Official sourcesirishstatutebook.ie · EUR-Lex
Europaius

Section 134 of the Residential Tenancies Act 2004 – Obligation to apply to register tenancy

Residential Tenancies Act 2004 (RTA 2004) · PART 7 – Registration of Tenancies › Chapter 2 – Procedure for registration

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

(1)The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling—

(a) on the commencement of the tenancy, and

(b) annually during the tenancy.

(2)Subject to subsection (2A), an application under paragraph (a) of subsection (1) shall be made—

(a) in the case of a tenancy (other than a tenancy to which paragraph (aa) applies) that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

(aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and

(b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019)—

(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

(ii) in any other case — within whichever of the following periods expires the later—

(I) the period of 3 months from the commencement of this Part, or

(II) the period of 1 month from the commencement of the tenancy.

(2A) Where an application under paragraph (a) of subsection (1) is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4), an application under paragraph (a) of subsection (1) in respect of such tenancy shall be made—

(a) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

(b) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation—

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

(c) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy.

(2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

(2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019.

(3)An application under this section shall—

(a) be in the prescribed form,

(b) subject to subsections (3B) and (4) and (7), be accompanied by—

(i) subject to subparagraph (ii), the fee referred to in section 137(1), or

(ii) in the case of a tenancy referred to in subsection (2A), the fee specified in section 137A(1),

and

(c) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee.

(3B) A fee shall not be payable in respect of an application to register a further Part 4 tenancy in accordance with paragraph (b) of subsection (1) (inserted by paragraph (a) of subsection (1) of section 22 of the Residential Tenancies (Amendment) Act 2019 ) of section 134 if—

(a) an application to register the tenancy was made in accordance with Part 7 before the commencement of paragraph (a) of section 23 of the Residential Tenancies (Amendment) Act 2019, and

(b) the fee in respect of that application is paid not later than one month after such commencement.

(4)The foregoing requirements with respect to the application being accompanied by a fee do not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A) or subsection (2B) and one of the following conditions is satisfied.
(5)Those conditions are that, in the 12 months preceding the relevant application—

(a) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1), or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1), has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A), or subsection (2B),

(b) the applicant has paid—

(i) in respect of several applications falling within section 137(3), the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

(ii) in respect of several applications falling within section 137A(3), the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling,

(c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

(6)An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.

Official source: revisedacts.lawreform.ie · Version: · Full text · Contents

Provisions referred to

4

Provisions referring to this one

11

Other provisions in this part

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