Residential Tenancies Act 2004
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Chapter 2 Procedure for registration | ||
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Obligation to apply to register tenancy. |
134.—(1) The landlord of a dwelling shall apply to the Board to register the tenancy of the dwelling under this Part. | |
(2) An application under this section shall be made— | ||
(a) in the case of a tenancy that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy, | ||
(b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act)— | ||
(i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part, | ||
(ii) in any other case — within whichever of the following periods expires the later— | ||
(I) the period of 3 months from the commencement of this Part, or | ||
(II) the period of 1 month from the commencement of the tenancy. | ||
(3) An application under this section shall be in the prescribed form and, subject to subsection (4), be accompanied by the fee specified in section 137 . | ||
(4) The foregoing requirement with respect to the application being accompanied by a fee does not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in subsection (2)(a) or (b) and one of the following conditions is satisfied. | ||
(5) Those conditions are that, in the 12 months preceding the relevant application— | ||
(a) 2 applications, each accompanied by the fee specified in section 137 , have been made under this section by the applicant in respect of the relevant dwelling (and each within the period specified in subsection (2)(a) or (b)), | ||
(b) the applicant has paid, in respect of several applications falling within subsection (3) of section 137 , the single fee referred to in subsection (2) of that section and the dwellings to which those several applications related included the relevant dwelling, | ||
(c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant. | ||
(6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies. |