Residential Tenancies (Amendment) Act 2019

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Amendment of section 19 of Act of 2004

6. (1) Section 19 of the Act of 2004 is amended—

(a) in subsection (4) by the substitution of “subparagraph (i)” for “paragraph (a)” where it occurs in paragraph (a)(ii) in the definition of “t”,

(b) in subsection (5), by—

(i) the substitution of the following paragraph for paragraph (a):

“(a) to the rent first set under the tenancy of a dwelling, provided that no tenancy in respect of that dwelling subsisted during the period of 2 years immediately preceding the date on which the tenancy concerned commenced,”,

and

(ii) the substitution, in subparagraph (ii) of paragraph (b), of “greater than” for “different to what was”,

(c) by the insertion of the following subsections after subsection (5):

“(5A) For the purposes of paragraph (b) of subsection (5), a substantial change in the nature of the accommodation provided under the tenancy shall only have taken place where—

(a) the works carried out to the dwelling concerned—

(i) consist of a permanent extension to the dwelling that increases the floor area (within the meaning of Article 6 of the Building Regulations 1997 ( S.I. No. 497 of 1997 )) of the dwelling by an amount equal to not less than 25 per cent of the floor area (within such meaning) of the dwelling as it stood immediately before the commencement of those works,

(ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings, or

(iii) result in any 3 or more of the following:

(I) the internal layout of the dwelling being permanently altered;

(II) the dwelling being adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005 ;

(III) a permanent increase in the number of rooms in the dwelling;

(IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or

(V) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply and that has a BER of C3 or higher, the BER (within the meaning of those Regulations) being improved by not less than 2 building energy ratings,

and

(b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).

(5B) Where, in setting, at any particular time, the rent under the tenancy of a dwelling in a rent pressure zone, a landlord seeks to rely on subsection (5), the landlord shall—

(a) serve a notice in the prescribed form together with all relevant supporting information on the Board setting out the reasons why, in the landlord’s opinion, subsection (4) does not apply to the dwelling,

(b) specify in the notice the rent set under the tenancy of the dwelling and the amount of rent last set under the tenancy of the dwelling, and

(c) serve the notice and information under paragraphs (a) and (b) within 1 month from the setting of the rent under the tenancy of the dwelling.”,

(d) by the substitution for subsection (6) of the following:

“(6) Where—

(a) a notice under section 22(2) has been served on the tenant, or

(b) the review of the rent concerned has commenced,

before the relevant date, or, if an order is made by the Minister under section 24A(5) in respect of an area where the dwelling concerned is situate, before the date of the coming into operation of the order, then subsections (3) and (4) shall not apply to the new rent, referred to in section 22(2), stated in that notice in accordance with that section.”,

and

(e) by the insertion of the following subsections after subsection (6):

“(6A) A person who fails to comply with the requirements of subsection (4) shall be guilty of an offence.

(6B) A person, who in purported compliance with subsection (5B), furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading shall be guilty of an offence.

(6C) A person who fails to comply with the requirements of subsection (5B) shall be guilty of an offence.”.

(2) The amendment of section 19 of the Act of 2004 under paragraph (c), in so far as it inserts subsection (5A) of section 19, of subsection (1) shall not apply in respect of a tenancy of a dwelling where works required to effect a substantial change to the dwelling began prior to the commencement of subsection (1).