). (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 of paragraph (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 apply to 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 of section 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 had sections 3 and 5 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).
(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 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), (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 , civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, 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. (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)Notwithstanding the definition of “tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy (other than a Part 4 tenancy) the term of which is more than 35 years.
(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 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.
(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 60, 70, 71, 72, 73, 81, 185, 186 and 195; (c) Part 4; and (d) Schedule 1.
Section 3A Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
(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).
(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.
Section 3B Application of Act to dwellings referred to in section 3(4): supplemental provisions 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).
Section 3C Notification to Minister of designations 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.
Section 4 Interpretation generally
(1)In this Act, unless the context otherwise requires— “adjudicator” shall be construed in accordance with section 164(2); "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 …, or (ii) assistance referred to in section 6(2)(ea) of that Act is given; “authorised agent” shall be construed in accordance with section 12(1)(e); "BER" has the same meaning as it has in the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012); "Board" shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015; “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; "floor area" means— (a) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, the floor area recorded in respect of the dwelling on the BER register on the basis of a BER assessment in accordance with those Regulations, and (b) in any other case, the floor area within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997); “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;
"housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992; “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 public service number" means a number allocated and issued in accordance with section 262 of the Social Welfare Consolidation Act 2005; “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; "postcode" means postcode within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011; “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, (ca) a housing authority, (d) the Health Service Executive established under section 6 of the Health Act 2004, (e) … (f) a voluntary body standing approved of by the Minister for Health and Children or by the Health Service Executive of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder, (g) … (h) … "registered number", in relation to a company, means the number assigned to the company in the register kept by the Registrar of Companies under section 887 (2) of the Companies Act 2014; “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; "tax reference number" means the reference number stated on any return of income, form or notice of assessment issued to the company or other body corporate concerned by the Revenue Commissioners;
“tenancy agreement” includes an oral tenancy agreement; "tenancy of minimum duration" has the meaning assigned to it by section 35B(1); “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.
Section 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 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); “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 occupation of a dwelling under a tenancy and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy.
(2)A reference in this Act to— (a) the landlord of a dwelling is a reference to the landlord under a tenancy of the dwelling, and (b) the tenant of a dwelling is a reference to the tenant under a tenancy of the dwelling.
(3)Subject to subsection (4), in this Act “costs”, in relation to a matter being dealt with by the Board, a mediator, an adjudicator or the Tribunal or a determination or direction made or given by it or him or her, does not include— (a) legal costs or expenses, or (b) costs or expenses of any other professional kind or of employing any person with technical expertise that are connected wholly or mainly with the provision of evidence for, or the presentation of one or more issues at, the proceedings.
(4)Despite subsection (3), the Board or, with the consent of the Board, a mediator, an adjudicator or the Tribunal may if, in its or his or her opinion the exceptional circumstances of the matter so warrant, determine that any element of costs the subject of a determination or direction made or given by it or him or her shall include costs referred to in paragraph (a) or (b) of that subsection and the amount of such costs shall not exceed €5,000.
Section 6 Service of notices
(1)A notice or other document required or authorised to be served or given by or under this Act, section 4 of the Residential Tenancies and Valuation Act 2020, section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 or section 5 of the Residential Tenancies (Amendment) Act 2021 shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; (ca) by sending it by electronic means to an email address, fax number or other electronic contact point used by the person for receiving emails, faxes or other electronic messages, where a record that the notice or other document has been sent is made for the sender by the email system, fax machine or other electronic system used; (d) where the notice or other document relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.
(2)Where the notice concerned is to be served on or given to a person who is the owner, landlord, tenant or occupier of a dwelling and the name of the person cannot be ascertained by reasonable inquiry it may be addressed to the person by using the words the owner, the landlord, the tenant or the occupier, as the case may require.
(3)For the purposes of this section, a company shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4)A person shall not, at any time during the period of 3 months after a notice is affixed under subsection (1)(d) remove, damage or deface the notice without lawful authority.
(5)A person who contravenes subsection (4) is guilty of an offence.
(6)Where, in proceedings under Part 6, it is shown that a notice was served or given in accordance with the provisions of this section and on the date that it is alleged it was served or given, the onus shall be on the recipient to establish to the Board, the adjudicator or Tribunal's satisfaction that the notice was not received in sufficient time to enable compliance with the relevant time limit specified by or under this Act.
Section 7 Service or giving of notice on behalf of another
Where a notice required or authorised to be served or given by or under this Act is served or given on behalf of a person, the notice shall be deemed to be served or given by that person.
Section 8 Regulations and orders
(1)The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed. (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.
(2)Every order (other than an order made under section 2 or 149) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(3)The Minister may be order amend or revoke an order under this Act (other than an order under section 2 or 149).
(4)An order under subsection (3) shall be made in the like manner and its making shall be subject to the like (if any) consents and conditions as the order that it is amending or revoking.
Section 9 Offences
(1)A person guilty of an offence under this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.
(2)If the contravention in respect of which a person is convicted of an offence under this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 is continued after the conviction, the person is guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable on summary conviction to a fine not exceeding €250.
(3)Proceedings in relation to an offence under this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 may be brought and prosecuted by the Board.
(4)Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, proceedings for an offence under this Act may be instituted at any time within one year after the date of the offence.
(5)Where a person is convicted of an offence under this Act, section 4 of the Residential Tenancies and Valuation Act 2020 or section 10 or 11 of the Planning and Development, and Residential Tenancies, Act 2020 the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Board the costs and expenses, measured by the court, incurred by the Board in relation to the investigation, detection and prosecution of the offence.
Section 10 Repeal and revocation
(1)Section 5 of the Criminal Law Amendment Act 1912 is repealed.
(2)The Housing (Registration of Rented Houses) Regulations 1996 (S.I. No. 30 of 1996) are revoked.
Section 11 Expenses
The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Chapter 1 – Provisions regarding landlord's obligations
Section 12 Obligations of landlords
(1)In addition to the obligations arising by or under any other enactment, a landlord of a dwelling shall— (a) allow the tenant of the dwelling to enjoy peaceful and exclusive occupation of the dwelling, (b) subject to subsection (2), carry out to— (i) the structure of the dwelling all such repairs as are, from time to time, necessary and ensure that the structure complies with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992, and (ii) the interior of the dwelling all such repairs and replacement of fittings as are, from time to time, necessary so that that interior and those fittings are maintained in, at least, the condition in which they were at the commencement of the tenancy and in compliance with any such standards for the time being prescribed, (ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned, (c) subject to subsection (3), effect and maintain a policy of insurance in respect of the structure of the dwelling, that is to say a policy— (i) that insures the landlord against damage to, and loss and destruction of, the dwelling, and (ii) that indemnifies, to an amount of at least €250,000, the landlord against any liability on his or her part arising out of the ownership, possession and use of the dwelling, (d) subject to subsection (4), return or repay promptly any deposit paid by the tenant to the landlord on entering into the agreement for the tenancy or lease, (e) notify the tenant of the name of the person, if any, (the “authorised agent”) who is authorised by the landlord to act on his or her behalf in relation to the tenancy for the time being, (f) provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent, (g) without prejudice to any other liability attaching in this case, reimburse the tenant in respect of all reasonable and vouched for expenses that may be incurred by the tenant in carrying out repairs to the structure or interior of the dwelling for which the landlord is responsible under paragraph (b) where the following conditions are satisfied— (i) the landlord has refused or failed to carry out the repairs at the time the tenant requests him or her to do so, and (ii) the postponement of the repairs to some subsequent date would have been unreasonable having regard to either—
(I) a significant risk the matters calling for repair posed to the health or safety of the tenant or other lawful occupants of the dwelling, or (II) a significant reduction that those matters caused in the quality of the tenant's or other such occupants' living environment, (h) if the dwelling is one of a number of dwellings comprising an apartment complex— (i) forward to the management company, if any, of the complex any complaint notified in writing by the tenant to him or her concerning the performance by the company of its functions in relation to the complex, (ii) forward to the tenant any initial response by the management company to that complaint, and (iii) forward to the tenant any statement in writing of the kind referred to in section 187(2) made by the management company in relation to that complaint, (i) in the case of a tenancy (other than a tenancy to which section 5 (4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 (in this paragraph referred to as a "relevant tenancy"), furnish the tenant and the Board, in writing, with the following information at the commencement of the relevant tenancy: (i) the amount of rent that was last set under the most recent previous tenancy, if any, of the dwelling; (ii) the date the rent was last set under the most recent previous tenancy, if any, of the dwelling; (iii) a statement as to how the rent set under the relevant tenancy has been calculated having regard to section 19; (iv) the number assigned under section 135(3) in respect of the most recent previous tenancy, if any, of the dwelling; (v) by reference to the published register, the amount of rent payable and the number assigned under section 135(3) in respect of the most recent tenancy, preceding the date of commencement of the relevant tenancy, of each of 3 dwellings— (I) of a similar size (determined by reference to floor area), number of bedrooms, type, character and (where applicable) BER to the dwelling the subject of the relevant tenancy, and (II) situated in a comparable area to that in which the dwelling the subject of the relevant tenancy is situated.
(2)Subsection (1)(b) does not apply to any repairs that are necessary due to the failure of the tenant to comply with section 16(f).
(3)The obligation under subsection (1)(c) does not apply at any particular time during the term of the tenancy concerned if, at that time, a policy of insurance of the kind referred to in that provision is not obtainable, or is not obtainable at a reasonable cost, by the landlord in respect of the dwelling.
(4)Subsection (1)(d) applies and has effect subject to the following provisions: (a) no amount of the deposit concerned shall be required to be returned or repaid if, at the date of the request for return or repayment, there is a default in— (i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or (ii) compliance with section 16(f) and the amount of the costs that would be incurred by the landlord, were he or she to take them, in taking such steps as are reasonable for the purposes of restoring the dwelling to the condition mentioned in section 16(f) is equal to or greater than the amount of the deposit, (b) where, at the date of the request for return or repayment, there is a default in— (i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or (ii) compliance with section 16(f), and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).
(5)For the avoidance of doubt, the condition in subsection (1)(g)(i) is satisfied if, after all reasonable attempts, the landlord or his or her authorised agent could not be contacted to make the request concerned.
Section 13 Section 12(1)(b): supplemental regulations
(1)The Board, with the consent of the Minister, may make regulations specifying that particular parts of dwellings shall, for the purposes of section 12(1)(b), be regarded as parts of the interior, or as parts of the structure, of dwellings.
(2)In making regulations under this section, the Board— (a) may invite submissions in relation to the matter from any persons or organisations appearing to the Board to be representative of the interests of landlords and of tenants and consider any submissions from those persons or organisations made on foot of that invitation, (b) shall not specify a part of a dwelling as being part of its structure or, as the case may be, part of its interior if, to do so, would, in its opinion, result in unreasonably burdensome obligations being imposed on landlords.
(3)Different regulations may be made under this section in respect of different classes of dwelling.
Section 14 Prohibition on penalisation of tenants
(1)A landlord of a dwelling shall not penalise a tenant for— (a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6, (b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not), (c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or (d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.
(2)For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.
(3)Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to— (a) the frequency or extent to which the right is exercised in relation to the tenant, (b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and (c) any other relevant circumstances, it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.
(4)This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.
Section 15 Duty owed to certain third parties to enforce tenant's obligations
(1)A landlord of a dwelling owes to each person who could be potentially affected a duty to enforce the obligations of the tenant under the tenancy.
(2)In subsection (1) “person who could be potentially affected” means a person who, it is reasonably foreseeable, would be directly and adversely affected by a failure to enforce an obligation of the tenant were such a failure to occur and includes any other tenant under the tenancy mentioned in that subsection.
(3)This section does not confer on any person a right of action maintainable in proceedings before a court for breach of the duty created by it; the sole remedy for such a breach is by means of making a complaint (where the conditions specified in section 77 for doing so are satisfied) to the Board under Part 6.
(4)Nothing in subsection (3) affects any duty of care, and the remedies available for its breach, that exist apart from this section.
Chapter 2 – Provisions regarding tenant's obligations
Section 16 Obligations of tenants
In addition to the obligations arising by or under any other enactment, a tenant of a dwelling shall— (a) pay to the landlord or his or her authorised agent (or any other person where required to do so by any enactment)— (i) the rent provided for under the tenancy agreement on the date it falls due for payment, … (ii) where the lease or tenancy agreement provides that any charges or taxes are payable by the tenant, pay those charges or taxes in accordance with the lease or tenancy agreement (unless provision to that effect in the lease or tenancy agreement is unlawful or contravenes any other enactment), and (iii) the deposit, if any, provided for under the tenancy agreement, (b) ensure that no act or omission by the tenant results in there not being complied with the obligations of the landlord, under any enactment, in relation to the dwelling or the tenancy (and in particular, the landlord’s obligations under regulations under section 18 of the Housing (Miscellaneous Provisions) Act 1992), (c) allow, at reasonable intervals, the landlord, or any person or persons acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling, (ca) on the request of the landlord or any person or persons acting on the landlord’s behalf in relation to the landlord’s intended entry into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34 (in this paragraph referred to as an "intended transfer"), allow, at reasonable intervals— (i) the landlord, (ii) any person or persons acting on the landlord’s behalf, (iii) a prospective buyer of the dwelling (accompanied by a person referred to in subparagraph (i) or (ii)), or (iv) any person or persons acting on the prospective buyer’s behalf (accompanied by a person referred to in subparagraph (i) or (ii)), access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling in connection with the intended transfer. (d) notify the landlord or his or her authorised agent of any defect that arises in the dwelling that requires to be repaired so as to enable the landlord comply with his or her obligations, in relation to the dwelling or the tenancy, under any enactment, (e) allow the landlord, or any person or persons acting on the landlord's behalf, reasonable access to the dwelling for the purposes of allowing any works (the responsibility for the carrying out of which is that of the landlord) to be carried out,
(f) not do any act that would cause a deterioration in the condition the dwelling was in at the commencement of the tenancy, but there shall be disregarded, in determining whether this obligation has been complied with at a particular time, any deterioration in that condition owing to normal wear and tear, that is to say wear and tear that is normal having regard to— (i) the time that has elapsed from the commencement of the tenancy, (ii) the extent of occupation of the dwelling the landlord must have reasonably foreseen would occur since that commencement, and (iii) any other relevant matters, (g) if paragraph (f) is not complied with, take such steps as the landlord may reasonably require to be taken for the purpose of restoring the dwelling to the condition mentioned in paragraph (f) or to defray any costs incurred by the landlord in his or her taking such steps as are reasonable for that purpose, (h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way, (i) not act or allow other occupiers of, or visitors to, the dwelling to act in a way which would result in the invalidation of a policy of insurance in force in relation to the dwelling, (j) if any act of the tenant’s, or any act of another occupier of, or visitor to, the dwelling which the tenant has allowed to be done, results in an increase in the premium payable under a policy of insurance in force in relation to the dwelling, pay to the landlord an amount equal to the amount of that increase (“the increased element”) (and that obligation to pay such an amount shall apply in respect of each further premium falling due for payment under the policy that includes the increased element), (k) subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2015), not assign or sub-let the tenancy without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), (l) not alter or improve the dwelling without the written consent of the landlord which consent the landlord— (i) in case the alteration or improvement consists only of repairing, painting and decorating, or any of those things, may not unreasonably withhold, (ii) in any other case, may, in his or her discretion, withhold, (m) not use the dwelling or cause it to be used for any purpose other than as a dwelling without the written consent of the landlord (which consent the landlord may, in his or her discretion, withhold), and
(n) notify in writing the landlord of the identity of each person (other than a multiple tenant) who, for the time being, resides ordinarily in the dwelling.
Section 17 Section 16:interpretation and supplemental
(1)In section 16— “alter or improve”, in relation to a dwelling, includes— (a) alter a locking system on a door giving entry to the dwelling, and (b) make an addition to, or alteration of, a building or structure (including any building or structure subsidiary or ancillary to the dwelling), “behave in a way that is anti-social” means— (a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to affect directly the well-being or welfare of others, (b) engage in behaviour that causes or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and, without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or (c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation— (i) by any other person residing in the dwelling concerned, of that dwelling, (ii) by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or (iii) by any person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.
(2)The reference in section 16(b) to an act or omission by the tenant shall be deemed to include a reference to an act or omission by any other person who, at the time of the doing of the act or the making of the omission, is in the dwelling concerned with the consent of the tenant.
(3)The landlord shall be entitled to be reimbursed by the tenant any costs or expenses reasonably incurred by him or her in deciding upon a request for consent in relation to the tenant's doing a thing referred to in paragraph (k), (l) or (m) of section 16 (whether the consent is granted or refused).
(4)If the amount of the premium referred to in section 16(j) is, apart for the reason mentioned in that provision, subsequently increased or reduced then the reference in that provision to the increased element shall be construed as a reference to the amount concerned as proportionately adjusted in line with the increase or reduction.
Section 18 No contracting out from terms of section 12 or 16 permitted, etc
(1)Subject to subsections (2) and (3), no provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the commencement of this Part) may operate to vary, modify or restrict in any way section 12 or 16.
(2)Subsection (1) does not prevent more favourable terms for the tenant than those that apply by virtue of section 12 being provided for in the lease or tenancy agreement concerned.
(3)Obligations additional to those specified in section 16 may be imposed on the tenant by the lease or tenancy agreement concerned but only if those obligations are consistent with this Act.
PART 3 – Rent and Rent Reviews
Section 19 Setting of rent above market rent prohibited
(1)In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.
(2)The reference in this section to the setting of the rent under a tenancy is a reference to— (a) the initial setting of the rent under the tenancy, and (b) any subsequent setting of the rent under the tenancy by way of a review of that rent.
(3)The setting of the rent under the tenancy of a dwelling that is carried out on or after the 1 March 2026 shall be subject to subsections (4) to (7).
(4)(a) The setting (in this subsection referred to as the "next setting") of a rent under the tenancy of a dwelling … shall , subject to paragraph (aa) neither— (i) result in such increase in rent as would cause the new rent under the tenancy to exceed the old rent by more than the relevant percentage, nor (ii) result in such increase in rent as would cause the ratio of the new rent under the tenancy to the old rent to exceed the ratio of the current CPI number to the previous CPI number. (aa) subparagraph (i) of paragraph (a) shall not apply where— (i) the dwelling is one of a number of dwellings comprising an apartment complex or a dwelling situated in a building or part of a building referred to in subsection (1A) of section 3 to which this Act applies, (ii) a commencement notice or a 7 day notice, as the case may be, was given or submitted to a building control authority on or after 10 June 2025, and any regulations made under section 6 (2) of the Building Control Act 1990 have been complied with, in respect of— (I) works consisting of construction of the apartment complex, or building or part of a building, as the case may be, in which the dwelling is situated, (II) works consisting of an extension to permanently increase the floor area of the apartment complex, or building or part of a building in which the dwelling is situated, by an amount not less than 25 per cent of that floor area as it stood immediately before the commencement of the works, or (III) works in respect of a change of use of a structure to create the apartment complex, or building or part of a building in which the dwelling is situated, where on completion of the works the apartment complex or building or part of a building, as the case may be, occupies not less than 25 per cent of the floor area of the structure as it stood immediately before the commencement of the works. (b) In this subsection— "current CPI number" means the CPI number published by the Board in accordance with subsection (4C) relating— (a) to the month immediately preceding the month in which the next setting takes place, or (b) in a case in which the CPI number relating to the month first-mentioned in paragraph (a) is not so published on or before the next setting, to the month immediately preceding that month; "new rent" means, in relation to the tenancy of a dwelling, the rent under the tenancy set at the next setting; "old rent" means, in relation to the tenancy of a dwelling— (a) the rent under that tenancy set at the previous setting, or
(b) where that tenancy is a new tenancy, the rent under the tenancy (immediately preceding the new tenancy) of that dwelling set at the previous setting; "previous CPI number" means— (a) in relation to a previous setting that took place before 1 March 2026, the CPI number published by the Board in accordance with subsection (4C) relating to the month in which the previous setting took place, (b) in relation to a previous setting that takes place on or after 1 March 2026— (i) the CPI number published by the Board in accordance with subsection (4C) relating to the month immediately preceding the month in which the previous setting took place, or (ii) in circumstances where the CPI number referred to in subparagraph (i) was not so published by the time the previous setting took place, the CPI number so published relating to the month immediately preceding the month first-mentioned in that subparagraph; "previous setting" means, in relation to the next setting of a rent under the tenancy of a dwelling, the most recent setting (before the next setting) of the rent under— (a) that tenancy of the dwelling, or (b) where the next setting relates to a new tenancy of that dwelling, the tenancy of that dwelling immediately preceding the new tenancy; "relevant percentage" means, in relation to the setting of the rent under the tenancy of a dwelling— (a) 2 per cent of the old rent in respect of each year that has elapsed since the previous setting, and (b) as respects any additional period that has elapsed between the previous setting and the next setting that is shorter than a year, such percentage as bears to 2 per cent the same proportion that that period bears to a year. (c) For the purposes of this subsection, a tenancy immediately precedes a new tenancy if— (i) it expired at any time— (I) during the period of 2 years prior to the creation or coming into being of the new tenancy, or (II) in the case of a new tenancy to which subparagraph (i) of paragraph (a) of subsection (5) applies, during the period of one year prior to the creation or coming into being of the new tenancy, and (ii) no other tenancy was created or came into being during the period between the expiration of that tenancy and the creation, or coming into being, of the new tenancy. (4A) … (4B) … (4C) The Board shall— (a) … (aa) establish and maintain a rent increase calculator to calculate any increase in rent in accordance with subsection (4), (b) publish and keep up to date a table of CPI numbers published by the Central Statistics Office.
(4D) The Minister, for the purposes of subsections (4) and (4C), may prescribe— (a) … (aa) the means by which the rent increase calculator referred to in subsection (4C)(aa) shall operate to accurately calculate any increase in rent by applying the CPI numbers to the rent, (b) the information to be furnished in the table referred to in subsection (4C)(b), and (c) the form and manner of publication by the Board of that calculator and table. (d) …
(5)Subsection (4) does not apply— (a) to the rent first set under a tenancy created on or after 1 March 2026 of— (i) a dwelling— (I) in a protected structure or proposed protected structure within the meaning of section 2 of the Planning and Development Act 2024, or (II) that is such a structure, provided that no tenancy in respect of that dwelling subsisted during the period of one year immediately preceding the date on which the tenancy concerned was created, (ii) a dwelling, other than a dwelling referred to in subparagraph (i), in respect of which no tenancy subsisted during the period of two years immediately preceding the date on which the tenancy concerned was created, (iii) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy during the period of two years immediately preceding the date on which the tenancy concerned was created, was— (I) a Part 4 tenancy that was terminated by the landlord by serving a notice of termination on the tenant of the dwelling that cited as a reason or reasons for the termination the ground or grounds specified in paragraph 1, 1A or 2 of the Table to section 34, or (II) a tenancy to which Part 4 did not apply that was terminated by the landlord by serving a notice of termination that stated as a reason or reasons for the termination the grounds referred to in section 62(1)(da)(i), (ii) or (iii), or (iv) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy was terminated by the tenant, (aa) in the case of a tenancy (other than a tenancy to which section 5 (4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 of a dwelling (other than a dwelling referred to in subsection (1A) of section 3), to the rent set under the tenancy following a period of not less than 6 years during which— (i) subsection (4) applied to the rent under the tenancy, and (ii) any setting of that rent was in compliance with the requirements of subsection (4), (ab) in the case of a tenancy created on or after 1 March 2026 and before 1 March 2029 of a dwelling referred to in subsection (1A) of section 3, to the rent set under the tenancy following a period of not less than 3 years during which— (i) subsection (4) applied to the rent under the tenancy, and (ii) any setting of that rent was in compliance with the requirements of subsection (4), (ac) in the case of a tenancy created on or after 1 March 2029 of a dwelling referred to in subsection (1A) of section 3 that was such a dwelling for the 3 years immediately preceding the date on which the tenancy concerned was created—
(i) to the rent first set under the tenancy, provided that— (I) a tenancy in respect of the dwelling subsisted for at least 6 months during each of those 3 years, (II) subsection (4) applied to the rent under the tenancy or tenancies, and (III) any setting of that rent was in compliance with the requirements of subsection (4), and (ii) to any rent subsequently set under the tenancy following a period of not less than 3 years during which— (I) subsection (4) applied to the rent under the tenancy or tenancies, and (II) any setting of that rent was in compliance with the requirements of subsection (4), or (b) if, in the period since the rent was last set under a tenancy for the dwelling— (i) a substantial change in the nature of the accommodation provided under the tenancy occurs, and (ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be greater than the market rent for the tenancy at the time the rent was last set under a tenancy for the dwelling. (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 of the dwelling by an amount equal to not less than 25 per cent of the floor area 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 … 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 … 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 … 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 …, 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 and the tenant 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.
(6)Where a notice referred to in section 22(2) has been served by a landlord on the tenant before 1 March 2026, then this section shall apply to the new rent, referred to in section 22(2), stated in that notice in accordance with section 22, as if section 8 of the Residential Tenancies (Miscellaneous Provisions) Act 2026 had not been enacted. (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 (5B) shall be guilty of an offence.
(7)In this section— "7 day notice" has the same meaning as it has in the Building Control Act 1990; "building control authority" has the same meaning as it has in the Building Control Act 1990; "commencement notice" means a notice referred to in paragraph (k) of section 6 (2) of the Building Control Act 1990; "CPI number" means the All Items Consumer Price Index Number compiled and published by the Central Statistics Office.
Section 19A Setting of rent under tenancy for dwellings referred to in section 3(4)
(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.
Section 19B Restrictions on amounts payable
(1)Payment shall not be sought from a person or a person shall not be required, for the purpose of securing a tenancy, to make any payment other than— (a) an advance payment of rent, which shall be no greater than the amount of rent payable under the tenancy agreement in respect of a period of one month, and (b) a deposit of an amount no greater than that payable under the tenancy agreement as rent in respect of a period of one month.
(2)A tenancy agreement shall not provide for an advance payment of rent, during the currency of the tenancy, which exceeds an amount that is payable under the tenancy as rent in respect of a period of one month and any payment made under paragraph (a) of subsection (1) shall be treated as an advance payment of rent for the purposes of this subsection.
(3)Subject to subsection (3A) and notwithstanding subsections (1)(a) and (2), a tenant of a dwelling referred to in subsection (1A) of section 3 may, if he or she so wishes, and with the agreement of his or her landlord, make an advance payment of rent which exceeds an amount that would be payable under the tenancy as rent in respect of a period of one month. (3A) An advance payment of rent may only be made in accordance with subsection (3) where the tenant is liable to pay both of the following to a single relevant provider: (a) tuition fees; (b) rent in respect of a tenancy.
(4)Nothing in this section shall prevent a landlord from requiring a tenant to pay to him or her any monies arising from any outstanding legal obligations, whether on foot of the tenancy agreement, any previous tenancy or otherwise.
(5)This section shall apply to a tenancy created not earlier than one month after the passing of the Residential Tenancies (No. 2) Act 2021.
(6)In this section— "landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out to have a dwelling available for occupation under a tenancy; "relevant provider" has the meaning given to it by the Qualifications and Quality Assurance (Education and Training) Act 2012; "tuition fees" has the meaning given to it by the Student Support Act 2011.
Section 19C Duration of tenancy for dwellings referred to in section 3(1A)
(1)The duration of a tenancy of a relevant dwelling shall not exceed a period of 41 weeks.
(2)A landlord shall not request that a person enters or require a person to enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which exceeds a period of 41 weeks.
(3)Notwithstanding subsection (1) or (2), a person may, at his or her request, and with the agreement of the landlord, enter into a lease or tenancy agreement in relation to a relevant dwelling the duration of which is a period of more than 41 weeks.
(4)In this section— "landlord" in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out as having a relevant dwelling available for occupation under a tenancy; "relevant dwelling" means a dwelling referred to in subsection (1A) of section 3.
Section 20 Frequency with which rent reviews may occur
(1)Subject to subsection (3), a review of the rent under the tenancy of a dwelling may not occur— (a) more frequently than once in each period of 12 months, nor (b) in the period of 12 months beginning on the commencement of the tenancy.
(2)Subsection (1) has effect notwithstanding any provision to the contrary in the lease or tenancy agreement concerned.
(3)Subsection (1) does not apply despite the fact that a period of less than 12 months has elapsed from— (a) the last review of the rent under the tenancy, or (b) the commencement of the tenancy, if, in that period— (i) a substantial change (within the meaning of subsection (5A) of section 19) in the nature of the accommodation provided under the tenancy occurs, and (ii) the rent under the tenancy, were it to be set immediately after that change, would, by virtue of that change, be different to what was the market rent for the tenancy at the time of that last review or the commencement of the tenancy, as the case may be.
(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 following the day on which the relevant period ends and from that 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 subsections (4) and (5), "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 that falls two years after the coming into operation of the Residential Tenancies (Amendment) Act 2025.
Section 20A Rent review for dwellings referred to in section 3(4) of Principal Act
(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.
Section 20B Application of section 20 (frequency with which rent reviews may occur)
(1)Where, immediately before the coming into operation of section 2 (a) of the Residential Tenancies (Miscellaneous Provisions) Act 2026, section 24C applied to a tenancy, section 24C shall continue to apply to the tenancy as if that Act had not been enacted.
(2)Where a tenancy commences on or after 1 March 2026, then any review of the rent under the tenancy shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.
Section 21 Right to review of rent where none provided
If the lease or tenancy agreement concerned does not provide for such a review or the tenancy concerned is an implied one, either party may, subject to section 20, require a review of the rent under the tenancy to be carried out and a new rent, if appropriate, set on foot of that review.
Section 22 Tenant to be notified of new rent
(1)The setting of a rent (the “new rent”) pursuant to a review of the rent under a tenancy of a dwelling and which is otherwise lawful under this Part shall not have effect unless and until the condition specified in subsection (2) is satisfied.
(2)That condition is that, at least 90 days before the date from which the new rent is to have effect, a notice in the prescribed form is served by the landlord on the tenant stating the amount of the new rent and the date from which it is to have effect and the matters specified in subsection (2A) , and a copy of that notice is served on the Board on the same day on which the notice is served on the tenant. (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) rent information contained in the published register in relation to dwellings— (I) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling 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 (c), and without prejudice to the generality of that paragraph, the rent information contained in the published register and the number assigned under section 135(3) in respect of the most recent tenancy of each of 3 dwellings— (i) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy, (ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated, (da) specify the floor area of the dwelling the subject of the tenancy, (db) where the dwelling the subject of the tenancy is a building to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, specify the BER in respect of that dwelling, (e) include the date on which the notice is signed, … (f) … state how the rent set under the tenancy was calculated having regard to section 19(4) or, where section 19(4) does not apply, state why it does not apply, and
(g) … state how any increase in the rent last set under the tenancy of the dwelling was calculated or, where section 19(4) does not apply, state why it does not apply. (2B) The notice referred to in subsection (2) shall be signed by the landlord or his or her authorised agent. (2C) …
(3)Where that condition is satisfied, a dispute in relation to a rent falling within subsection (1) must be referred to the Board under Part 6 before— (a) the date stated in the notice under subsection (2) as the date from which that rent is to have effect, or (b) the expiry of 28 days from the receipt by the tenant of that notice, whichever is the later.
(4)It shall be an offence for a landlord to set a rent pursuant to a review of the rent under a tenancy by serving notice of the rent on the tenant other than in accordance with the condition specified in subsection (2).
Section 22A Notification of change in amount of rent following review under section 20A 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.
Section 23 Proceedings for rent arrears
Every person entitled to any rent in arrears or to be paid other charges under a tenancy of a dwelling (whether in his or her own right or as personal representative of a deceased landlord) shall be entitled to recover, under Part 6, such arrears or charges from the person who occupied the dwelling as a tenant in the period in which the arrears accrued or the charges arose or, as may be appropriate, from the person's personal representative.
Section 24 “Market rent”, references to rent reviews, etc
(1)In this Part “market rent”, in relation to the tenancy of a dwelling, means the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to— (a) the other terms of the tenancy, and (b) rent information contained in the published register in relation to dwellings of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling and situated in a comparable area to that in which it is situated.
(2)References in this Part to a review of a rent include references to— (a) any procedure (however it is described) for determining whether, and to what extent, a reduction or increase in the amount of the rent for the time being payable under the tenancy concerned ought to have effect, and (b) the effect of the operation of a provision of a lease or tenancy agreement providing that, by reference to any formula, happening of any event or other matter whatsoever (and whether any act, decision or exercise of discretion on the part of any person is involved or not), such a reduction or increase shall have effect, and, in the case of a provision of the kind referred to in paragraph (b), any prohibition under this Part on a review of rent occurring is to be read as a prohibition on the provision operating to have the foregoing effect.
(3)References in this Part to the setting of a rent are references to the oral agreeing of the rent or to its being provided for in a lease or tenancy agreement or, in the context of a review of rent— (a) the oral agreeing of the rent, (b) the oral or written notification of the rent, or (c) in the case of a provision of the kind referred to in subsection (2)(b), the rent being set by virtue of the operation of that provision.
Chapter 1 – Preliminary
Section 25 Non-application of Part
(1)This Part does not apply to a tenancy of a dwelling where the conditions specified in subsection (2) are satisfied if the landlord of the dwelling opts, in accordance with subsection (3), for this Part not to apply to it.
(2)Those conditions are— (a) the dwelling concerned is one of 2 dwellings within a building, (b) that building, as originally constructed, comprised a single dwelling, and (c) the landlord resides in the other dwelling.
(3)A landlord’s opting as mentioned in subsection (1) shall be signified in writing in a notice served by him or her on the tenant before the commencement of the tenancy.
(4)This Part does not apply to a tenancy of a dwelling— (a) if the landlord of the dwelling is entitled, in relation to expenditure incurred on the construction of, conversion into, or, as the case may be, refurbishment of, the dwelling, to a deduction of the kind referred to in section 380B(2), 380C(4) or 380D(2) (inserted by the Finance Act 1999) of the Taxes Consolidation Act 1997, or (b) if the entitlement of the tenant to occupy the dwelling is connected with his or her continuance in any office, appointment or employment.
(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.
Section 26 Greater security of tenure not affected
Nothing in this Part operates to derogate from any rights the tenant enjoys for the time being (by reason of the tenancy concerned) that are more beneficial for the tenant than those created by this Part.
Chapter 2 – Statement of essential protection enjoyed by tenants
Section 27 Periods of occupancy before relevant date to be disregarded
In this Part “continuous period of 6 months” means a continuous period of 6 months that commences on or after the relevant date 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).
Section 28 Statutory protection — “Part 4 tenancy” — after 6 months occupation
(1)Where a person has been in occupation of a dwelling under a tenancy for a continuous period of 6 months and the condition specified in subsection (3) is satisfied, that tenancy shall, subject to Chapter 3, continue in existence for a period of unlimited duration from the date on which the first-mentioned period expires.
(2)…
(3)The condition mentioned in subsection (1) is that no notice of termination (giving the required period of notice) has been served in respect of the tenancy before the expiry of the period of 6 months mentioned in that subsection.
(4)Despite the fact that such a notice of termination has been so served, that condition shall be regarded as satisfied if the notice is subsequently withdrawn.
Section 29 “Part 4 tenancy”— meaning of that expression
For the purposes of this Act, each of the following is a Part 4 tenancy: (a) a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28; (b) a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021; (c) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021.
Section 30 Terms of Part 4 tenancy
(1)Subject to subsections (2) and (3), the terms of a Part 4 tenancy shall— (a) in the case of a tenancy that continues in existence by virtue of subsection (1) (inserted by subsection (1) of section 5 of the Residential Tenancies (Amendment) Act 2021) of section 28, be those of the tenancy of which it is a continuation, (b) in the case of a tenancy that continues in existence in accordance with subsection (3) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of which it is a continuation, and (c) in the case of a new tenancy of a dwelling referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021, be those of the tenancy of that dwelling immediately preceding the new tenancy.
(2)At any time during the period of a Part 4 tenancy, the parties may, by agreement, vary its terms.
(3)Neither— (a) any term of the tenancy of which the Part 4 tenancy is a continuation, nor (b) any term purported to be provided for by a variation under subsection (2), shall be a term of a Part 4 tenancy if the term is inconsistent with this or any other Part of this Act.
Section 31 Sections 28 and 30: special cases
(1)The reference in section 28(1) to a continuous period of occupation under a tenancy includes a reference to a continuous period of occupation under a series of 2 or more tenancies.
(2)Where the continuous occupation referred to in section 28(1) has been under a series of 2 or more tenancies— (a) in section 28(2), “the tenancy mentioned in subsection (1)” means the last of those tenancies, (b) in section 28(2)(a)(i), “the commencement of the tenancy” means the commencement of the first of those tenancies, and (c) in section 28(3), “the tenancy” means the last of those tenancies, and section 30 shall be construed accordingly.
Section 32 Further special case (sub-letting of Part 4 tenancy)
(1)Schedule 1 to this Act has effect for the purpose of affording protection in relation to a sub-tenancy created out of a Part 4 tenancy or a further Part 4 tenancy.
(2)The creation of a sub-tenancy in respect of part only of the dwelling, the subject of a Part 4 tenancy or a further Part 4 tenancy, is prohibited.
(3)Any such sub-tenancy purported to be created is void.
Chapter 3 – Termination of Part 4 tenancy
Section 33 Restriction on termination by landlord
A Part 4 tenancy may not be terminated by the landlord save in accordance with section 34.
Section 33A Additional requirements relating to termination by landlord 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.
Section 34 Grounds for termination by landlord
Subject to sections 35A and 35B, a Part 4 tenancy may be terminated by the landlord— (a) on one or more of the grounds specified in the Table to this section if— (i) a notice of termination giving the required period of notice is served by the landlord in respect of the tenancy, … (ii) the notice of termination cites as the reason for the termination the ground or grounds concerned and contains or is accompanied— (I) in the case of paragraph 2 of that Table, by the statement referred to in that paragraph, (II) in the case of paragraph 3 or 4 of that Table, by the statutory declaration referred to in that paragraph, and (III) in the case of paragraph 5 or 6 of that Table, by the statement and the statutory declaration referred to in that paragraph, and (iii) in the case of a notice of termination that cites as the reason for the termination the ground specified in paragraph 5, the notice of termination contains or is accompanied by a certificate in writing of a registered construction professional (within the meaning of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022) stating that— (I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed while the dwelling is occupied, and (II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks, (b) … TABLE Grounds for termination 1. The tenant has failed to comply with any of his or her obligations (other than the obligation to which paragraph (a) of section 16 applies) in relation to the tenancy (whether arising under this Act or otherwise) and, unless the failure provides an excepted basis for termination— (a) the tenant has been notified in writing of the failure by the landlord and that notification states that the landlord is entitled to terminate the tenancy if the failure is not remedied within a reasonable time specified in that notification, and (b) the tenant does not remedy the failure within that specified time. 1A. The tenant has failed to comply with paragraph (a) of section 16 in relation to the tenancy concerned and the condition specified in subsection (3) (inserted by paragraph (b) of section 12 of the Residential Tenancies and Valuation Act 2020) of section 67 has been satisfied. 2.
The dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household and the notice of termination is accompanied by a statement referred to in section 35. 3. The landlord intends, within 9 months after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling and the notice of termination is accompanied by a statutory declaration referred to in section 35. 4.
The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family and the notice of termination (the “notice”) contains or is accompanied by a statutory declaration— (a) specifying— (i) the intended occupant’s identity and (if not the landlord) his or her relationship to the landlord, and (ii) the expected duration of that occupation, … (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if … the following conditions are satisfied— (i) the dwelling is vacated by the person referred to in subparagraph (a) within the period of 12 months from 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, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 1A, 2, 3 or 6 of this Table, and (c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), specifying whether the termination date specified in the notice of termination falls before, on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, and that on the date that the notice of termination is served— (i) the landlord is not a company, and (ii) the landlord is a landlord under not more than 3 tenancies of dwellings. 5.
The landlord intends to substantially refurbish or renovate the dwelling or the property containing the dwelling in a way which requires the dwelling to be vacated for that purpose (and, where planning permission is required for the carrying out of that refurbishment or renovation, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statutory declaration referred to in section 35(10A) and a statement— (a) specifying the nature of the intended works, (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 (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if … the following conditions are satisfied— (i) the dwelling becomes available for reletting by reason of the completion of the works of refurbishment or renovation, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 1A, 2, 3 or 6 of this Table. 6.
The landlord intends to change the use of the dwelling or the property containing the dwelling to some other use (and, where planning permission is required for that change of use, that permission has been obtained) and the notice of termination (the “notice”) contains or is accompanied, in writing, by a statutory declaration referred to in section 35(10A) and a statement— (a) specifying the nature of the intended use, (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 (b) that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if … the following conditions are satisfied— (i) the dwelling becomes available for reletting within the period of 12 months from 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, and (ii) the tenancy to which the notice related had not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 1A, 2 or 3 of this Table.
Section 35 Table to section 34: interpretation and supplemental
(1)In this section the “Table” means the Table to section 34.
(2)In paragraph 1 of the Table “remedy the failure” means— (a) in the case of a failure that does not result in financial loss or damage to the landlord or his or her property, to desist from the conduct that constitutes the failure or, if the failure consists of an omission to comply with an obligation, comply with that obligation, and (b) in the case of a failure that does result in financial loss or damage to the landlord or his or her property— (i) to pay adequate compensation to the landlord … or repair the damage fully, and (ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
(3)In paragraph 1 of the Table the reference to a failure that provides an excepted basis for termination is a reference to a failure to comply with section 16(h) where the behaviour in question falls within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1).
(4)In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to— (a) subject to paragraph (b), any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015, or (b) where the notice of termination is served in respect of a relevant Part 4 tenancy (within the meaning of section 35B) and the termination date specified in the notice of termination falls before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, child, stepchild, foster child, parent, step parent, parent-in-law of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015.
(5)…
(6)If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned (the “accepter”)— (a) the resulting agreement is enforceable by the accepter (as well as by the offeror), and (b) occupation by the accepter under the tenancy created in favour of him or her on foot of that agreement shall, together with his or her occupation under the former tenancy, be regarded, for the purposes of this Act, as continuous occupation by the accepter under the one tenancy. (6A) If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is not accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned, there is no tenancy agreement and the former tenant is not entitled to occupy the dwelling.
(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) 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, … (aa) a declaration that the landlord, by virtue of the notice, is required to offer to the tenant a tenancy of the dwelling if the following conditions are satisfied: (i) … (ii) the landlord does not enter into an enforceable agreement of the type referred to in paragraph 3 of the Table within the period specified in that paragraph commencing— (I) on the expiration of the period of notice required to be given under subparagraph (i) of paragraph (a) of section 34, or (II) in circumstances where a dispute in relation to the validity of the notice is referred to the Board under Part 6 for resolution, on the final determination of that dispute; and (iii) the tenancy to which the notice relates has not otherwise been validly terminated by virtue of the citation in the notice of the ground specified in paragraph 1, 1A, 2 or 6 of the Table, (b) where section 35A(3)(a) applies, a declaration that section 35A(2) does not apply to the said notice of termination as the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and that the application of that subsection would, having regard to all the circumstances of that case be unduly onerous on, or would cause undue hardship on, that landlord, and (c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), a declaration that— (i) on the date that the notice of termination is served, the landlord— (I) is not a company, and (II) is a landlord under not more than 3 tenancies of dwellings, (ii) where section 35B(5) does not apply, that the circumstances specified in one or more of paragraphs (a) to (c) of section 35B(4) apply and that the application of section 35B(3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord, and (iii) where section 35B(5) applies, that the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.
(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. (10A) Where a notice of termination is served by the landlord in respect of a termination of a relevant Part 4 tenancy (within the meaning of section 35B) on the ground specified in paragraph 5 or 6 of the Table, the statutory declaration that is to accompany the notice shall specify that— (a) on the date that the notice of termination is served— (i) the landlord is not a company, and (ii) the landlord is a landlord under not more than 3 tenancies of dwellings, and (b) the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.
(11)…
(12)Upon receipt of a copy of a notice of termination under section 62(1A), for the purpose of facilitating the making of an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, the Board shall— (a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and (b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.
(13)Where a landlord is required to make an offer referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, but cannot contact the tenant concerned despite having made reasonable inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the Board seeking the contact details of the tenant.
(14)Where a landlord makes a request under subsection (13), the Board shall— (a) where the tenant concerned has provided his or her contact details and consent under subsection (12) or pursuant to a notice under paragraph (b), provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or (b) where the tenant concerned has not provided his or her contact details or consent under subsection (12), as soon as practicable on or after the date of the request, notify the tenant that— (i) a request under subsection (13) has been received, and (ii) unless the tenant provides his or her contact details and consent under subsection (12) to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.
(15)Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board under subsection (12) or (14), the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.
Section 35A Restriction on termination of certain tenancies by landlords
(1)In this section— "development" means a development consisting of land upon which there stands erected a building or buildings comprising a unit or units where, as respects such unit or units, it is intended that amenities, facilities and services are to be shared; "relevant period of time" means any period of 6 months within the period— (a) beginning with the offering for sale in the development concerned of the first dwelling the subject of a tenancy, and (b) ending with the offering for sale in that development of the last dwelling the subject of a tenancy.
(2)Except where subsection (3) or (4) applies, a Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the landlord intends to enter into an enforceable agreement— (a) in respect of dwellings situated within the development concerned, (b) for the transfer to another, for full consideration, of the whole of his or her interest in 10 or more of those dwellings, each being the subject of such a tenancy, and (c) to so transfer during a relevant period of time.
(3)(a) Subsection (2) does not apply where the landlord can show to the satisfaction of the Board— (i) that the price to be obtained by selling at market value the dwelling that is the subject of an existing tenancy to which Part 4 applies is more than 20 per cent below the market value that could be obtained for the dwelling with vacant possession, and (ii) that the application of that subsection would, having regard to all the circumstances of that case— (I) be unduly onerous on that landlord, or (II) would cause undue hardship on that landlord. (b) In paragraph (a)(i), the reference to the market value of the dwelling is a reference to the estimated amount that would be paid by a willing buyer to a willing seller in an arm’s-length transaction after proper marketing (where appropriate) where both parties act knowledgeably, prudently and without compulsion.
(4)Where, before the commencement of section 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016, a notice under section 34 of this Act has been served on a tenant specifying as one of the grounds for termination the ground in paragraph 3 of the Table to section 34, then that section shall continue to apply to that notice as if the said section 40 had not been enacted.
(5)Subject to subsection (4), this section applies to all tenancies, including a tenancy created before the coming into operation of this section.
Section 35B Further restriction on termination of certain tenancies by certain landlords
(1)In this section— "civil partner" has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; "relevant Part 4 tenancy" means a tenancy, referred to in paragraph (a) of section 29, that commences on or after 1 March 2026; "tenancy of minimum duration" means a continuous period of 6 years under a relevant Part 4 tenancy— (a) from the commencement of the relevant Part 4 tenancy, or (b) from each sixth anniversary of that commencement.
(2)A relevant Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3, 4, 5 or 6 of the Table to section 34 where the landlord is a company or a landlord under more than 3 tenancies of dwellings.
(3)Subject to subsections (4) and (5), a relevant Part 4 tenancy shall not be terminated by a landlord to whom subsection (2) does not apply— (a) on the ground specified in paragraph 3 of the Table to section 34, or (b) on the ground specified in paragraph 5 or 6 of the Table to section 34.
(4)Subsection (3)(a) does not apply where the landlord can show to the satisfaction of the Board that— (a) the landlord requires the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 to provide a principal private residence (within the meaning of section 473B of the Taxes Consolidation Act 1997) for the landlord or the spouse or civil partner of the landlord, (b) the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 is required to enable the landlord, or the spouse or civil partner of the landlord, to discharge a debt, or make a payment to the Revenue Commissioners, of at least 15 per cent of the expected consideration arising from that transfer, which debt or payment, as the case may be, is legally required to be discharged or paid within 9 months after the termination date specified in the notice of termination, or (c) the landlord or the spouse or civil partner of the landlord— (i) is a debtor who has appointed a personal insolvency practitioner under section 49 (3) of the Personal Insolvency Act 2012, (ii) is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor, or (iii) makes a composition or arrangement with creditors, and the application of subsection (3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord.
(5)A relevant Part 4 tenancy may be terminated by a landlord to whom subsection (2) does not apply on the grounds specified in paragraph 3, 5 or 6 of the Table to section 34 if, in addition to any other requirement under section 34 or 35, a notice of termination (giving the required period of notice) is served by the landlord before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy and that period of notice expires on or after the expiry of the tenancy of minimum duration.
Section 36 Termination by tenant
(1)A tenant may terminate a Part 4 tenancy by serving on the landlord in respect of the tenancy a notice of termination giving the required period of notice.
(2)This section is without prejudice to Chapter 6.
Section 37 Deemed termination by tenant
(1)Subject to subsection (3), a Part 4 tenancy shall be deemed to have been terminated by the tenant on his or her vacating the dwelling if— (a) before or on or about that vacating, he or she serves a notice of termination in respect of the tenancy that does not give the required period of notice, and (b) before or on that vacating the rent has fallen into arrears.
(2)Subject to subsection (3), a Part 4 tenancy shall also be deemed to have been terminated by the tenant upon any rent owed by him or her being in arrears for a period of 28 days or more if— (a) whether before or after the end of that period, the tenant has vacated the dwelling, and (b) no notice of termination has been served by the tenant in respect of the tenancy.
(3)Subsections (1) and (2) do not apply if the Part 4 tenancy has been sub-let or assigned.
(4)Nothing in the preceding subsections affects the liability of the tenant for rent for the period that would have elapsed had a notice of termination giving the required period of notice been served by him or her.
(5)This section is subject to Chapter 6.
Section 38 Effect of assignment of Part 4 tenancy
(1)If a Part 4 tenancy is assigned by the tenant with the consent of the landlord then if the assignment is— (a) to a person, other than a sub-tenant of the dwelling concerned, the assignment shall operate to convert the Part 4 tenancy of the dwelling into a periodic tenancy of the dwelling and the protection provided by section 28 for the assignor shall accordingly cease (but without prejudice to that section's fresh application in relation to the assignee should the circumstances mentioned in that section occur), (b) to a sub-tenant of the dwelling concerned, the protection provided by section 28 for the assignor shall cease (but without prejudice to the Part 4 tenancy's continued subsistence as provided for in subsection (2)).
(2)If the assignment is to a sub-tenant of the dwelling concerned, the Part 4 tenancy shall continue in being (but in favour of that person and not the assignor) for the period that it would have continued in being had the assignment not been made and subject to the provisions of this Chapter; accordingly— (a) the assignee shall become the tenant of the landlord under the Part 4 tenancy, (b) the terms of the Part 4 tenancy shall continue to be those under which the assignor held the tenancy immediately before the assignment unless the assignee and the landlord agree to a variation of them, and (c) the assignee's sub-tenancy of the dwelling shall merge with the Part 4 tenancy.
(3)Subsection (2)(c) does not affect the liabilities (if any) of the assignee to the assignor (or of the assignor to the assignee) that have arisen by virtue of the sub-tenancy concerned.
(4)The assignment of a Part 4 tenancy with respect to only part of the dwelling, the subject of the tenancy, is prohibited.
(5)Any such assignment purported to be made is void.
Section 39 Termination on tenant’s death
(1)Subject to subsections (2) , (4) and (6), a Part 4 tenancy shall terminate on the death of the tenant.
(2)Where the 2 conditions specified in subsection (3) are satisfied— (a) subsection (1) does not apply, and (b) the Part 4 tenancy concerned, accordingly, continues in being, subject to the other provisions of this Chapter, for the period for which it would otherwise have continued in being had the tenant concerned not died.
(3)Those conditions are— (a) the dwelling, at the time of the death of the tenant concerned, was occupied by— (i) a spouse or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 of the tenant, (ii) a person who was not a spouse of the tenant but who was the tenant’s cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and lived with the tenant in the dwelling for a period of at least 6 months ending on the date of the tenant’s death, (iii) a child, stepchild or foster child of the tenant, or a person adopted by the tenant under the Adoption Acts 1952 to 1998, being in each case aged 18 years or more, or (iv) a parent of the tenant, and (b) one or more than one of the foregoing persons elects in writing to become a tenant or tenants of the dwelling.
(4)This section is subject to Chapter 6; without limiting the generality of this subsection, subsections (2) and (3) are not to be read as derogating from the operation of Chapter 6 in circumstances where a person referred to in subsection (3) is a multiple tenant (within the meaning of that Chapter) of the dwelling concerned.
(5)Irrespective of the number of instances of the application to the same dwelling of subsection (2) (by reason of a series of deaths of tenants), the Part 4 tenancy concerned shall not continue in being any longer than it would otherwise have continued in being had the first of those deaths not occurred.
(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).
Section 39A Referral of notice of termination to adjudicator under Act of 2004
(1)…
(2)…
(3)Where the tenant refers a matter in connection with the notice of termination to the Board for resolution under section 76, the adjudicator appointed under section 97 to inquire into the dispute shall have regard to any advice referred to in subsection (3A) of section 67 (inserted by section 12 of the Residential Tenancies and Valuation Act 2020) when making a decision or determination under subsection (4) of section 97 in relation to the matter.
(4)The Tribunal shall, on the hearing of an appeal from a decision or determination of an adjudicator referred to in subsection (3), have regard to any advice referred to in subsection (3A) of section 67 when making a decision or determination under section 108.
Chapter 6 – Rules governing operation of Part in cases of multiple occupants
Section 48 Interpretation (Chapter 6)
(1)In this Chapter “multiple tenants” means, in relation to a dwelling, 2 or more persons who are tenants of the dwelling (whether as joint tenants, tenants-in-common or under any other form of co-ownership) and “multiple tenant” means any one of them.
(2)References in this Chapter to a Part 4 tenancy coming into existence and cognate references shall be construed as references to the circumstances in which the tenancy referred to in section 28 is continued in being by virtue of that section.
(3)References in subsequent provisions of this Chapter to a Part 4 tenancy include, unless the context does not admit of such construction, references to a further Part 4 tenancy.
Section 49 General principle in relation to dwellings occupied by more than one person
(1)Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both— (a) multiple tenants, (b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.
(2)In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if— (a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and (b) the condition specified in section 28(3) is satisfied.
Section 50 Entitlement of multiple occupant to benefit from Part 4 tenancy
(1)Subsection (2) applies unless the multiple tenant concerned benefits, by virtue of the preceding Chapters of this Part, from the protection of the Part 4 tenancy on its coming into existence.
(2)A multiple tenant who was in occupation of a dwelling immediately before the coming into existence of a Part 4 tenancy in respect of it shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that multiple tenant as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(3)Any person who the landlord accepts as a tenant of a dwelling on, or subsequent to, a Part 4 tenancy coming into existence in respect of it, shall, on his or her having been in occupation of the dwelling for a continuous period of 6 months (and that tenancy still subsists), benefit from the protection of that tenancy; accordingly, the rights, restrictions and obligations under this Part shall, on and from the expiry of that period of 6 months, apply in relation to that person as they apply in relation to the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence.
(4)The reference in subsection (3) to a landlord's accepting a person as a tenant is a reference to his or her accepting a person as a tenant— (a) whether as a replacement for any of the existing multiple tenants or as an additional tenant to them, and (b) whether or not the person was immediately before that acceptance a licensee in occupation of the dwelling.
(5)For the purpose of reckoning the continuous period of occupation referred to in subsections (2) and (3), any period of continuous occupation by the person concerned of the dwelling as a licensee (whether that period begins before, on or after the Part 4 tenancy came into existence) may be counted with any continuous period of occupation by that person of the dwelling as a tenant that follows on immediately from it.
(6)For the purpose of, amongst other things, ensuring that the distinction that exists between licences and tenancies does not operate to frustrate the objectives of this Part in cases to which this Chapter applies, subsections (7) and (8) are enacted.
(7)A person who is lawfully in occupation of the dwelling concerned as a licensee of the tenant or the multiple tenants, as the case may be, during the subsistence of a Part 4 tenancy may, subject to section 3B(d) and subsection (7A), request the landlord of the dwelling to allow him or her to become a tenant of the dwelling. (7A) Subsection (7) shall not apply where the person in lawful occupation of the dwelling concerned is a temporary protection beneficiary within the meaning of Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022.
(8)The landlord may not unreasonably refuse to accede to such a request; if the request is acceded to— (a) an acknowledgement in writing by the landlord that the requester has become a tenant of the landlord suffices for the purpose, (b) the requester shall hold the dwelling— (i) on the same terms, or as appropriately modified, as those on which the existing tenant or multiple tenants hold the dwelling (other than terms comprising the rights, restrictions and obligations which arise by virtue of a Part 4 tenancy being in existence in respect of the dwelling), (ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence holds the dwelling.
Section 51 Act of one of multiple tenants cannot prejudice the other's or others' rights
(1)Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely— (a) the termination of the Part 4 tenancy, or (b) rendering the Part 4 tenancy liable to be terminated by the landlord, shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person’s consent.
(2)For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if— (a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and (b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.
(3)Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in— (a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or (b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4), as the case may be.
(4)For the purposes of subsection (3), any provision of this Part which— (a) provides for the termination of a Part 4 tenancy, (b) renders such a tenancy liable to termination by the landlord, or (c) makes provision incidental to, or consequential on, the foregoing, shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—
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