Residential Tenancies Act 2004 (RTA 2004)

230 provisions · Contents

Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.

PART 1 – Preliminary and General
Section 1Short title
Section 2Commencement
Section 3Application of Act
Section 3ARestrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
Section 3BApplication of Act to dwellings referred to in section 3(4): supplemental provisions
Section 3CNotification to Minister of designations
Section 4Interpretation generally
Section 5“relevant date”, “landlord”, “tenant”, “lease”, etc
Section 6Service of notices
Section 7Service or giving of notice on behalf of another
Section 8Regulations and orders
Section 9Offences
Section 10Repeal and revocation
Section 11Expenses
Chapter 1 – Provisions regarding landlord's obligations
Section 12Obligations of landlords
Section 13Section 12(1)(b): supplemental regulations
Section 14Prohibition on penalisation of tenants
Section 15Duty owed to certain third parties to enforce tenant's obligations
Chapter 2 – Provisions regarding tenant's obligations
Section 16Obligations of tenants
Section 17Section 16:interpretation and supplemental
Section 18No contracting out from terms of section 12 or 16 permitted, etc
PART 3 – Rent and Rent Reviews
Section 19Setting of rent above market rent prohibited
Section 19ASetting of rent under tenancy for dwellings referred to in section 3(4)
Section 19BRestrictions on amounts payable
Section 19CDuration of tenancy for dwellings referred to in section 3(1A)
Section 20Frequency with which rent reviews may occur
Section 20ARent review for dwellings referred to in section 3(4) of Principal Act
Section 20BApplication of section 20 (frequency with which rent reviews may occur)
Section 21Right to review of rent where none provided
Section 22Tenant to be notified of new rent
Section 22ANotification of change in amount of rent following review under section 20A
Section 23Proceedings for rent arrears
Section 24“Market rent”, references to rent reviews, etc
Chapter 1 – Preliminary
Section 25Non-application of Part
Section 26Greater security of tenure not affected
Chapter 2 – Statement of essential protection enjoyed by tenants
Section 27Periods of occupancy before relevant date to be disregarded
Section 28Statutory protection — “Part 4 tenancy” — after 6 months occupation
Section 29“Part 4 tenancy”— meaning of that expression
Section 30Terms of Part 4 tenancy
Section 31Sections 28 and 30: special cases
Section 32Further special case (sub-letting of Part 4 tenancy)
Chapter 3 – Termination of Part 4 tenancy
Section 33Restriction on termination by landlord
Section 33AAdditional requirements relating to termination by landlord
Section 34Grounds for termination by landlord
Section 35Table to section 34: interpretation and supplemental
Section 35ARestriction on termination of certain tenancies by landlords
Section 35BFurther restriction on termination of certain tenancies by certain landlords
Section 36Termination by tenant
Section 37Deemed termination by tenant
Section 38Effect of assignment of Part 4 tenancy
Section 39Termination on tenant’s death
Section 39AReferral of notice of termination to adjudicator under Act of 2004
Chapter 6 – Rules governing operation of Part in cases of multiple occupants
Section 48Interpretation (Chapter 6)
Section 49General principle in relation to dwellings occupied by more than one person
Section 50Entitlement of multiple occupant to benefit from Part 4 tenancy
Section 51Act of one of multiple tenants cannot prejudice the other's or others' rights
Section 52Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies
Section 53No separate Part 4 tenancy to arise in multiple tenant's favour
Chapter 7 – Miscellaneous
Section 54No contracting out from terms of Part permitted
Section 55Protection under this Part and long occupation equity
Section 56Damages for abuse of section 34 termination procedure
Chapter 1 – Scope of Part and interpretation provisions
Section 57Purpose of Part
Section 58Termination of tenancies restricted to means provided by this Part
Section 59Exclusion of existing rules and enactments
Section 60Greater notice periods not affected
Section 61Construction of certain references to periods of notice and duration of tenancies
Chapter 2 – What a valid notice of termination must contain
Section 62Requirements for a valid notice of termination
Section 63Date to be specified for purposes of section 62(1)(f)
Section 64Reference to and validity of date of service of notice of termination
Section 64ASlip or omission in notice of termination
Chapter 3 – Period of notice to be given
Section 64BDuration of tenancy for purposes of this Chapter
Section 65What this Chapter does
Section 66Period of notice where section 67 or 68 is inapplicable
Section 67Period of notice for termination by landlord where tenant in default
Section 68Period of notice for termination by tenant where landlord in default
Section 69Exception to requirements of sections 66 to 68
Chapter 4 – Additional requirements and procedures where tenancy sub-let
Section 70Notices of termination in cases of tenancies that are sub-let
Section 71Procedures on foot of service of notice mentioned in section 70 in non-contentious case
Section 72Procedures on foot of service of notice in cases not falling under section 71
Chapter 5 – Miscellaneous
Section 73Notice of termination by multiple tenants
Section 74Offence to do certain acts on foot of invalid termination
Chapter 1 – Referral of matters to Board for resolution
Section 75Interpretation (Part 6)
Section 76Right of referral by parties to tenancy and certain other persons
Section 77Right of referral in respect of breach of duty under section 15
Section 78Particular matters that may be referred (non-exhaustive list)
Section 79Different matters may be the subject of a single reference
Section 80Time limit for referring particular type of dispute
Section 81Tenancies and subtenancies: referral of disputes concerning their termination
Section 82Withdrawal of matter referred to Board
Section 83Board not to deal with reference if fee not paid or tenancy not registered
Section 84Further right of Board not to deal with certain references
Section 85Right of Tribunal or adjudicator not to deal with reference
Section 86Status of certain matters pending determination of dispute
Section 87Remedial action taken by party in certain cases to be disregarded
Section 88Extension of time for referring disputes to Board
Chapter 2 – Relationship between Part and certain other dispute resolution mechanisms
Section 89Dispute subject of discontinued court proceedings may be subject of reference
Section 90Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances
Section 91Dispute may not be referred to Board where alternative remedy is being pursued
Chapter 3 – Preliminary steps by Board (include power to refer matter to Tribunal)
Section 92Initial steps that may be taken by Board to resolve matters referred
Section 93Invitation to parties to resolve matter through mediation
Section 94Exceptions to section 93: direct reference of matter to Tribunal, etc
Chapter 4 – Mediation and adjudication
Section 95Mediation
Section 96Procedures to be followed by Board following report of mediator
Section 97Adjudication
Section 98“Cooling-off” period for purposes of section 97(4)(b)
Section 99Adjudicator's report
Section 100Appeal to Tribunal against adjudicator’s determination
Section 101Provisions common to mediators and adjudicators
Chapter 5 – Tenancy Tribunal
Section 102Tenancy Tribunals and the “Tribunal”
Section 103Membership of Tribunal, etc
Chapter 6 – Dispute resolution by Tribunal
Section 104Determination of disputes by Tribunal: procedures generally
Section 105Provisions in relation to evidence, summoning of witnesses, etc
Section 106Proceedings to be in public
Section 107Adjournments of hearing
Section 108Determination by Tribunal of dispute and notification to Board
Chapter 7 – Supplementary procedural matters
Section 109Power of Board to make procedural rules
Section 110Title to lands or property not to be drawn into question
Section 111Power to enter and inspect dwelling
Section 112Obligations of confidentiality
Section 113Offence of providing false information to Board
Section 114Certain proceedings and acts privileged
Section 114APublication of certain statistics by Board
Chapter 8 – Redress that may be granted under this Part
Section 115Redress that may be granted on foot of determination
Section 116Determination may require sub-tenancy to be quitted in certain cases
Section 117Redress of an interim nature may be granted
Section 118Discretion to refuse direction for possession
Section 119Certain directions to be given in the case of arrears of rent
Section 120Circumstances of landlord or tenant not to be taken account of in certain cases
Chapter 9 – Determination orders and enforcement generally
Section 121Determination orders
Section 122Provision to ensure consistency between determinations
Section 123Binding nature of determination orders
Section 124Enforcement of determination orders
Section 125Cancellation of determination order in cases of nonappearance
Chapter 1 – Private residential tenancies register
Section 127Establishment of register
Section 128Published register
Section 129Inspection of published register
Section 130Register and published register may be kept in electronic form
Section 131Publication of aggregated details derived from register
Section 132Furnishing of entries in registers, etc
Section 133Confirmation to parties to tenancy as to particulars specified in an application under section 134
Chapter 2 – Procedure for registration
Section 134Obligation to apply to register tenancy
Section 135Section 134: supplemental provisions
Section 136Particulars to be specified in application under section 134
Section 137Fee to accompany application under section 134
Section 137AFee to accompany application under section 134(2A)
Section 138Variation of fee in line with changes in value of money
Chapter 3 – Updating of register and enforcement of requirement to register
Section 139Updating of particulars entered in the register
Section 140Amendment of register by Board of its own volition
Section 141Deletion from register of a tenancy
Section 142Presumption in relation to date of commencement of tenancy
Section 143Offence for furnishing false or misleading information
Section 144Provision in aid of enforcement of registration requirements
Section 144AEnforcement of requirement to update particulars
Section 145Further provisions in aid of enforcement of registration requirements
Chapter 4 – Data exchange — private residential tenancies
Section 146Data exchange — private residential tenancies
Section 147Exchange of public service data
Section 147ADisclosure of certain information to Revenue Commissioners
Section 147BDisclosure of information by Revenue Commissioners to Board
Section 148Provision of details of tenancy to Revenue Commissioners
Part 7A – Complaints, Investigations and Sanctions
Section 148RInterpretation (Part 7A)
Section 148SPowers of authorised officer
Section 148TComplaint
Section 148UBoard to appoint authorised officer and decision maker
Section 148VNotice of investigation
Section 148WAcknowledg-ment of contravention
Section 148XInvestigation report and decision
Section 148YReceipt of decision by Board
Section 148ZDecision and requirement of confirmation
Section 148AAAppeal to Circuit Court against decision to impose sanction
Section 148ABApplication to Circuit Court to confirm decision to impose sanction
Section 148ACProvisions supplementary to sections 148AA and 148AB
Section 148ADMatters to be considered in determining nature of sanction
Section 148AEPublication of sanctions
Section 148AFProcedural rules
Section 148AGRelationship between investigation and criminal proceedings
Chapter 1 – Establishment and principal functions of Board
Section 149Establishment day
Section 150Establishment of Board
Section 151Functions of Board
Section 152Model lease
Chapter 2 – Composition of Board
Section 153Membership of Board
Section 154Supplemental provisions as to membership of Board
Section 155Chairperson of Board
Chapter 3 – Meetings and committees
Section 156Meetings of Board
Section 157Committees of Board
Section 158Supplemental provisions as to committees of Board
Section 159Dispute Resolution Committee
Chapter 4 – Management of Board
Section 160Director of Board
Section 161Supplemental provisions in relation to Director
Chapter 5 – Staff of Board and superannuation matters
Section 162Staff of Board
Section 163Superannuation
Chapter 6 – Appointment or engagement of certain persons
Section 164Mediators and adjudicators
Section 164AAuthorised officers and decision makers
Section 165Removal of an adjudicator from the panel
Section 166Consultants and advisers
Section 167Provision of services to Board
Chapter 7 – Supplemental provisions with regard to Board's administration and management
Section 168Indemnification of certain persons
Section 169Membership of either House of the Oireachtas, etc
Section 170Disclosure of interests
Section 171Section 170: supplemental provisions
Section 172Disclosure of information
Section 173Seal of Board
Chapter 8 – Financial and accountability provisions
Section 174Grants to Board
Section 175Borrowings by Board
Section 176Fees
Section 177Accounts
Section 178Further provisions with respect to accounts (including their audit)
Section 179Accountability of Director to Oireachtas Committees
Section 180Reports and information to Minister
Section 181Reports to Board
PART 9 – Miscellaneous
Section 182Limitation on certain disputes being the subject of court proceedings
Section 183Guidelines to Board
Section 184Voidance of provisions designed to facilitate terminations
Section 185Obligation to inform prospective sub-tenant of nature of tenancy
Section 186Tenant may terminate where consent to assignment or sub-letting withheld
Section 187Duty of management companies in relation to certain complaints
Section 188Provision of information in relation to service charges by management companies
Section 189Jurisdiction in aid of Part 6 resolution procedure
Section 190Section 189: supplemental provisions
Section 191Long occupation equity (ability to renounce entitlement to it)
Section 192Long occupation equity (prospective abolition of entitlement to it)
Section 193Non-application of certain enactments
Section 194Deemed termination of tenancy to which Part 4 does not apply
Section 195Proposed overholding under a fixed term tenancy
Section 196Equal Status Act 2000 not prejudiced
Section 197Amendment of Housing (Miscellaneous Provisions) Act 1997
Section 198Amendment of Housing Act 1966
Section 199Amendment of sections 58 and 60 of Landlord and Tenant (Amendment) Act 1980
Section 200Amendment of sections 3 and 20 of Housing (Miscellaneous Provisions) Act 1992
Section 201Amendment of section 34 of Housing (Miscellaneous Provisions) Act 1992
Section 202Regulations to remove difficulties

Full text · Official source: revisedacts.lawreform.ie · Version: 2026-03-01

Text according to the official source. Only the official publication is legally binding.