Residential Tenancies (Amendment) Act 2024

Amendment of section 19B of Principal Act

2. (1) Section 19B of the Principal Act is amended—

(a) in subsection (1), by the substitution of “Payment shall not be sought from a person or a person shall not be required,” for “A person shall not be required,”,

(b) in subsection (3), by the substitution of “Subject to subsection (3A) and notwithstanding” for “Notwithstanding”,

(c) by the insertion of the following subsection after subsection (3):

“(3A) An advance payment of rent may only be made in accordance with subsection (3) where the tenant is liable to pay both of the following to a single relevant provider:

(a) tuition fees;

(b) rent in respect of a tenancy.”,

and

(d) by the insertion of the following subsection after subsection (5):

“(6) In this section—

‘landlord’ in addition to the meaning assigned to it by section 5, includes a person holding himself, herself or itself out to have a dwelling available for occupation under a tenancy;

‘relevant provider’ has the meaning given to it by the Qualifications and Quality Assurance (Education and Training) Act 2012 ;

‘tuition fees’ has the meaning given to it by the Student Support Act 2011 .”.

(2) The amendments of section 19B of the Principal Act effected by subsection (1) shall only apply to a tenancy created after the date of the commencement of subsection (1) or in respect of a dwelling held out after that date as being available for occupation under a tenancy.