Section 4 of the Residential Tenancies Act 2004 – Interpretation generally
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.
“adjudicator” shall be construed in accordance with section 164(2);
"approved housing body" means a body—
(a) approved under section 6(6) of the Housing (Miscellaneous Provisions) Act 1992 for the purposes of section 6 of that Act, and
(b) to which—
(i) assistance under section 6 of the Housing (Miscellaneous Provisions) Act 1992 is given for the provision by the approved housing body of dwellings …, or
(ii) assistance referred to in section 6(2)(ea) of that Act is given;
“authorised agent” shall be construed in accordance with section 12(1)(e);
"BER" has the same meaning as it has in the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012);
"Board" shall be construed in accordance with section 150(1) and section 13 of the Residential Tenancies (Amendment) Act 2015;
“child” includes a person who is no longer a minor and cognate words shall be construed accordingly;
“company” means a company within the meaning of the Companies Acts 1963 to 2003;
“contract of tenancy” does not include an agreement to create a tenancy;
“Director” shall be construed in accordance with section 160(1);
“Dispute Resolution Committee” shall be construed in accordance with section 157(2);
“dwelling” means, subject to subsection (2), a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not);
“establishment day” means the day appointed under section 149;
"floor area" means—
(a) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, the floor area recorded in respect of the dwelling on the BER register on the basis of a BER assessment in accordance with those Regulations, and
(b) in any other case, the floor area within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997);
“functions” includes powers and duties and references to the performance of functions include, as respects power and duties, references to the exercise of the powers and the carrying out of the duties;
“further Part 4 tenancy” shall be construed in accordance with section 41(2) or 45(2), as appropriate;
"housing authority" has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992;
“local authority” means a local authority for the purposes of the Local Government Act 2001;
“management company”, in relation to an apartment complex, means the company in which functions are vested with respect to the management of the apartment complex;
“mediator” shall be construed in accordance with section 164(1);
“Minister” means the Minister for the Environment, Heritage and Local Government;
“Part 4 tenancy” shall be construed in accordance with section 29;
"personal public service number" means a number allocated and issued in accordance with section 262 of the Social Welfare Consolidation Act 2005;
“personal representative” has the same meaning as it has in the Succession Act 1965;
“planning permission” means a permission under section 34 of the Planning and Development Act 2000;
"postcode" means postcode within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011;
“prescribed” means prescribed by regulations made by the Minister under this Act;
“public authority” means—
(a) a Minister of the Government or a body under the aegis of a Minister of the Government,
(b) the Commissioners of Public Works in Ireland,
(c) a local authority,
(ca) a housing authority,
(d) the Health Service Executive established under section 6 of the Health Act 2004,
(e) …
(f) a voluntary body standing approved of by the Minister for Health and Children or by the Health Service Executive of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,
(g) …
(h) …
"registered number", in relation to a company, means the number assigned to the company in the register kept by the Registrar of Companies under section 887 (2) of the Companies Act 2014;
“remuneration” includes fees, allowances for expenses, benefits-inkind and superannuation;
“required period of notice”, in relation to a notice of termination, means the period of notice required by Part 4 or 5 or, if greater, by the lease or tenancy agreement concerned;
“self-contained residential unit” includes the form of accommodation commonly known as “bedsit” accommodation;
“shared ownership lease” has the meaning assigned to it by section 2 of the Housing (Miscellaneous Provision) Act 1992;
“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;
"tax reference number" means the reference number stated on any return of income, form or notice of assessment issued to the company or other body corporate concerned by the Revenue Commissioners;
“tenancy agreement” includes an oral tenancy agreement;
"tenancy of minimum duration" has the meaning assigned to it by section 35B(1);
“Tribunal” shall be construed in accordance with section 102(2).
(a) the second of the references in section 12(1)(h),
(b) the first and last of the references in paragraph (c)(ii) and paragraph (c)(iii) of the definition of “behave in a way that is anti-social” in section 17(1),
(c) the reference in subsection (2)(a) of section 25 to whichever of the dwellings mentioned in that subsection is not the subject of the tenancy mentioned in subsection (1) of that section,
(d) the references in subsection (2)(b) and (c) of section 25, and
(e) the second of the references in sections 136(h), 187(1) and 188(1).
(a) a reference to a section or Part is a reference to a section or Part of this Act unless it is indicated that reference to some other enactment is intended,
(b) a reference to a Chapter is a reference to the Chapter of the Part in which the reference occurs, unless it is indicated that reference to some other provision is intended,
(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and
(d) a reference to any other enactment is a reference to that enactment as amended or extended by or under any subsequent enactment.
Provisions referred to
- Section 6Service of notices
- Section 12Obligations of landlords
- Section 17Section 16:interpretation and supplemental
- Section 25Non-application of Part
- Section 29“Part 4 tenancy”— meaning of that expression
- Section 35BFurther restriction on termination of certain tenancies by certain landlords
- Section 102Tenancy Tribunals and the “Tribunal”
- Section 136Particulars to be specified in application under section 134
- Section 149Establishment day
- Section 157Committees of Board
- Section 160Director of Board
- Section 164Mediators and adjudicators
- Section 187Duty of management companies in relation to certain complaints
- Section 188Provision of information in relation to service charges by management companies
Provisions referring to this one
Other provisions in this part
- Section 1Short title
- Section 2Commencement
- Section 3Application of Act
- Section 3ARestrictions on sub-letting and assignment of tenancy for dwellings referred to in…
- Section 3BApplication of Act to dwellings referred to in section 3(4): supplemental provisions
- Section 3CNotification to Minister of designations
- 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