Section 22 of the Residential Tenancies Act 2004 – Tenant to be notified of new rent

(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) …

(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.