Residential Tenancies Act 2004

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Interpretation generally.

4.—(1) In this Act, unless the context otherwise requires—

“adjudicator” shall be construed in accordance with section 164 (2);

“authorised agent” shall be construed in accordance with section 12 (1)(e);

“Board” shall be construed in accordance with section 150 (1);

“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 ;

“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;

“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 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 ;

“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,

(d) a health board established under the Health Act 1970 ,

(e) the Eastern Regional Health Authority or an area health board established under the Health (Eastern Regional Health Authority) Act 1999 ,

(f) a voluntary body standing approved of by the Minister for Health and Children or by a health board or an authority or board mentioned in paragraph (e) of this definition for the purpose of providing accommodation for elderly persons or persons with a mental handicap or psychiatric disorder,

(g) a recognised educational institution, namely, any university, technical college, regional technical college, secondary or technical college or other institution or body of persons approved of, for the purpose of providing an approved course of study, by the Minister for Education and Science, or

(h) the Shannon Free Airport Development Company;

“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;

“tenancy agreement” includes an oral tenancy agreement;

“Tribunal” shall be construed in accordance with section 102 (2).

(2) The definition of “dwelling” in subsection (1) shall not apply in relation to the construction of references to “dwelling” to which this subsection applies; each such reference shall be construed as a reference to any building or part of a building used as a dwelling (whether or not a dwelling let for rent or valuable consideration) and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it.

(3) Subsection (2) applies to the following references to “dwelling” (whether in the singular or plural form) in this Act, namely—

(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).

(4) In this Act—

(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.