Section 49 of the Residential Tenancies Act 2004 – General principle in relation to dwellings occupied by more than one person
Residential Tenancies Act 2004 (RTA 2004) · PART 4 – Security of Tenure › Chapter 6 – Rules governing operation of Part in cases of multiple occupants
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(1)Subject to this Chapter, the provisions of this Part apply regardless of the fact that the dwelling concerned is occupied at the particular time by either or both—
(a) multiple tenants,
(b) one or more persons who are also lawfully in occupation of the dwelling as licensees of the tenant or the multiple tenants, as the case may be.
(2)In particular, the fact that the continuous period of occupation, as respects a particular dwelling, by one or more of the multiple tenants is less than 6 months at a particular time does not prevent a Part 4 tenancy coming into existence at that time in respect of the dwelling if—
(a) another of the multiple tenants has been in continuous occupation of the dwelling for 6 months, and
(b) the condition specified in section 28(3) is satisfied.
Provisions referred to
1
Other provisions in this part
- Section 48Interpretation (Chapter 6)
- Section 50Entitlement of multiple occupant to benefit from Part 4 tenancy
- Section 51Act of one of multiple tenants cannot prejudice the other's or others' rights
- Section 52Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies
- Section 53No separate Part 4 tenancy to arise in multiple tenant's favour