Section 185 of the Residential Tenancies Act 2004 – Obligation to inform prospective sub-tenant of nature of tenancy

Residential Tenancies Act 2004 (RTA 2004) · PART 9 – Miscellaneous

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

(1)A tenant of a dwelling who proposes to create in favour of any person a sub-tenancy out of the tenancy shall, before he or she—

(a) creates the sub-tenancy, or

(b) if its creation is preceded by the entering into of an agreement to create (whether the word “create” or any other word is used) such a tenancy, enters into that agreement,

inform the person of the fact that it is a sub-tenancy that will be created in the person's favour.

(2)A person who fails to comply with subsection (1) is guilty of an offence.

(3)If, in respect of the entering into of an agreement referred to in paragraph (b) of subsection (1), a failure to comply with that subsection occurs, the agreement shall not be enforceable by the tenant referred to in that subsection.

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

Provisions referring to this one

Section 3Application of Act

Other provisions in this part

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