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1 Click here for Explanatory Memorandum AN BILLE UM THIONÓNTACHTAÍ CÓNAITHE (LEASÚ) (UIMH. 2), 2012 RESIDENTIAL TENANCIES (AMENDMENT) (NO. 2) BILL 2012 Mar a tionscnaíodh As initiated ARRANGEMENT OF SECTIONS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement. 2. Interpretation. PART 2 Application of Principal Act to certain dwellings let by approved housing bodies to certain tenants 3. section 3 of 4. Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of 5. section 4 of 6. section 39 of 7. section 50 of 8. Change of name of Board. 9. Change of name of register. 10. section 20 of Act of PART 3 Amendments of Principal Act 11. section 33 of 12. Table to section 34 of [No. 69 of 2012]

2 13. section 70 of 14. section 84 of 15. section 86 of 16. section 93 of 17. section 95 of 18. Procedures to be followed by Board following report of mediator. 19. section 98 of 20. section 103 of 21. section 104 of 22. section 109 of 23. section 115 of 24. section 119 of 25. section 121 of 26. section 123 of 27. section 136 of 28. section 153 of 29. section 156 of 30. section 157 of 31. section 159 of PART 4 Transfer of functions of Tribunal established under Act of 1983 to Board 32. Interpretation. 33. Dissolution of Tribunal. 34. Transfer of functions of Tribunal to Board. 35. section 151 of 36. Transfer of land and other property. 37. Transfers of rights, liabilities, etc., of Tribunal. 38. Liability for loss. 39. Provisions consequent on transfer of functions etc. 40. Final accounts and final report. 41. Expenses incurred by the Minister. 2

3 42. Repeal of certain provisions of Act of PART 5 Miscellaneous 43. section 84 of the Act of

4 Acts Referred to Health Act , No. 42 Housing (Miscellaneous Provisions) Act , No. 18 Housing (Miscellaneous Provisions) Act , No. 22 Housing (Private Rented Dwellings) (Amendment) Act , No. 22 Housing Acts 1966 to 2009 Residential Tenancies Act , No. 27 Residential Tenancies Acts 2004 to

5 AN BILLE UM THIONÓNTACHTAÍ CÓNAITHE (LEASÚ) (UIMH. 2), 2012 RESIDENTIAL TENANCIES (AMENDMENT) (NO. 2) BILL BILL entitled AN ACT TO AMEND AND EXTEND THE RESIDENTIAL TENANCIES ACTS 2004 AND 2009; TO AMEND THE HOUSING (MISCELLANEOUS PROVISIONS) ACT 2009; TO PROVIDE FOR THE APPLICATION OF THE RESI- DENTIAL TENANCIES ACT 2004 TO CERTAIN DWELL- INGS THAT ARE THE SUBJECT OF A TENANCY; TO PROVIDE FOR THE RESTRICTION, IN RESPECT OF THE TENANTS OF SUCH DWELLINGS, OF CERTAIN ENTITLEMENTS OF TENANTS UNDER THE RESIDEN- TIAL TENANCIES ACT 2004; TO RE-NAME THE PRIVATE RESIDENTIAL TENANCIES BOARD AND THE PRIVATE RESIDENTIAL TENANCIES REGISTER; TO PROVIDE FOR THE DISSOLUTION OF THE RENT TRIBUNAL ESTABLISHED UNDER THE HOUSING (PRIVATE RENTED DWELLINGS) (AMENDMENT) ACT 1983 AND FOR THE TRANSFER OF ITS FUNCTIONS TO THE RESIDENTIAL TENANCIES BOARD; TO REPEAL CERTAIN PROVISIONS OF THE HOUSING (PRIVATE RENTED DWELLINGS) (AMENDMENT) ACT 1983; AND TO PROVIDE FOR RELATED MATTERS. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART 1 Preliminary and General (1) This Act may be cited as the Residential Tenancies (Amendment) Act (2) The Residential Tenancies Acts 2004 and 2009 and this Act, other than subsection (3) and sections 10 and 43, may be cited together as the Residential Tenancies Acts 2004 to 2012 and shall be construed together as one. Short title, collective citation, construction and commencement. 5

6 (3) The Housing Acts 1966 to 2009, sections 10 and 43 and this subsection may be cited together as the Housing Acts 1966 to 2012 and shall be construed together as one. (4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with 5 reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions. Interpretation. 2. (1) In this Act Act of 2009 means the Housing (Miscellaneous Provisions) Act 2009; 10 Board has the meaning assigned to it by section 4 of the Principal Act; Minister means the Minister for the Environment, Community and Local Government; Principal Act means the Residential Tenancies Act PART 2 Application of Principal Act to certain dwellings let by approved housing bodies to certain tenants section 3 of 3. (1) Section 3(2) of the Principal Act is amended by substituting the following paragraph for paragraph (c): 20 (c) a dwelling that is let by or to (i) a public authority, or (ii) an approved housing body and the dwelling is occupied by a household within the meaning of section 20 of the Act of (I) that has been assessed under that section as being qualified for social housing support under section 20 of the Act of 2009, and (II) care support services are provided to a member of that household by that 30 approved housing body, another approved housing body, a public authority or other person, and for the purposes of this subparagraph care support services means medical care, personal care 35 services the primary purpose of which is the provision of assistance to address a physical or mental requirement of such member or a service, the provision of which is assisted by the Health Service Executive under section 39 of the Health Act 2004,. 40 (2) Section 3 of the Principal Act is amended by inserting the following subsection after subsection (2): 6

7 (2A) Where a public authority lets a dwelling to an approved housing body and that approved housing body sublets that dwelling 5 (a) this Act does not apply to a tenancy between the public authority and the approved housing body, and (b) for the avoidance of doubt, this Act does apply to the sub-tenancy including any such sub-tenancy created before the commencement of this subsection.. 10 (3) Section 3 of the Principal Act is amended by inserting the following subsections after subsection (3): (4) Without prejudice to subsection (1), for the purposes of the application of this Act to a dwelling (a) referred to in subsection (2A)(b) and 15 (i) the dwelling is let by the approved housing body concerned to a household within the meaning of section 20 of the Act of 2009, (ii) that household has been assessed under that section as being qualified for social housing support, and (iii) no member of that household is in receipt of care support services referred to in section 3(2)(c), and (b) that is the subject of a tenancy (including a tenancy created before the commencement of this subsection) and (i) the dwelling is let by an approved housing body to a household within the meaning of section 20 of the Act of 2009, 30 (ii) that household has been assessed under that section as being qualified for social housing support, and (iii) no member of that household is in receipt of care support services referred to in section 3(2)(c), subsections (5) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012) and (6) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), sections 3A (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012) and 3B (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012) shall apply to such dwelling. (5) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012) (a) the approved housing body concerned shall be deemed to be a landlord of such dwelling, and (b) references in this Act (or regulations made under it) to a landlord, in so far as the references concern a 7

8 dwelling, referred to in subsection (4)(a), shall be construed accordingly. (6) For the purposes of the application of this Act (and regulations made under it) to a dwelling referred to in subsection (4)(a) (inserted by section 3 of the Residential Tenancies 5 (Amendment) Act 2012) (a) where the household comprises one person, that person shall be deemed to be a tenant of such dwelling, (b) where the household comprises 2 or more persons, whichever of those persons who has been granted 10 occupation of the dwelling pursuant to the tenancy agreement shall be deemed to be the tenants of such dwelling, and (c) references in this Act to a tenant and multiple tenants, in so far as the references concern a dwelling, 15 referred to in subsection (4)(a), the subject of a tenancy, shall be construed accordingly.. Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of 4. (1) The Principal Act is amended by inserting the following new sections after section 3: Restrictions on sub-letting and assignment of tenancy for dwellings referred to in section 3(4). 3A. (1) A tenant of a dwelling the subject of 20 a tenancy that is referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012) shall not assign or sub-let the tenancy. (2) Any sub-tenancy of a dwelling referred to 25 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 30 dwelling the subject of a tenancy referred to in section 3(4). Application of Act to dwellings referred to in section 3(4): supplemental provisions. 3B. For the purposes of the application of this Act to a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Resi- 35 dential Tenancies (Amendment) Act 2012) (a) a reference in Part 4 to a continuous period of 6 months, means a continuous period of 6 months that commences on or after the commencement 40 of section 3(4), (b) a reference in this Act to relevant date shall be construed as meaning the date on which section 3(4) of the Act is commenced, 45 (c) the ground specified in paragraph 4 of the Table to section 34 shall not apply 8

9 in respect of the termination of a tenancy in respect of a dwelling the subject of a tenancy referred to in section 3(4), and (d) section 50(7) shall not apply to a licensee of a tenant, or multiple tenants, referred to in section 50(7) of such a dwelling.. (2) Section 5 of the Principal Act is amended in the definition of relevant date by inserting or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), shall be construed in accordance with section 3B(1)(b) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012). (3) Section 16(k) of the Principal Act is amended by substituting subject to section 3A(4) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012), not assign or sub-let for not assign or sub-let. (4) Section 27 of the Principal Act is amended by inserting or, in the case of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), shall be construed in accordance with section 3B(1)(a) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012). (5) The Table to section 34 of the Principal Act is amended by inserting the following paragraph after paragraph 4: 4A. In the case of a dwelling referred to in section 3(4)(a) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), the dwelling or the property containing that dwelling is to be returned to the public authority, referred to in section 3(2A) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), concerned because the period for which that dwelling or property was let to the approved housing body concerned will, in accordance with the tenancy, between the approved housing body and the public authority, expire within 6 months of the service of the notice of termination under this section and that tenancy between the public authority and the approved housing body is not being renewed.. (6) Section 35 of the Principal Act is amended by inserting the following subsection after subsection (6): (7) Paragraph 4 is subject to section 3B(1)(c) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012).. 5. Section 4(1) of the Principal Act is amended (a) by inserting the following definitions: section 4 of approved housing body means a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992; housing authority has the meaning assigned to it by section 23 of the Housing (Miscellaneous Provisions) Act 1992:, 9

10 (b) in the definition of public authority, by inserting the following paragraph after paragraph (c): (ca) a housing authority,. section 39 of 6. Section 39 of the Principal Act is amended (a) in subsection (1) by substituting, 4 and 6 for and 4, 5 and (b) by inserting the following subsection after subsection (5): (6) In respect of a dwelling the subject of a tenancy referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), a person 10 to whom subsection (3)(a) applies shall not elect, under subsection (3)(b), to become a tenant, or tenants, of such dwelling unless (a) in the case of a dwelling referred to in section 3(4)(a), he or she is a member of a household 15 referred to in section 3(4)(a), or (b) in the case of a dwelling referred to in section 3(4)(b), he or she is a member of a household referred to in section 3(4)(b).. section 50 of 7. Section 50 of the Principal Act is amended in subsection (7) 20 by substituting may, subject to section 3B(1)(d) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2012), request for may request. Change of name of Board. 8. (1) The board established under section 150 of the Principal Act shall, on and from the commencement of this section, be re- 25 named An Bord um Thionóntachtaí Cónaithe or, in the English language, the Residential Tenancies Board. (2) Section 4 of the Principal Act is amended in subsection (1) by substituting the following for the definition of Board : Board shall be construed in accordance with section 150(1) 30 and section 8 of the Residential Tenancies (Amendment) Act 2012;. (3) In any enactment or any instrument under an enactment, references to the Private Residential Tenancies Board shall be construed as references to the Residential Tenancies Board. 35 (4) The Principal Act is amended (a) in section 131 (i) in subsection (1), by deleting private, and (ii) in subsection (2), by substituting rented sector for private rented sector, 40 (b) in section 151(1) (i) in paragraph (c), by deleting private, 10

11 (ii) in paragraph (d), by deleting private, (iii) in paragraph (e), by deleting private, and (iv) in paragraph (f), by deleting private in each place where it occurs, 5 (c) in section 151(2), by deleting private, (d) in section 151 by substituting the following subsection for subsection (4): (4) In this section rented sector means (a) the sector of commercial activity in the State consisting of the letting of dwellings, and (b) the letting, by approved housing bodies, of dwellings, referred to in section 3(4) (inserted by section 3 of the Residential Tenancies (Amendment) Act 2012), to households referred to in that subsection., and (e) in section 181 (i) in subsection (1), by deleting private, and (ii) by substituting rented sector for private rented sector (1) The register established and maintained under section 127(1) of the Principal Act shall, on and from the commencement of this section, be re-named the residential tenancies register. (2) In any enactment or any instrument under an enactment references to the private residential tenancies register shall be construed as references to the residential tenancies register. Change of name of register. 10. Section 20 of the Act of 2009 is amended by substituting the following subsection for subsection (1): (1) For the purposes of this section household means section 20 of Act of (a) a person who lives alone, 30 (b) 2 or more persons who live together, or (c) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.. PART 3 35 Amendments of Principal Act 11. Section 33 of the Principal Act is amended by inserting and Part 5 after in accordance with section 34. section 33 of 11

12 Table to section 34 of 12. The Table to section 34 of the Principal Act is amended (a) in paragraph 1 by inserting, other than the obligation referred to in paragraph 1A (inserted by section 12 of the Residential Tenancies (Amendment) Act 2012), after has failed to comply with any of his or her obligations, 5 (b) in paragraph 1(a) by inserting in writing after notified, (c) by inserting the following paragraph after paragraph 1: 1A. The tenant has failed to comply with his or her obligation under section 16(a) and (a) the landlord has, under section 67(3), notified 10 the tenant in writing that an amount of rent due has not been paid, (b) 14 days have elapsed from the receipt of the notification under section 67(3), and (c) the tenant has not paid the amount of rent 15 due., (d) in paragraph 5(b)(i) by inserting within the period of 12 months from the expiry of the period of notice required to be given by the notice, or if a dispute in relation to the validity of the notice was referred to the Board under 20 Part 6 for resolution, the final determination of the dispute after available for re-letting. section 70 of section 84 of 13. Section 70 of the Principal Act is amended in subsection (3) by inserting by the landlord after (the sub-tenant). 14. Section 84(1) of the Principal Act is amended in paragraph 25 (d) by inserting, frivolous after trivial. section 86 of 15. Section 86(1) of the Principal Act is amended (a) by inserting in respect of a tenancy that is not terminated after a dispute, and (b) by substituting the following paragraph for paragraph (a): 30 (a) the rent payable under the tenancy concerned and the rent payable under any sub-tenancy arising out of it shall continue to be payable to the landlord by (i) the tenant or, as the case may be, each of 35 the multiple tenants, or (ii) where the dwelling concerned is the subject of a sub-tenancy, by the sub-tenant or, as the case may be, each sub-tenant,. section 93 of 16. (1) Section 93 of the Principal Act is amended by inserting 40 the following subsection after subsection (2): 12

13 (2A) No fee shall be payable by either party in respect of the arrangement by the Board, in accordance with subsection (2), for the matter to be the subject of mediation.. 5 (2) Subsection (1) shall apply to mediations arranged, in accordance with section 93(2) of the Principal Act, on or after the commencement of this section. 17. (1) Section 95(4) of the Principal Act is amended in paragraph (c) by substituting persons who participated in for persons who attended. section 95 of 10 (2) Section 95(5) of the Principal Act is amended by substituting Board for Director. (3) Section 95 of the Principal Act is amended by inserting the following subsections after subsection (5): (5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it. (5B) In this section and section 96, the date of the completion of the mediation means (a) the date that the document referred to in subsection (3)(b) is signed by each of the parties, or 25 (b) where the document is signed by the parties on different dates, the later of those dates.. (4) Section 95 of the Principal Act is amended by deleting subsection (6) (1) The Principal Act is amended by substituting the following section for section 96: Procedures to be followed by Board following report of mediator. 96. (1) Where (a) the report furnished to the Board under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute, (b) a period of 10 days has elapsed from the date of the completion of the mediation, and (c) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board, Procedures to be followed by Board following report of mediator. the Board shall prepare a determination order under section 121 in respect of the dispute. 13

14 (2) Where (a) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and (b) the report furnished to the Board under 5 section 95(5) states that (i) there is no agreement between the parties that has resolved the dispute, (ii) the dispute is not resolved notwith- 10 standing that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or (iii) there is an agreement between the 15 parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification 20 to the mediator and the Board under section 95(5A), the Board shall refer the dispute to the Tribunal.. (2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the com- 25 mencement of this section. section 98 of section 103 of 19. Section 98(1) of the Principal Act is amended in paragraph (a) by substituting 10 days for 21 days. 20. Section 103 of the Principal Act is amended (a) in subsection (4) by deleting subject to subsection (5),, 30 and (b) by deleting subsection (5). section 104 of 21. Section 104 of the Principal Act is amended (a) in subsection (1)(b) by substituting section 96(2) for section 96(6), and 35 (b) in subsection (5)(b) (i) in subparagraph (i), by substituting a specification, for a specification, or, (ii) in subparagraph (ii), by substituting that dwelling, or for that dwelling., and 40 (iii) by inserting the following subparagraph after subparagraph (ii): 14

15 (iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship (1) Section 109(2) is amended (a) in paragraph (c) by inserting other than the procedure referred to in section 93(1) and 93(2) after in relation to it, section 109 of (b) by deleting paragraph (d)(iii), and 10 (c) in paragraph (d)(v) by substituting section 96(2) for section 96(6). (2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(3) of the Principal Act on or after the commencement of this section Section 115 of the Principal Act is amended by inserting the following subsection after subsection (3): (4) Without prejudice to the generality of subsection (3), an amount that is to be awarded in accordance with a direction relating to a failure to comply with section 16(f) or 16(g) shall be included in the amount referred to in subsection (3)(a) or, as the case may be, subsection (3)(c)(i).. section 115 of 24. Section 119(1) of the Principal Act is amended by deleting paragraph (iii). section 119 of Section 121 of the Principal Act is amended (a) in subsection (1), by substituting the following paragraph for paragraph (a): section 121 of (a) an agreement referred to in section 96(1),, (b) in subsection (4) by substituting the following paragraph for paragraph (a): 30 (a) in the case of such an agreement, the report furnished to it under section 95(4),, and (c) by deleting subsection (7) Section 123(1) of the Principal Act is amended by substituting an agreement referred to in section 96(1) for an agreement mentioned in a mediator s report under section 95(4). section 123 of 27. Section 136 of the Principal Act is amended (a) by deleting paragraph (e), and section 136 of (b) by deleting subparagraphs (i) and (ii) of paragraph (i). 15

16 section 153 of section 156 of section 157 of 28. Section 153(1) of the Principal Act is amended by substituting not more than 12 for not more than Section 156(3) of the Principal Act is amended by substituting shall be 4 for shall be Section 157 of the Principal Act is amended 5 (a) in subsection (1), by inserting, subject to subsections (2A) and (2B) (inserted by section 30 of the Residential Tenancies (Amendment) Act 2012), after establish committees consisting, and (b) by inserting the following subsections after subsection (2): 10 (2A) Subject to subsection (2B), a member of the Board shall not be eligible for appointment to the Dispute Resolution Committee. (2B) Notwithstanding subsection (2A), the member of the Board who is appointed under section 155 as chair- 15 person of the Board, shall be the chairperson, and member, of the Dispute Resolution Committee for the period for which he or she is appointed as chairperson of the Board.. Amendment to section 159 of 31. (1) Section 159 of the Principal Act is amended 20 (a) by substituting the following subsection for subsection (2): (2) The Dispute Resolution Committee shall consist of not more than 45 members which shall include the chairperson of the Dispute Resolution Committee., (b) in subsection (3) by deleting unless the unexpired period 25 of his or her term of office as a member of the Board is 3 or more years at the date of his or her appointment as a member of the Committee, and (c) by inserting the following subsection after subsection (3): (3A) When the member of the Board ceases to be the 30 chairperson of the Board he or she shall also cease to be chairperson of the Dispute Resolution Committee.. (2) Where on the commencement of subsection (1) a member of the Board is also a member of the Dispute Resolution Committee and of a Tribunal that has commenced but not determined a dispute, 35 that member of the Board shall remain as a member of the Dispute Resolution Committee and of that Tribunal until that Tribunal determines that dispute. PART 4 Transfer of functions of Tribunal established under Act of to Board Interpretation. 32. In this Part 16

17 Act of 1983 means the Housing (Private Rented Dwellings) (Amendment) Act 1983; Tribunal has the meaning assigned to it by the Act of The Tribunal shall be dissolved on the commencement of this Part. Dissolution of Tribunal. 34. (1) The functions of the Tribunal that, immediately before the commencement of this Part, were vested in the Tribunal by or under the Act of 1983 shall, on the commencement of this Part, stand transferred to the Board. Transfer of functions of Tribunal to Board (2) The administration and business in connection with the performance of any of the functions transferred by subsection (1) shall, on the commencement of this Part, stand transferred to the Board. (3) References to the Tribunal in any enactment or instrument under an enactment relating to any function or administration and business transferred by this section shall, on the commencement of this Part, be construed as references to the Board. (4) References to the Chairman of the Tribunal in any enactment or instrument made under an enactment relating to any function or administration and business transferred by this section shall, on the commencement of this Part, be construed as references to the chairperson of the Board Section 151 of the Principal Act is amended in subsection (1) by inserting the following paragraph after paragraph (f): (fa) the performance of the functions transferred to it by section 34 of the Residential Tenancies (Amendment) Act 2012,. section 151 of (1) All lands that, immediately before the commencement of this Part, were vested in the Tribunal and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, on the commencement of this Part stand vested in the Board for all the estate or interest therein that, immediately before the commencement of this Part, were vested in the Tribunal, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed. (2) All property other than land including choses-in-action that immediately before the commencement of this Part, was vested in the Tribunal shall, on the commencement of this Part, stand vested in the Board without any assignment. (3) Every chose-in-action vested in the Board by virtue of subsection (2) may, on and from the commencement of this Part, be sued on, recovered or enforced by the Board in its own name, and it shall not be necessary for the Board, or the Tribunal, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection. Transfer of land and other property. 17

18 (4) Any money, stocks, shares and securities transferred to the Board under subsection (2) which, immediately before the commencement of this Part, are in the name of the Tribunal shall, on the request of the Board, be transferred into its name. Transfers of rights, liabilities, etc., of Tribunal. 37. (1) All rights and liabilities of the Tribunal arising by virtue 5 of any contract or commitment (expressed or implied) entered into by the Tribunal before the commencement of this Part shall on the commencement of this Part stand transferred to the Board. (2) Every right and liability transferred by subsection (1) to the Board may, on and after the commencement of this Part, be sued 10 on, recovered or enforced by or against the Board in its own name, and it shall not be necessary for the Board, or the Tribunal, to give notice to the person whose right or liability is transferred by that subsection of such transfer. (3) Every lease, licence, wayleave or permission granted by the 15 Tribunal in relation to land or other property vested in the Board by or under this Part and in force immediately before the commencement of this Part, shall continue in force as if granted by the Board. Liability for loss. 38. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before 20 the commencement of this Part, of the functions transferred to the Board by or under this Act, shall on and after the commencement of this Part, lie against the Board and not against the Tribunal. (2) Where immediately before the commencement of this Part, any legal proceedings are pending to which the Tribunal is a party 25 and the proceedings have reference to any functions transferred by section 34, the name of the Board shall, in so far as the proceedings relate to any function transferred by section 34, be substituted in the proceedings for that of the Tribunal or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason 30 of such substitution. (3) Where, before the commencement of this Part, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour 35 of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Tribunal, be enforceable against the Board and not the Tribunal. (4) Any claim made or proper to be made by the Tribunal in 40 respect of any loss or injury arising from the act or default of any person before the commencement of this Part shall, where the claim relates to a function transferred to the Board by this Part, be regarded as having been made by or proper to be made by the Board and may be pursued and sued for by the Board as if the loss or injury 45 had been suffered by the Board. Provisions consequent on transfer of functions etc. 39. (1) Anything commenced by or under the authority of the Tribunal that is not completed before the commencement of this Part may, in so far as it relates to a function transferred to the Board under this Part, be carried on or completed on or after the com- 50 mencement of this Part by the Board. 18

19 5 (2) Every determination, term of a tenancy, fixed, or varied, order, decision or request made or any notice or form given by the Tribunal in respect of a function transferred by section 34, shall, if and in so far as it was operative immediately before the commencement of this Part, have effect on and after such commencement as if it had been granted or made by the Board. (3) References to the Tribunal in any court documents that relate to a function transferred by section 34, shall, on and after the commencement of this Part, be construed as references to the Board (1) The Board shall, in respect of the period specified in subsection (3), prepare final accounts of the Tribunal. (2) The Board shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the commencement of this Part. (3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the Tribunal. (4) The Board shall prepare the final annual report for the Tribunal and submit the report to the Minister not later than 6 months after the commencement of this Part. Final accounts and final report The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas. Expenses incurred by the Minister The following provisions of the Act of 1983 are repealed: (a) subsections (1), (2) and (3) of section 2; (b) section 3; (c) section 4; (d) subsections (1), (4) and (8) of section 14; (e) subsections (1)(a) and (3) of section 15. Repeal of certain provisions of Act of PART 5 Miscellaneous Section 84 of the Act of 2009 is amended by substituting the following subsection for subsection (1): (1) For the purposes of this section household means (a) a person who lives alone, (b) 2 or more persons who live together, or (c) 2 or more persons who do not live together but who, in the opinion of the housing authority concerned, have a reasonable requirement to live together.. section 84 of the Act of

20 Click here for Bill AN BILLE UM THIONÓNTACHTAÍ CÓNAITHE (LEASÚ) (UIMH. 2), 2012 RESIDENTIAL TENANCIES (AMENDMENT) (NO. 2) BILL 2012 EXPLANATORY MEMORANDUM Introduction This Bill amends the Residential Tenancies Acts 2004 to 2009 and provides for the application of those Acts to dwellings let by voluntary and co-operative housing bodies to tenants who have been assessed under the Housing (Miscellaneous Provisions) Act 2009 as having a housing need. It provides for the dissolution of the Rent Tribunal and provides for the transfer of the functions of the Rent Tribunal to the Private Residential Tenancies Board. The Bill amends the Housing (Miscellaneous Provisions) Act 2009 and changes the name of the Private Residential Tenancies Board to the Residential Tenancies Board. Provisions of the Bill There are 5 Parts in the Bill, comprising 43 sections. PART 1 Preliminary and General (sections 1 and 2) This Part contains standard legislative provisions in relation to such matters as construction, commencement, collective citation and interpretation. Section 1 Short title, collective citation, construction and commencement. This section provides for the short title, construction and collective citations and the commencement of the Act by order or orders made by the Minister. Section 2 Interpretation. Section 2 provides for the definition of common terms used throughout the Bill. PART 2 Application of the Principal Act to certain dwellings let by approved housing bodies to certain tenants This Part provides for the inclusion within the remit of the 1

21 Residential Tenancies Act 2004 of dwellings let by approved voluntary and co-operative housing bodies (approved housing bodies) to persons who have been assessed as having a housing need. The Act will not apply to tenancies where care and support services are provided to the tenant as part of the tenancy agreement. Section 3 section 3 of This section amends section 3(2) of the Residential Tenancies Act 2004 to provide that dwellings let by approved housing bodies will be exempt from the provisions of the Act where the dwelling is occupied by a household that has been assessed as having a housing need, and a member of that household is in receipt of care support services. Under the current legislation, all dwellings let by approved housing bodies to households assessed as having a housing need are exempt from the provisions of the Act. A definition of care support services is also set out for the purpose of the exemption. The insertion of a new section 3(2A) clarifies that where a public authority (which includes a local authority) lets a dwelling to an approved housing body, and that approved housing body subsequently sub-lets that dwelling, the Act does not apply to the tenancy between the public authority and the approved housing body, and does apply to the tenancy between the approved housing body and the tenant. A new section 3(4) provides for the application of the Act to dwellings let by approved housing bodies. New sections 3(5) and (6) provide that where a dwelling is let by a public authority to an approved housing body and sub-let to a household assessed as having a housing need the approved housing body will be deemed to be the landlord, and the members of the household to whom the property is sub-let will be deemed to be the tenant or tenants, for the purposes of the application of the Act. Section 4 Certain restrictions for dwellings the subject of a tenancy referred to in section 3(4) of This section inserts two new sections 3A and 3B into the Section 3A provides that where a dwelling is let by an approved housing body to a household assessed as having a housing need, that tenant may not assign or sub-let the tenancy. Section 3B provides for supplemental provisions governing the application of the Act to approved housing body tenancies and, among other things, provides that the Act will apply to these tenancies on or after the coming into operation of section 3(4) of the Principal Act; that any reference to a continuous period of 6 months in Part 4 of the Principal Act is a reference to a continuous period of 6 months that commences on or after the commencement of section 3(4). Section 4(5) provides that an approved housing body may terminate a Part 4 tenancy where their tenancy agreement with the public authority in respect of that dwelling is due to expire within 6 months of the notice of termination being served. 2

22 Section 5 section 4 of the This section amends section 4 of the Principal Act and includes the insertion of a definition of approved housing body. Section 6 section 39 of the This section limits the right of a person to succeed to the residue of a Part 4 tenancy in the event of the death of a tenant where the dwelling is let by an approved housing body. Section 6 provides that section 39(2) will not apply to approved housing body tenancies unless the person electing to become a tenant of the dwelling has been assessed as having a housing need. Section 7 section 50 of the Section 8 is an amendment consequent to the amendment in section 4(1). Section 8 Change of name of Board. This section changes the name of the Private Residential Tenancies Board to the Residential Tenancies Board and provides for the expansion of the definition of rented sector to include the letting of dwellings by approved housing bodies to households referred to in section 3(4). Section 9 Change of name of register. This section provides for the change of the name of the register established under section 127 to the residential tenancies register from the private residential tenancies register. Section 10 section 20 of Act of This is a technical construction amendment to the Housing (Miscellaneous Provisions) Act PART 3 Amendments to the Principal Act This part provides for various amendments to the Principal Act including the separation of the quasi-judicial and administrative functions of the Board, the reduction in the maximum number of Board members from 15 to 12, and the simplification of the mediation process. Section 11 section 33 of This provision amends section 33 of the Principal Act to clarify that the provisions of Part 5 of the Principal Act apply to the termination of a Part 4 tenancy. Section 12 Table to section 34 of This section inserts a specific ground for termination of a Part 4 tenancy into the Table to section 34 relating to non-payment of rent. It provides that the landlord may terminate a tenancy for nonpayment of rent after a notice has been sent to the tenant under section 67 notifying them of the failure to pay rent where the tenant has not remedied that failure. Section 13 section 70 of This amendment clarifies that where a landlord wishes to terminate both a head-tenancy and any sub-tenancy arising out it, 3

23 that it is the landlord who must serve a notice of termination on the sub-tenant. Section 14 section 84 of This is a technical construction amendment and inserts the word frivolous into section 84(1). Section 15 section 86 of This is a technical amendment and clarifies that section 86 applies only in the case of a tenancy that has not been terminated, and that rent is payable to the landlord by the tenant, sub-tenant or multiple tenant as the case may be. Section 16 section 93 of This section provides that the Board may not charge a fee for mediation services. Section 17 section 95 of The section inserts two new subsections into section 95. Section 95(5A) provides that where a mediated agreement breaks down during the cooling-off period set out in section 98, the parties may notify the Board and the mediator that they no longer wish to be bound by that agreement. This provision replaces section 96(2) which placed an obligation on the Board to send a notice to the parties requesting them to notify the Board if the agreement was still in place. Section 95(5B) is an interpretation section and defines the meaning of the date of completion of the mediation for the purposes of sections 95 and 96. Section 18 Procedures to be followed by Board following report of mediator. This section replaces section 96 and simplifies the mediation procedure. Section 19 section 98 of This section reduces the cooling-off period for the purposes of section 97(4)(b) from 21 days to 10 days. Section 20 section 103 of This amendment is consequential to the amendment in section 33 which provides that members of the Board may no longer be appointed to the Dispute Resolution Committee. Section 21 section 104 of This section expands the grounds on which a Tribunal may give less than 21 days notice of a Tribunal hearing under section 104(5) to include the ground of financial or other hardship. Section 22 section 109 of This section provides for amendments consequential to the amendments of sections 93 and 96. Section 23 section 115 of This amendment clarifies that the reference to an award of damages in section 115(3) includes damages in relation to a failure by a landlord or a tenant to comply with their obligations under sections 16(f) or(g). 4

24 Section 24 section 119 of This amendment is consequential to the amendment to section 115. Section 25 section 121 of This section provides for amendments consequential to the amendments of sections 95 and 96. Section 26 section 123 of This section provides for amendments consequential to the amendments of sections 95 and 96. Section 27 section 136 of This section removes the requirement on landlords to furnish the Board with the estimated floor area, and the number of occupants, of a dwelling when registering the tenancy of that dwelling. Section 28 section 153 of This section reduces the maximum number of Board members from 15 to 12. Section 29 section 156 of This section reduces the quorum for a meeting of the Board from 5 to 4 members. Section 30 section 157 of This section provides for the removal of Board members from the Dispute Resolution Committee, with the exception of the Chairperson of the Board, who will be the Chairperson, and a member, of the Dispute Resolution Committee for the period that they are appointed Chairperson of the Board. Section 31 section 159 of This section increases the number of members of the Dispute Resolution Committee from 40 to 45 and makes consequential amendments to section 159 arising out of the amendments to section 157. Section 33(2) is a transitional provision. PART 4 Transfer of function of Tribunal established under Act of 1983 to Board This part provides for the legislative transfer of the functions of the Rent Tribunal, established under the Housing (Private Rented Dwellings)(Amendment) Act 1983, to the Private Residential Tenancies Board. Section 32 Interpretation. This section sets out definitions for the purposes of this Part. Section 33 Dissolution of Tribunal. This section provides for the dissolution of the Rent Tribunal. Section 34 Transfer of functions of Tribunal to Board. This section provides that the functions carried out by the Rent Tribunal under the Housing (Private Rented Dwellings) (Amendment) Act 1983 are transferred to the Board and those references in legislation to the functions and business of the Rent 5

25 Tribunal, and to the Chairman of the Tribunal, shall be construed as references to the Board and Chairperson of the Board respectively. Section 35 section 151 of This section provides for the inclusion in section 151, which sets out the functions of the Board, of the functions of the Rent Tribunal. Section 36 Transfer of land and other property. This is a standard legislative provision providing for the transfer of all land and other property vested in the Tribunal to the Board. Section 37 Transfer of rights, liabilities, etc., of Tribunal. This is a standard legislative provision providing for the transfer of all rights and liabilities of the Tribunal to the Board. It also continues in force every lease, licence, wayleave or permission granted by the Tribunal in relation to land or other property vested in the Board under this Part. Section 38 Liability for loss. This is a standard legislative provision and provides that any claim for loss or injury arising out of the performance, before the commencement of this Part, of the functions transferred to the Board shall lie against the Board and not the Tribunal; that in any proceedings pending to which the Tribunal is a party, the name of the Board shall be substituted for that of the Tribunal; that the terms of any settlement reached or judgment given before the commencement of this Part shall be enforceable against the Board and not the Tribunal; that any claim to be made by the Tribunal arising before the commencement of this Part shall be made or proper to be made by the Board. Section 39 Provisions consequent on transfer of functions. This is a standard legislative provision consequent on the transfer of the functions of the Rent Tribunal to the Board. Section 40 Final accounts and final report. This section provides that the Board shall prepare final accounts for the Rent Tribunal and submit those accounts to the Comptroller and Auditor General within 3 months of the commencement of this Part. Under this section the Board must prepare the final annual report for the Rent Tribunal within 6 months from the commencement of this Part. Section 41 Expenses incurred by the Minister. This section is a standard provision for defraying the expense of the Minister in administering this Part. Section 42 Repeal of certain provisions of Act of This section provides for the repeal of the following sections of the Housing (Private Rented Dwellings) (Amendment) Act Section 2(1), (2) Provides for the establishment and membership of the Tribunal. Section 3 Prohibits membership of Houses of the Oireachtas, etc., by a member of Tribunal. 6

26 Section 4 Provides for the Seal of the Tribunal. Section 14(1), (4), (8) Provides for the disclosure of interests by members of the Tribunal. Section 15 Provides that the Minister may make regulations providing for the terms and conditions of appointment and tenure of office of the Tribunal. PART 5 Miscellaneous This Part provides for a miscellaneous amendment of the Housing (Miscellaneous Provisions) Act Section 43 section 84 of the Act of This section provides for an amendment to section 84 of the Housing (Miscellaneous Provisions) Act 2009 to ensure consistency with Part 2. Department of the Environment, Community and Local Government, July, Wt /12. Clondalkin Pharma and Healthcare. (X59940). Gr

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