Housing (Miscellaneous Provisions) Act 2009
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PART 7 AMENDMENTS TO THE RESIDENTIAL TENANCIES ACT 2004 | ||
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Amendments to Residential Tenancies Act 2004. |
100.— (1) In this section “ Act of 2004” means the Residential Tenancies Act 2004 . | |
(2) Section 3 of the Act of 2004 is amended— | ||
(a) in subsection (2)(c)(ii), by substituting “a household within the meaning of the Housing (Miscellaneous Provisions) Act 2009 assessed under section 20 of that Act as being qualified for social housing support” for “a person referred to in section 9 (2) of the Housing Act 1988 ”, and | ||
(b) by inserting the following subsection: | ||
“(3) Notwithstanding the definition of “ tenancy” in section 5(1), in this section a reference to a tenancy does not include a tenancy the term of which is more than 35 years.”. | ||
(3) Section 12 of the Act of 2004 is amended— | ||
(a) in subsection (1), by inserting the following after paragraph (b): | ||
“(ba) provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned,”, | ||
(b) in subsection (4)(a), by substituting the following for subparagraph (i): | ||
“(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, and the amount of rent or such other charges or taxes in arrears is equal to or greater than the amount of the deposit, or”, | ||
and | ||
(c) by substituting the following for subsection (4)(b): | ||
“(b) where, at the date of the request for return or repayment, there is a default in— | ||
(i) the payment of rent, or any other charges or taxes payable by the tenant in accordance with the lease or tenancy agreement, or | ||
(ii) compliance with section 16(f), | ||
and subparagraph (i) or (ii), as the case may be, of paragraph (a) does not apply, then there shall only be required to be returned or repaid under subsection (1)(d) the difference between the amount of rent or such other charges or taxes in arrears or, as appropriate, the amount of the costs that would be incurred in taking steps of the kind referred to in paragraph (a)(ii).”. | ||
(4) Section 135 of the Act of 2004 is amended— | ||
(a) by deleting subsection (2), and | ||
(b) in subsection (5), by substituting “that the application is incomplete and invalid and shall return the application, any other information submitted with the application and any fee paid” for “of the omission concerned and afford him or her a reasonable opportunity to rectify the matter”. | ||
(5) The Act of 2004 is amended by inserting the following section after section 147: | ||
“Disclosure of certain information to Revenue Commissioners. | ||
147A.— The Board shall, at such intervals as are specified by the Revenue Commissioners, disclose to the Revenue Commissioners information contained in the register the disclosure of which to the Revenue Commissioners is reasonably necessary for the performance by the Revenue Commissioners of their functions.”. | ||
(6) The amendment provided for in subsection (2) (b) does not affect any matter referred to the Private Residential Tenancies Board for resolution under Part 6 of the Act of 2004 before the coming into operation of this section. |