Section 3A of the Residential Tenancies Act 2004 – Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4)
Residential Tenancies Act 2004 (RTA 2004) · PART 1 – Preliminary and General
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 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.
Provisions referred to
2
Provisions referring to this one
3
- Section 3Application of Act
- Section 16Obligations of tenants
- Section 197Amendment of Housing (Miscellaneous Provisions) Act 1997
Other provisions in this part
- Section 1Short title
- Section 2Commencement
- Section 3Application of Act
- 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