Residential Tenancies (Amendment) (No. 2) Bill 2012: From the Seanad (Resumed)

The Dáil went into Committee to resume consideration of Seanad amendment No. 51:
Section 17: In page 16, after line 42, to insert the following:
“Amendment of section 35 of Principal Act
17. Section 35 of the Principal Act is amended by inserting the following subsections after
subsection (6):
“(7) The statement to accompany a notice of termination in respect of a termination referred to in paragraph 2 of the Table shall specify—
(a) the bed spaces in the dwelling, and
(b) the grounds on which the dwelling is no longer suitable having regard to the bed spaces referred to in paragraph (a) and the size and composition of the occupying household.
(8) The statutory declaration that is to accompany a notice of termination in respect of a termination referred to in paragraph 3 of the Table shall include a declaration that the landlord intends to enter into an enforceable agreement to transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.
(9) A notice of termination in respect of a termination made on the ground specified in paragraph 5 of the Table, or the statement referred to in that paragraph shall—
(a) for the purposes of the statement referred to in subparagraph (aa) of paragraph 5 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the refurbishment or renovation of the dwelling concerned, and
(b) specify, where planning permission is not required—
(i) the name of the contractor, if any, employed to carry out the intended works, and
(ii) the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out.
(10) A notice of termination in respect of a termination made on the ground specified in paragraph 6 of the Table, or the statement referred to in that paragraph shall, for the purposes of the statement referred to in subparagraph (aa) of paragraph 6 of the Table, be accompanied by a copy of the planning permission required for the carrying out of the change of use of the dwelling concerned.”.”.
Amendment No. 2 to Seanad amendment No. 51 not moved.
Seanad amendment No. 51 agreed to.

Seanad amendments Nos. 52, 54, 56, 57, 60 to 64, inclusive, 66 to 72, inclusive, 74, 75, 86 to 99, inclusive, 101 and 102 are related and will be discussed together.

Seanad amendment No. 52:
Section 17: In page 16, after line 42, to insert the following:
“Slip or omission in notice of termination
18. The Principal Act is amended by inserting the following section after section 64:
“64A.On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that—
(a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and
(b) the notice of termination is otherwise in compliance with the provisions of this Act.”.”.

This group of amendments includes a number of measures to enable the PRTB to deal effectively with tenants who do not comply with their obligations, including the obligation to pay rent. The published Bill provides for a new procedure to deal with tenants who do not comply with their statutory obligation to pay rent pending the determination of their dispute. These amendments insert a new section 76A into the 2004 Act, which will provide that where there is a dispute before the board and the tenant does not pay the rent, the landlord may bring a complaint before the PRTB. On the hearing of this complaint, the PRTB can order the tenant to pay any rent due. The published Bill provides that the matter will then be adjourned for a period of no more than 14 days to allow the tenant to comply with this order and that where the tenant does not comply, the PRTB will have the power to terminate the tenancy irrespective of whether a notice of termination has been served.

Significant concerns regarding the power of the PRTB to terminate the tenancy at 14 days’ notice were expressed on Committee Stage of the Bill in the Dáil. On foot of subsequent legal advice, these amendments remove this termination provision from the procedure. However, the interim procedure to compel a tenant to pay the rent remains part of the Bill and is provided for by means of the insertion of the new section 76A into the principal Act. The provision has now been moved in the Bill and this is provided for by means of amendments Nos. 56 and 57, with consequential amendments Nos. 60 to 64, inclusive, 71, 72, 87 to 89, inclusive, 101 and 102. Amendments Nos. 66 to 70, inclusive, are technical drafting amendments.

Amendment No. 86 provides that the board must report to the Minister on the operation of the new section 76A six months after its commencement and thereafter each year in its annual report. I believe this procedure, together with amendments Nos. 52, 74 and 75, will provide for a fast and effective way for the PRTB to deal with that small minority of tenants who do not pay their rent.

In addition to the section 76A procedures, amendment No. 52 is designed to address an issue that has been a cause of concern to landlords, in particular. In certain cases a minor error in a notice of termination has caused the whole case to fall at the last hurdle, regardless of the merits of the case, sometimes after months of processing and hearings. This situation is being remedied by amendment No. 52 to the effect that a minor error or defect, which is not prejudicial to the tenant, in a notice of termination would not invalidate the notice.

Section 124 of the Residential Tenancies Act provides for the enforcement of PRTB determination orders in the Circuit Court. While the PRTB endeavours to enforce as many of its orders as possible, Circuit Court sittings around the country are limited and in many cases there are significant waiting lists, as I mentioned earlier. Amendments Nos. 74 and 75 will amend the Act so that in future PRTB determination orders can be enforced in the District Court rather than the Circuit Court. This will considerably reduce the expense of enforcing a determination order and should also provide for faster hearings as there are more sittings of the District Court than the Circuit Court.

Amendment No. 54 clarifies that the notice period for the termination of a tenancy for non-payment of rent is 28 days.

Seanad Amendment agreed to.
Seanad amendment No. 53:
Section 17: In page 16, after line 42, to insert the following:
“Amendment of section 66 of Principal Act
19. (1) Section 66 of the Principal Act is amended—
(a) by substituting the following Table for Table 1:
“TABLE 1
Termination by Landlord

Duration of Tenancy

(1)

Notice Period

(2)

Less than 6 months

28 days

6 or more months but less than 1 year

35 days

1 year or more but less than 2 years

42 days

2 years or more but less than 3 years

56 days

3 years or more but less than 4 years

84 days

4 years or more but less than 5 years

112 days

5 years or more but less than 6 years

140 days

6 years or more but less than 7 years

168 days

7 years or more but less than 8 years

196 days

8 or more years

224 days

”,
and
(b) by substituting the following Table for Table 2:
“TABLE 2
Termination by Tenant

Duration of Tenancy

(1)

Notice Period

(2)

Less than 6 months

28 days

6 or more months but less than 1 year

35 days

1 year or more but less than 2 years

42 days

2 years or more but less than 4 years

56 days

4 years or more but less than 8 years

84 days

8 or more years

112 days

”.
(2) Where, immediately before the coming into operation of subsection (1), a period of notice was specified in a notice of termination in respect of a tenancy to which section 66 of the Principal Act applies but that period had not expired, notwithstanding the amendments to section 66 of the Principal Act made by subsection (1), the periods of notice specified in the Tables to that section before those amendments were made shall continue to apply in respect of the notice of termination concerned as if those amendments had not been made.”.
Amendments Nos. 1 and 2 to Seanad amendment No. 53 not moved.

I move amendment No. 3 to Seanad amendment No. 53:

In section 19(1), to delete paragraph (b) and substitute the following:

“(b) the duration of tenancy shall not affect the notice period required for termination by a tenant, which shall in all cases be 28 days.”.

Amendment to amendment put:
The Committee divided: Tá, 35; Níl, 66.

  • Broughan, Thomas P.
  • Calleary, Dara.
  • Collins, Niall.
  • Colreavy, Michael.
  • Coppinger, Ruth.
  • Creighton, Lucinda.
  • Crowe, Seán.
  • Daly, Clare.
  • Ellis, Dessie.
  • Ferris, Martin.
  • Fitzmaurice, Michael.
  • Fleming, Sean.
  • Fleming, Tom.
  • Grealish, Noel.
  • Halligan, John.
  • Healy, Seamus.
  • Healy-Rae, Michael.
  • Keaveney, Colm.
  • Kelleher, Billy.
  • Mac Lochlainn, Pádraig.
  • McConalogue, Charlie.
  • McDonald, Mary Lou.
  • McGrath, Finian.
  • McGuinness, John.
  • McLellan, Sandra.
  • Murphy, Catherine.
  • Murphy, Paul.
  • Naughten, Denis.
  • Ó Fearghaíl, Seán.
  • Ó Snodaigh, Aengus.
  • O'Brien, Jonathan.
  • Pringle, Thomas.
  • Shortall, Róisín.
  • Stanley, Brian.
  • Wallace, Mick.

Níl

  • Bannon, James.
  • Barry, Tom.
  • Butler, Ray.
  • Buttimer, Jerry.
  • Byrne, Catherine.
  • Byrne, Eric.
  • Cannon, Ciarán.
  • Carey, Joe.
  • Coffey, Paudie.
  • Connaughton, Paul J.
  • Conway, Ciara.
  • Corcoran Kennedy, Marcella.
  • Creed, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Deering, Pat.
  • Doherty, Regina.
  • Donohoe, Paschal.
  • Dowds, Robert.
  • Durkan, Bernard J.
  • Farrell, Alan.
  • Feighan, Frank.
  • Ferris, Anne.
  • Fitzpatrick, Peter.
  • Flanagan, Charles.
  • Griffin, Brendan.
  • Hannigan, Dominic.
  • Harrington, Noel.
  • Harris, Simon.
  • Heydon, Martin.
  • Howlin, Brendan.
  • Keating, Derek.
  • Kehoe, Paul.
  • Kenny, Seán.
  • Kyne, Seán.
  • McCarthy, Michael.
  • McEntee, Helen.
  • McFadden, Gabrielle.
  • McGinley, Dinny.
  • McHugh, Joe.
  • McLoughlin, Tony.
  • McNamara, Michael.
  • Mulherin, Michelle.
  • Murphy, Dara.
  • Neville, Dan.
  • Nolan, Derek.
  • Ó Ríordáin, Aodhán.
  • O'Donovan, Patrick.
  • O'Dowd, Fergus.
  • O'Mahony, John.
  • O'Reilly, Joe.
  • Penrose, Willie.
  • Perry, John.
  • Phelan, John Paul.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Ryan, Brendan.
  • Shatter, Alan.
  • Spring, Arthur.
  • Stagg, Emmet.
  • Stanton, David.
  • Twomey, Liam.
  • Wall, Jack.
  • White, Alex.
Tellers: Tá, Deputies Clare Daly and Mick Wallace; Níl, Deputies Emmet Stagg and Paul Kehoe.
Amendment to amendment declared lost.

I move amendment No. 4 to Seanad amendment No. 53:

In section 19, to delete subsection (2).

Amendment No. 4 to Seanad amendment No. 53 put and declared lost.
Seanad amendment No. 53 agreed to.
Seanad amendment No. 54:
Section 17: In page 17, to delete lines 1 to 15 and substitute the following:
“Amendment of section 67 of Principal Act
17. Section 67 of the Principal Act is amended in subsection (2)—
(a) by inserting the following paragraph after paragraph (a):
“(aa) in the case of the termination of a tenancy of a dwelling to which Part 4 applies, 28 days regardless of the duration of the tenancy,”,
and
(b) in paragraph (b), by inserting “in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply,” before “28 days”.”.
Seanad amendment agreed to.

Seanad amendments Nos. 55, 65 and 73 are related and will be discussed to.

Seanad amendment No. 55:
Section 18: In page 17, to delete line 17 and substitute “by inserting “by the landlord” after “(“the subtenant”)”.”.

These are technical amendments.

Application for return of deposit where no agreement between the parties

148E.(1) Where a landlord and tenant do not agree on the return, by the Board, of a deposit to one or both of them, the landlord or the tenant may apply to the Board in respect of such return to one or both of them on, or as soon as practicable after, the end of the tenancy.

(2) An application under this section shall include—

(a) the reference number, referred to in section 135(3), used by the Board for the tenancy concerned,

(b) the date on which the tenancy ended,

(c) a statement that the parties are not in agreement in respect of the return of the deposit to one or both of them,

(d) a statement that—

(i) all of the deposit is to be returned to the tenant,

(ii) all of the deposit is to be returned to the landlord, or

(iii) the whole amount of the deposit is not to be returned to the tenant or the landlord and specifying the amount that is to be returned to each party,

(e) the address of the dwelling,

(f) confirmation that the applicant has complied with the obligation under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o) (iii),

(g) if the application is made by the landlord, a statement as to whether he or she has—

(i) made the notification referred to in section 12(1)(d)(ii)(IV) to the Board, and

(ii) complied, where the notification was made, with section 12(6),

and

(h) if the application is made by the tenant, a statement—

(i) as to whether he or she has received a copy of the notification referred to in section 12(1)(d)(ii)(IV),

(ii) as to whether he or she agrees with the matters specified in that notification, and

(iii) as to whether the statement referred to in paragraph (d) incorporates the matters specified in that notification.

(3) Where the Board receives an application under this section from each party in respect of the same tenancy, the Board shall consider each such application together.

(4) An application under this section shall be made on notice to the other party to the tenancy.

(5) An application under this section shall be made in the prescribed form.

(6) Without prejudice to paragraph (h) of subsection (2), where—

(a) a tenant makes an application under section 148E,

(b) the tenant has received a copy of the notification referred to in section 12(1)(d)(ii)(IV),

(c) the tenant does not agree with the matters specified in the notification, and

(d) the tenant has not incorporated all or any of the matters specified in that notification in the statement referred to in paragraph (d) of subsection (2),

the Board shall notify the parties that—

(i) as, pursuant to the statement referred to in paragraph (d) and the notification referred to in paragraph (b), there is no agreement between the parties in relation to the matters specified in the notification, and

(ii) as the Board is required under paragraph (b) of section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with that section,

it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.

(7) The Minister may make regulations under this section for the making of an application under this section and provision may be made for the making of the application by electronic means.

Notification by Board of application for return of deposit where no agreement between the parties

148F. (1)On receipt of an application under section 148E, the Board shall—

(a) acknowledge receipt of the application on notice to the party who did not make the application,

(b) notify the party who did not make the application—

(i) that an application has been made under section 148E for the return of the deposit,

(ii) of the statement referred to in section 148E(2)(d), and

(iii) if the application was made—

(I) by the landlord, whether the landlord has provided the notification to the Board under section 12(1)(d)(ii)(IV) and whether the notification has specified a default referred to in section 12(4), or

(II) by the tenant, whether he or she has received a copy of the notification and whether he or she agrees with the matters specified in it and has taken it into account in the statement referred to in subparagraph (ii),

(c) request the party who did not make the application concerned to notify the Board, in writing and within the prescribed period, if he or she—

(i) agrees with the return of the deposit as set out in the application concerned (in this Act referred to as a ‘statement of agreement’),

or

(ii) does not agree with the return of the deposit as set out in the application concerned (in this Act referred to as a ‘statement of disagreement’),

(d) notify the party who did not make the application—

(i) of the requirements for return of the deposit under section 148B,

and

(ii) that it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6,

(e) inform the party who did not make the application of the right of referral to the Board for resolution under Part 6 of a dispute between the parties in respect of the return of the deposit,

(f) request the party who did not make the application to notify the Board that if he or she does not agree with the return of the deposit whether he or she proposes to refer, or has referred, the disagreement on such return to the Board for resolution under Part 6,

(g) inform the party who did not make the application that where he or she does not respond, within the prescribed period, to the Board with the information requested under paragraph (c), the return of the deposit shall be made in accordance with section 148L, and

(h) inform the party who did not make the application of the obligations on the parties under sections 12(1)(d)(ii)(III) and 16(o)(iii) to provide the Board with his or her address for correspondence when the tenancy has ended and of the obligations of the parties under section 148A and subsection (2).

(2) Without prejudice to section 148A, the party who did not make the application under section 148E and to whom the notification in subsection (1) is sent, shall send the statement of agreement or, as the case may be, the statement of disagreement to the Board within the prescribed period.

(3) Where the party who did not make the application under section 148E proposes to refer, or has referred, the disagreement referred to in paragraph (f) of subsection (1), to the Board for resolution under Part 6, he or she shall, within the prescribed period, notify the Board accordingly and such notification shall be made in writing in the prescribed form.

Return of deposit where statement of agreement under section 148F received

148G. (1) Where the party who did not make the application under section 148E, and to whom a notification under section 148F(1) was made, sends the Board a statement of agreement, the Board shall—

(a) acknowledge receipt of the statement of agreement on notice to the party who made the application under section 148E, and

(b) return the deposit in accordance with the application under section 148E as soon as practicable.

(2) A statement of agreement shall be in writing and in the prescribed form.

Notification to parties of statement of disagreement under section 148F

148H. (1) Where the party who did not make the application under section 148E, and to whom a notification under section 148F was made, provides the Board with a statement of disagreement, the Board shall—

(a) acknowledge receipt of the statement of disagreement on notice to the party who made the application under section 148E, and

(b) notify both parties that—

(i) as, pursuant to the statement of disagreement by the party who did not make the application under section 148E, there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d), and

(ii) as the Board is required under paragraph (b) of section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with that section,

it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.

(2) A statement of disagreement shall be in writing and be made in the prescribed form.

(3) The notification under subsection (1)(b) shall be in the prescribed form.

(4) Following the notification under subsection (1)(b)—

(a) where the parties subsequently agree on the amount of the deposit to be returned to one or both of them, the parties may make a joint agreed application under section 148C in respect of that deposit, or

(b) either of the parties may, subsequent to that notification, make an application under section 148E (in this section referred to as a ‘revised application’) and nothing in this Act shall be construed as preventing the party who did not make the revised application from providing a statement of agreement in respect of that revised application.

(5) Where the parties make a joint agreed application pursuant to subsection (4)(a), the parties shall notify the Board that the joint agreed application replaces the first application made under section 148E.

Notification by Board where no statement of agreement, or disagreement, received within prescribed period

148I. (1) Where the Board does not receive, pursuant to section 148F, a statement of agreement or, as the case may be, a statement of disagreement within the prescribed period, the Board shall—

(a) notify the party who did not make the application under section 148E that the Board has not received, within the prescribed period, a statement of agreement or, as the case may be, a statement of disagreement as required under section 148F(2),

(b) request the party referred to in paragraph (a) to provide the Board, within the prescribed period, with—

(i) a statement of agreement or, as the case may be, the statement of disagreement as required under section 148F(2), and

(ii) a notification specified in subsection (2), if a statement of disagreement is provided to the Board pursuant to subparagraph (i),

(c) notify the party referred to in paragraph (a) of the return of the deposit by the Board in accordance with section 148L if—

(i) the notification referred to in subparagraph (i) of paragraph (b) is not provided to the Board within the period prescribed for the purposes of that paragraph,

(ii) a notification referred to in subparagraph (ii) of paragraph (b), that is required under that subparagraph to be provided to the Board, is not provided to the Board within the period prescribed for the purposes of that paragraph, and

(iii) the Board is satisfied of the matters specified in subsection (1) of section 148L,

and

(d) notify the party referred to in paragraph (a) of the obligation of the landlord under section 12(1)(d)(ii) and the tenant under section 16(o), the obligations on the parties under section 148A, the obligation under section 148F(2) and of the obligation under subsection (3).

(2) Where a statement of disagreement is provided to the Board pursuant to subsection (1), it shall be accompanied by a notification, in writing, to the Board stating whether the party to whom the notification under subsection (1) was sent—

(a) has made an application under section 148E in respect of the deposit concerned, or

(b) has referred a dispute to the Board, for resolution under Part 6, in relation to the deposit concerned.

(3) Without prejudice to section 148A, the party to whom the request referred to in paragraph (b) of subsection (1) is made shall provide the Board, within the prescribed period, with—

(a) the statement of agreement or, as the case may be, the statement of disagreement, and

(b) where a notification specified in subparagraph (ii) of that paragraph is required to be provided to the Board, shall provide the Board with that notification.

(4) Where, pursuant to a notification under subsection (1), the Board does not, within the prescribed period, receive—

(a) a statement of agreement or, as the case may be, a statement of disagreement, and

(b) a notification referred to in subparagraph (ii) of paragraph (b) of subsection (1) where such notification is required to be provided to the Board under that subparagraph,

the Board shall request the party who made the application under section 148E to make a statutory declaration which shall include a declaration as to the matters specified in subsection (5).

(5) A statutory declaration referred to in subsection (5) shall include a declaration—

(a) that the person making the declaration—

(i) has not participated with the other party to make a joint agreed application under section 148C in respect of the return of the deposit concerned,

(ii) has not made a new application (including a revised application referred to in section 148K) under section 148E in respect of the deposit concerned,

(iii) has not, pursuant to the failure, by the other party, to comply with subsection (3) or section 148F(2), referred a dispute to the Board for resolution under Part 6, other than a dispute under subsection (6), in relation to the return of the deposit, and

(iv) has not received a notification from the Board, pursuant to Part 6, that an application has been made to it pursuant to section 76 in respect of the return of the deposit or any matter relating to the return of the deposit,

(b) that, in respect of the return, by the Board, of the deposit—

(i) the deposit be returned to the tenant,

(ii) the deposit be returned to the landlord, or

(iii) if the whole amount of the deposit is not to be returned to the tenant or the landlord, the amount of the deposit that is to be returned to each party,

(c) of the grounds on which he or she is relying on for the return of the deposit and where an amount of the deposit is to be returned to him or her, as specified in accordance with paragraph (b)(iii), the grounds on which that amount is calculated,

(d) if he or she is the tenant, that—

(i) he or she has not, received a notification under section 12(6) of a default referred to in section 12(4), and

(ii) to the best of his or her knowledge, there has, or has not, been a default referred to in section 12(4), and if there has been such default that it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c),

and

(e) if he or she is the landlord, that—

(i) he or she has complied with sections 12(1)(d)(ii)(IV) and 12(6),

and

(ii) there has been a default referred to in section 12(4), and it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c).

(6) Any loss accruing to the party who made the application under section 148E by reason of delay in the return of the deposit that arises from either or both of the following may be the subject of a complaint to the Board under Part 6:

(a) the failure of the other party to provide the Board with a notification of agreement or disagreement under section 148F and subsection (3) (or either of them) within the prescribed period;

(b) the failure of the other party to comply with section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii).

(7) A notification and request under subsection (1) shall be made in the prescribed form.

(8) The Board shall send the party who made the application under section 148E a copy of a notification under subsection (1).

(9) The party referred to in subsection (1)(b) shall notify the party who made the application under section 148E that he or she has sent to the Board—

(a) the statement of agreement, or

(b) the statement of disagreement and a notification required under subsection (2),

within the prescribed period.

(10) Where—

(a) the application under section 148E is made by a tenant,

(b) the landlord has failed to comply with subsection (3),

(c) the landlord has made the notification to the Board in accordance with section 12(1)(d)(ii)(IV), and

(d) the tenant has not received the copy of the notification referred to in section 12(6),

the Board shall notify the parties, in writing, that—

(i) having regard to the making to the Board of the notification referred to in paragraph (c) and the absence of the notification referred to in paragraph (d), the matter of the default concerned requires to be addressed, and

(ii) having regard to section 148B(b), it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.

Return of deposit where statement of agreement under section 148I received

148J. (1)Where, pursuant to the notification under section 148I(1), the Board receives a statement of agreement, the Board shall—

(a) acknowledge receipt of the statement of agreement on notice to the party who made the application under section 148E, and

(b) return the deposit in accordance with the application under section 148E as soon as practicable.

(2) A statement of agreement shall be in writing and be made in the prescribed form.

Notification to parties of statement of disagreement under section 148I

148K. (1) Where, pursuant to the notification under section 148I(1), the party concerned provides the Board with a statement of disagreement, the Board shall—

(a) acknowledge receipt of the statement of disagreement on notice to the party who made the application under section 148E, and

(b) notify both parties, in writing, of the matters specified in paragraph (b) of section 148H(1).

(2) Following the notification under subsection (1)(b)—

(a) where the parties subsequently agree on the amount of the deposit to be returned to one or both of them, the parties may make a joint agreed application under section 148C in respect of that deposit, or

(b) either of the parties may, subsequent to that notification, make a revised application and nothing in this Act shall be construed as preventing the party who did not make the revised application from providing a statement of agreement in respect of that revised application,

and section 148H(5) shall apply to the joint agreed application referred to in paragraph (a).

(3) A notification under subsection (1)(b) shall be in writing and be made in the prescribed form.

(4) In this section ‘revised application’ has the meaning assigned to it in section 148H.

Return of deposit where no notification of agreement or disagreement made

148L. (1)Where—

(a) pursuant to a notification under section 148I(1), the Board does not, within the prescribed period, receive—

(i) a statement of agreement or, as the case may be, a statement of disagreement, and

(ii) a notification referred to in subparagraph (ii) of paragraph (b) of subsection (1) of that section where such notification is required to be provided to the Board under that subparagraph,

(b) the Board has received a statutory declaration referred to in section 148I(5),

(c) the Board has satisfied itself, having regard to the statutory declaration referred to in section 148I(5) that the party who made the application under section 148E—

(i) has not made a joint agreed application under section 148C in respect of the return of the deposit concerned,

(ii) has not made a new application (including a revised application referred to in section 148H) under section 148E in relation to the return of the deposit concerned,

(iii) has not referred a dispute to the Board for resolution under Part 6 in relation to the return of the deposit other than a dispute referred to in section 148I(6), and

(iv) has not received a notification from the Board, pursuant to its functions under Part 6, that an application has been made to it under section 76 in respect of the return of the deposit or any matter relating to the return of the deposit,

(d) the Board is satisfied that, having regard to the statutory declaration referred to in section 148I(5), all the matters that are required, under section 148I(5), to be declared, have been declared,

(e) the Board has satisfied itself that no other application for the return of the deposit concerned has been made in respect of the tenancy concerned having regard to the reference number assigned to the tenancy in accordance with section 135(3),

(f) the Board has satisfied itself that no dispute has been referred to the Board under Part 6 in respect of the tenancy concerned and where a dispute was referred to the Board, that it did not concern the return of the deposit, and

(g) the Board has satisfied itself that the other party has been notified of the application at the address provided by him or her in accordance with section 12(1)(d)(ii)(II) or 16(o)(iii),

the Board shall, subject to subsection (2), return the deposit referred to in section 12(1)(d) to the party who made the application under section 148E as soon as practicable.

(2) Where a party has failed to comply with section 148I(3)—

(a) the Board has had regard to—

(i) the circumstances of the application under section 148E, or

(ii) the matters referred to in paragraphs (b) to (g) of subsection (1),

and

(b) in the opinion of the Board, the return of the deposit is a matter that requires resolution by the Board under Part 6,

the Board may request the party who made the application under section 148E to refer the application under section 148E to the Board for resolution under Part 6.

Offence of furnishing false or misleading information in relation to return of deposit

148M.A person who, in purported compliance with, section 148C, 148E or 148F or subsection (1), (2), (3) or (9) of section 148I, furnishes information to the Board which is false or misleading in a material respect knowing it to be false or misleading or being reckless as to whether it is false or misleading, is guilty of an offence.

Notifications by Board for purposes of return of deposit

148N.For the purpose of the performance by the Board of its functions relating to the return of a deposit referred to in section 12(1)(d), the Board shall, when making a notification to a party pursuant to those functions, send the notification to the most recent address which the party concerned has, as required under section 12(1)(d)(ii) or, as the case may be, section 16(o), provided to the Board.

Reference by party of return of deposit to Board as a dispute for resolution under Part 6

148O. (1) Without prejudice to sections 76 and 78, where a party made an application under section 148E and the other party has not provided a statement of agreement or a statement of disagreement in respect of that application within the prescribed period specified for the purposes of section 148F(1)(c) or 148I(1)(b), that party may, at any time after the prescribed period concerned, refer the return of the deposit to one or both parties to the Board as a dispute requiring resolution under Part 6.

(2) The party who refers the dispute referred to in subsection (1) for resolution under Part 6 shall notify the Board and the other party to the tenancy that the application under section 148E has been withdrawn and the return of the deposit to one or both parties has been referred to the Board as a dispute requiring resolution under Part 6 and the notification under this section shall be made at the time the reference of the dispute for resolution under Part 6 is made.

(3) For the purposes of section 148B, where the dispute referred to in subsection (1) is referred to the Board for resolution under Part 6—

(a) the application under section 148E shall be treated as withdrawn,

and

(b) the return of the deposit concerned shall be made in accordance with section 148B(b).

Transitional provisions relating to transmission of deposits of certain tenancies

148P. (1)Where, on or before the coming into operation of sections 16 and 36 of the Residential Tenancies (Amendment) Act 2015

(a) a tenancy was registered in accordance with section 134,

(b) the tenancy has not been terminated,

(c) a notice of termination has not been served in respect of the tenancy, and

(d) a deposit had been paid by the tenant to the landlord on entering into the agreement for the tenancy or lease and in respect of which sections 12(1)(d) and 12(4) applied to the return or repayment, by the landlord, of the deposit before those sections were amended bysection 16 of the Residential Tenancies (Amendment) Act 2015,

the landlord shall transmit the deposit to the Board not later than 6 months from the date on which sections 16 and 36 of the Residential Tenancies (Amendment) Act 2015 come into operation.

(2) Where, on or before the coming into operation of sections 16 and 36 of the Residential Tenancies (Amendment) Act 2015

(a) a tenancy was registered in accordance with section 134,

(b) the tenancy has not been terminated,

(c) a notice of termination has not been served in respect of the tenancy, and

(d) the tenant had not paid a deposit to the landlord on entering into the agreement for the tenancy or lease,

the landlord shall, not later than 6 months from the date on which sections 16 and 36 of the Residential Tenancies (Amendment) Act 2015 come into operation, provide a statement to the Board, in the prescribed form, stating that the tenant has not paid a deposit referred to in subsection (1) to the landlord and that a deposit is not available to provide for a default referred to in section 12(4).

(3) A landlord shall furnish the reference number, referred to in section 135(3), assigned by the Board for the tenancy concerned with the transmission of the deposit or, as the case may be, the statement referred to in subsection (2).

(4) The landlord shall notify the tenant in writing that he or she has complied with the obligation under subsection (1) or (2) at the same time he or she transmits the deposit or provides the statement to the Board.

(5) The following provisions shall apply to a tenancy referred to in this section and where modifications are specified for those provisions, those modifications shall apply to such tenancy:

(a) clauses (I) to (IV) of section 12(1)(d)(ii);

(b) subparagraphs (i) to (iii) of section 16(o);

(c) paragraphs (c) and (d) of section 135(4) and the reference in those paragraphs—

(i) to ‘acknowledgment’ shall be construed as ‘acknowledgment of a deposit transmitted or notice provided pursuant to section 148P’, and

(ii) to ‘applicant under section 134’ shall be construed as ‘landlord who furnished a deposit or notice pursuant to section 148P’;

(d) subsection (4A) of section 135 and the reference in that subsection to ‘the acknowledgement referred to in subsection (4)’ shall be construed as ‘the acknowledgement of a deposit transmitted or notice provided pursuant to section 148P’;

(e) subsections (3) and (4) of section 135A and the reference in subsection (4) to the manner in which the deposit is to be transferred to the Board shall be construed as including the transmission of a deposit under this section;

(f) paragraph (ka) of section 136(1) and the reference to ‘has accompanied the application’ shall be construed as a reference to ‘has been furnished pursuant to section 148P’;

(g) subsections (5) and (6) of section 139;

(h) sections 148A to 148O.

Enforcement of obligation under section 148P

148Q. (1) Where, after the expiration of the 6 month period referred to in section 148P, it appears to the Board that a deposit for a tenancy registered in the register or a notice referred to in section 148P(2) has not been furnished to the Board in accordance with section 148P within that period, the Board shall, as soon as practicable—

(a) notify the parties to the tenancy in writing that it has not received the deposit or the notice referred to in section 148P, and

(b) request the landlord—

(i) to transmit the deposit to the Board or to furnish the statement referred to in section 148P(2) not later than 14 days from the receipt of the notice, or

(ii) to notify the Board in writing, not later than 14 days from receipt of the notice, that a notice of termination has been served on the tenant and of the date of service of that notice, or that the tenancy has been terminated, and of the date of the termination.

(2) The landlord shall notify the tenant in writing of the transmission of the deposit or notice pursuant to paragraph (b)(i) or the notification to the Board referred to in paragraph (b)(ii).

(3) Where a notice under subsection (1) is sent to a landlord and he or she does not—

(a) transmit to the Board, within the period referred to in paragraph (b)(i) of subsection (1), the deposit referred to in that subsection,

(b) provide to the Board, within the period referred to in paragraph (b)(i) of subsection (1), the statement referred to in that subsection, or

(c) notify the Board, within the period referred to in paragraph (b)(ii) of subsection (1), that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act,

the Board shall serve a further notice on the landlord stating that he or she is required to—

(i) transmit a deposit referred to in subsection (1)(b)(i) or provide the statement referred to in subsection (1)(b)(ii) to the Board within 14 days from the date of receipt of the further notice, or

(ii) notify the Board, within 14 days from the date of the further notice that a notice of termination has been served in respect of the tenancy or that the tenancy has been terminated in accordance with this Act,

and that where he or she fails to do so within that period, he or she is guilty of an offence.

(4) A person who fails to comply with a further notice under subsection (3) is guilty of an offence.

(5) It shall be a defence for a person charged with an offence under subsection (4) for that person to show that he or she took all reasonable steps to comply with subsection (3).”.”.

Seanad amendment agreed to.
Seanad amendment No. 56:
Section 19: In page 17, between lines 17 and 18, to insert the following:
“Amendment of section 75 of Principal Act
19. Section 75 of the Principal Act is amended—
(a) in subsection (2), by inserting “76A,” after “76(4),”,
(b) in subsection (4)(d), by substituting “landlord,” for “landlord, and”, and
(c) in subsection (4) by inserting the following paragraph after paragraph (d):
“(da) in the case of a complaint mentioned in section 76A—
(i) the landlord and the tenant, or
(ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section,
and”.”.
Seanad amendment agreed to.
Seanad amendment No. 57:
Section 19: In page 17, between lines 17 and 18, to insert the following:
“Right of referral of complaint in respect of compliance with section 86(1)(a)
20. The Principal Act is amended by inserting the following sections after section 76:
“76A. (1) This section applies where a matter has been referred to the Board for resolution (the ‘original dispute’) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i), or as the case may be, a sub-tenant referred to in section 86(1)(a)(ii), has failed to comply with section 86(1)(a).
(2) (a) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a landlord may refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i) has failed to comply with section 86(1)(a).
(b) Without prejudice to the generality of section 76 or to section 78(1)(q), or the obligation referred to in section 16(a), a head-tenant may refer to the Board for resolution a complaint that the sub-tenant referred to in section 86(1)(a)(ii) has failed to comply with section 86(1)(a).
(3) In this section—
‘head-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule;
‘sub-tenant’ has the meaning assigned to it by paragraph 1 of the Schedule.
Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint
76B. (1) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), arranged for the dispute to be the subject of adjudication—
(a) when adjudicating, under section 97, such dispute and without prejudice to section 97, the adjudicator—
(i) shall have regard to the original dispute referred to in section 76A, and
(ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
and
(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.
(2) Where in respect of a dispute concerning a complaint under section 76A, the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa), referred it to the Tribunal—
(a) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal—
(i) shall have regard to the original dispute referred to in section 76A, and
(ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
and
(b) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.”.”.
Seanad amendment agreed to.
Seanad amendment No. 58:
Section 19: In page 17, between lines 17 and 18, to insert the following:
“Amendment of section 77 of Principal Act
21. Section 77 of the Principal Act is amended—
(a) by inserting the following subsection after subsection (1):
“(1A) Without prejudice to subsection (1), where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h), the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15.”,
(b) by inserting the following subsection after subsection (2):
“(2A) The conditions mentioned in subsection (1A) are—
(a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and
(b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter—
(i) by communicating or attempting to communicate with the landlord or former landlord, or
(ii) by—
(I) requesting a person referred to in subsection (4) (in this section referred to as a ‘subsection (4) person’) to communicate with the landlord or former landlord on his or her behalf, and
(II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15,
and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted.”,
(c) in subsection (3) by—
(i) inserting “or, as the case may be, subsection (2A)(b)” after “with subsection (2)(b)”, and
(ii) inserting “or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made,” after “under this section”,
and
(d) by inserting the following subsections after subsection (3):
“(4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request—
(a) an owners’ management company within the meaning of the Multi-Unit Developments Act 2011,
(b) a body corporate, or
(c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general wellbeing of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents’ association or a neighbourhood watch group,
to do either or both of the following on his or her behalf:
(i) to make the communication referred to in subsection (2A)(b);
(ii) to refer the complaint referred to in subsection (1A) to the Board.
(5) For the purposes of section 75(4)(e), where, in accordance with this section, a subsection (4) person—
(a) refers a complaint to the Board on behalf of a person referred to in section 15, or
(b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15,
the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part.”.”.
Seanad amendment agreed to.
Seanad amendment No. 59:
Section 19: In page 17, between lines 17 and 18, to insert the following:
“Amendment of section 78 of Principal Act
22. (1) Section 78 of the Principal Act is amended in subsection (1)—
(a) by substituting “where appropriate, and without prejudice to section 76A, complaints” for “where appropriate, complaints”, and
(b) by substituting the following paragraphs for paragraph (a):
“(a) without prejudice to the generality of paragraph (e), failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i),
(aa) failure by—
(i) a landlord to comply with section 12(1)(d)(ii)(III), or
(ii) a tenant to comply with section 16(o)(iii),
(ab) the return of the deposit to one or both parties,
(ac) failure by a party to the tenancy to comply with sections 148A, 148F(2) or 148I(3),
(ad) any loss referred to in section 148I(6),”.
(2) Where, on or before the coming into operation of subsection (1), a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had been commenced but had not been finally determined in accordance with the Principal Act, the dispute shall be determined in accordance with that Act as if that paragraph had not been amended by subsection (1) and for the purposes of that dispute—
(a) paragraph (d) of section 12(1) of the Principal Act shall apply in relation to that dispute as if that paragraph had not been amended by section 16, and
(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return or repayment of that deposit as if that subsection had not been amended by section 16.
(3) Where on or before the coming into operation of subsection (1) and section 16, a tenancy had ended and the deposit had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise) and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution—
(a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 16,
(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 16,
and
(c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1).
(4) Where, on or before the coming into operation of subsection (1) and section 16, a notice of termination had been served in respect of a tenancy and a deposit had been paid to the landlord and had not been returned to the tenant (whether the landlord was relying on section 12(4) of the Principal Act or otherwise), and a dispute referred to in paragraph (a) of section 78(1) of the Principal Act had not been referred to the Board for resolution—
(a) paragraph (d) of section 12(1) of the Principal Act shall apply to the landlord as if that paragraph had not been amended by section 16,
(b) subsection (4) of section 12 of the Principal Act shall apply in respect of the return of that deposit as if that subsection had not been amended by section 16,
and
(c) where a dispute on the retention or refund of the deposit arises, either party may refer the dispute to the Board under paragraph (a) of section 78(1) of the Principal Act as if paragraph (a) of that section had not been amended by subsection (1) and the dispute shall be determined as if that paragraph had not been amended by subsection (1).
(5) In subsection (2) the reference to a dispute being finally determined in accordance with the Principal Act includes, in respect of that dispute, the final determination of an appeal under section 123(3) of that Act or an application for the enforcement, under section 124 of that Act, of the determination order concerned.”.
Seanad amendment agreed to.
Seanad amendment No. 60:
Section 19: In page 17, between lines 17 and 18, to insert the following:
“Amendment of section 79 of Principal Act
23. Section 79 of the Principal Act is amended—
(a) by designating that section as subsection (1), and
(b) by inserting the following subsection after subsection (1):
“(2) In the case of a complaint made under section 76A—
(a) subsection (1) shall not apply to the complaint, and
(b) the reference to the Board of a complaint made under section 76A shall not include any other dispute or complaint.”.”.
Seanad amendment agreed to.
Seanad amendment No. 61:
Section 21: In page 17, to delete lines 35 to 40 and in page 18, to delete lines 1 to 6 and substitute the following:
“Amendment of section 86 of Principal Act
21. Section 86 of the Principal Act is amended, in subsection (1): by substituting the following paragraph for paragraph (a):
“(a) the rent payable—
(i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and
(ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i), shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant,”.”.
Seanad amendment agreed to.
Seanad amendment No. 62:
Section 23: In page 18, between lines 14 and 15, to insert the following:
“Amendment of section 94 of Principal Act
23. Section 94 of the Principal Act is amended by inserting the following paragraph after paragraph (a):
“(aa) mediation of the kind mentioned in that section in relation to a complaint referred to in section 76A in which case the Board may, as it thinks appropriate—
(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or
(ii) refer the dispute to the Tribunal,”.”.
Seanad amendment agreed to.
Seanad amendment No. 63:
Section 25: In page 19, between lines 35 and 36, to insert the following:
“Amendment of section 97 of Principal Act
25. Section 97 of the Principal Act is amended—
(a) in subsection (1), by substituting “, 94(a) or 94(aa)” for “or 94(a)”, and
(b) in subsection (2), by substituting “, 94(a) or 94(aa)” for “or 94(a)”.”.
Seanad amendment agreed to.
Seanad amendment No. 64:
Section 26: In page 19, between lines 37 and 38, to insert the following:
“Amendment of section 101 of Principal Act
26. Section 101 of the Principal Act is amended in subsection (3), by substituting “94(a) or 94(aa)” for “94(a)”.”.
Seanad amendment agreed to.
Seanad amendment No. 65:
Section 28: In page 20, line 12, to delete “is amended” and substitute “of the Principal Act is amended”.
Seanad amendment agreed to.
Seanad amendment No. 66:
Section 28: In page 20, between lines 15 and 16, to insert the following:
“(b) in paragraph (d)(i) by inserting “or 94(aa)” after “section 94(a)”,”.
Seanad amendment agreed to.
Seanad amendment No. 67:
Section 28: In page 20, line 17, to delete “section”.
Seanad amendment agreed to.
Seanad amendment No. 68:
Section 28: In page 20, line 18, to delete “section”.
Seanad amendment agreed to.
Seanad amendment No. 69:
Section 28: In page 20, line 19, to delete “Subsection (1) shall” and substitute “Paragraphs (a), (b) and (c) of subsection (1) shall”.
Seanad amendment agreed to.
Seanad amendment No. 70:
Section 29: In page 20, line 30, to delete “€1,000.”.” and substitute “€1,000.”.
Seanad amendment agreed to.
Seanad amendment No. 71:
Section 29: In page 20, between lines 30 and 31, to insert the following:
“(6) For the purposes of a direction under subsection (3), where a complaint under section 76A was made, the amount that is directed under subsection (3) to be paid to a party when that complaint and the original dispute referred to in section 76A have been determined concurrently, shall include the amount of rent that was directed to be paid in the interim direction referred to in section 76B.”.”.
Seanad amendment agreed to.
Seanad amendment No. 72:
Section 30: In page 20, between lines 30 and 31, to insert the following:
“Amendment of section 117 of Principal Act
30. Section 117 of the Principal Act is amended by inserting the following subsection after subsection (4):
“(5) Without prejudice to subsection (1), in the case of a complaint referred to in section 76A, the adjudicator, or as the case may be the Tribunal, may, in dealing with the complaint, proceed to give such directions under this section as the adjudicator or Tribunal, considers appropriate for the purpose of providing relief of an interim nature (other than payment of arrears of rent) to the parties including a direction that pursuant to section 86(1)(a)—
(a) the tenant shall continue to pay the rent payable under the tenancy,
or
(b) the sub-tenant shall continue to pay the rent payable under the subtenancy, pending the determination of the original dispute referred to in section 76A.”.”.
Seanad amendment agreed to.
Seanad amendment No. 73:
Section 30: In page 20, line 31, to delete “is amended” and substitute “of the Principal Act is amended”.
Seanad amendment agreed to.
Seanad amendment No. 74:
Section 33: In page 21, between lines 16 and 17, to insert the following:
“Amendment of section 124 of Principal Act
33. (1) Section 124 of the Principal Act is amended—
(a) by substituting “District Court” for “Circuit Court” in each place it occurs,
(b) by inserting the following subsections after subsection (7):
“(7A) Without prejudice to the generality of subsection (2), where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has paid the deposit in accordance with section 148B(b), the court shall have regard to that payment when making an order under this section including an ancillary or other order referred to in subsection (7).
(7B) Without prejudice to the generality of subsection (2), where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has not, before the application under this section, paid the deposit in accordance with section 148B(b), the court shall have regard to such provision for the return of a deposit when making an order under this section including an ancillary or other order referred to in subsection (7).”,
(c) in subsection (9), by substituting “District Court district” for “circuit”, and
(d) by inserting the following subsection after subsection (9):
“(10) The monetary limit for the time being standing specified of the jurisdiction of the District Court shall not apply in respect of proceedings brought or heard, as the case may be, in the District Court under this section on or after the commencement of section 33 of the Residential Tenancies (Amendment) Act 2015 and, the monetary limit which shall apply in respect of those proceedings, shall be the monetary limit for the time being standing specified of the jurisdiction of the Circuit Court.”.
(2) Subject to subsection (3), the amendments effected by paragraphs (a) and (b) of subsection (1) shall not affect any proceedings brought under section 124 of the Principal Act before this section comes into operation.
(3) Where, before this section comes into operation, proceedings have been brought under section 124 of the Principal Act but not yet heard either in whole or in part by the Circuit Court, the Circuit Court may—
(a) on application to it in that behalf, and
(b) with the consent of each party to the proceedings,
remit those proceedings to the District Court.
(4) For the purposes of subsection (3), proceedings shall not be taken to have been heard in part by reason of the Circuit Court having heard an interlocutory application or any procedural application or motion relating to the proceedings.”.
Seanad amendment agreed to.
Seanad amendment No. 75:
Section 33: In page 21, between lines 16 and 17, to insert the following:
“Amendment of section 125 of Principal Act
34. (1) Section 125 of the Principal Act is amended by substituting “District Court” for “Circuit Court” in each place it occurs.
(2) Subject to section 33(3), the amendments effected by subsection (1) shall not affect any proceedings brought under section 124 of the Principal Act before this section comes into operation.”.
Seanad amendment agreed to.
Seanad amendment No. 76:
Section 33: In page 21, between lines 16 and 17, to insert the following:
“Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement
35. The Principal Act is amended by inserting the following section after section 125:
“125A.(1) A person who establishes to the satisfaction of the Board that, in relation to the return, under section 148L(1), of a deposit (or an amount of the deposit), that there are good and substantial reasons for his or her having failed to comply with section 148F(2) and 148I(3), the Board may, subject to subsection (3), exercise the powers referred to in subsection (2).
(2) The powers mentioned in subsection (1) are—
(a) to cancel the return of the deposit,
(b) to direct that the return of the deposit be the subject of a dispute to be referred to the Board under paragraph (ab) of section 78(1), and
(c) to direct the party to whom the deposit was returned under section 148L, to return the deposit (or a specified amount of the deposit) to the Board.
(3) The Board may direct that—
(a) the cancellation of the return of the deposit under section 148L shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1), and
(b) the return of the deposit be subject to specified conditions, including, where appropriate, a condition referred to in paragraph (a).
(4) The reference to conditions in subsection (3) means conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned.
(5) The reference in subsection (4) to the Rules of the Superior Courts shall be construed in accordance with subsection (6) of section 125.
(6) The Board, before deciding whether to exercise the powers under this section, shall afford the party to whom the deposit was returned under section 148L an opportunity to be heard.”.”.
Seanad amendment agreed to.
Seanad amendment No. 77:
Section 33: In page 21, to delete lines 17 to 29 and substitute the following:
“Amendment of section 135 of Principal Act
33. Section 135 of the Principal Act is amended—
(a) by inserting the following subsection after subsection (1):
“(1A) Where—
(a) a further Part 4 tenancy comes into being, and
(b) pursuant to subsection (1)(c), such further Part 4 tenancy is required to be registered,
the requirement under section 134(3A) that such registration be accompanied by the deposit referred to in section 135A or the notice referred to in section 135A(2) shall be satisfied if—
(i) the deposit that, in accordance with section 134(3A), accompanied the registration of the tenancy under section 134, has not been returned to either or both parties and remains in the designated tenancy deposit account,
(ii) the deposit that, in accordance with section 148P, was transmitted to the Board, has not been returned to either or both parties and remains in the designated tenancy deposit account,
(iii) a notice referred to in section 135A accompanied, in accordance with section 134(3A), the registration of the tenancy under section 134, and subsequent to the furnishing of that notice to the Board, the tenant has not paid a deposit referred to in section 12(1)(d) to the landlord, or
(iv) a notice referred to in section 148P(2) was sent to the Board and subsequent to the furnishing of that notice to the Board the tenant has not paid a deposit referred to in section 12(1)(d) to the landlord.”,
(b) by substituting the following subsection for subsection (4):
“(4) An acknowledgement, in the prescribed form, shall be given to the applicant under section 134 and to the tenant and shall—
(a) acknowledge the receipt by the Board of the application under section 134,
(b) acknowledge the receipt by the Board of a fee referred to in subsection (3) of that section,
(c) acknowledge the receipt by the Board of a deposit referred to in section 135A and the amount of that deposit, or a notice referred to in section 135A,
(d) specify the reference number, referred to in subsection (3), assigned by the Board in respect of the tenancy concerned, and
(e) include a statement setting out—
(i) a summary of the rights and obligations of tenants and landlords under this Act and without prejudice to the generality of the foregoing, the statement shall set out a summary of the rights and obligations of tenants and landlords in relation to—
(I) the setting of rent under section 19, a review of rent under section 20 and the notification of a new rent under section 22,
(II) security of tenure under Part 4, and
(III) the termination of tenancies under Parts 4 and 5,
(ii) the matters which may be referred to the Board for resolution under Part 6 and without prejudice to the generality of the foregoing the statement shall specify that—
(I) a complaint may be referred to the Board under section 78(1)(b) in respect of the amount of rent that ought to be initially set in compliance with section 19, and
(II) a complaint may be referred to the Board under section 78(1)(c) in respect of the amount of rent determined on foot of a review of rent,
(iii) the redress that may be granted by the Board and without prejudice to the generality of the foregoing the statement shall specify the maximum amount of damages that may be paid to a party to a dispute pursuant to section 115(3), and
(iv) the function of the Board, referred to in section 147A, to disclose to the Revenue Commissioners information contained in the register referred to in that section.”,
(c) by inserting the following subsections after subsection (4):
“(4A) An acknowledgement referred to in subsection (4) shall specify—
(a) the procedures for the return of the deposit and the requirement on the parties under this Act and the conditions, in respect of such return, referred to in section 12(4),
(b) the obligations on the parties referred to in sections 12(1)(d)(ii), 16(o) and 148A,
(c) that, without prejudice to paragraph (b) and the obligation on the parties under sections 12(1)(d)(ii)(III) and 16(o)(iii), all notifications relating to the return of the deposit referred to in section 12(1)(d) will be sent to the most recent address provided to the Board by each party, and
(d) that any interest that accrues on the deposit held by the Board will be retained by the Board in accordance with this Act.
(4B) Where an application under section 134 is received by the Board and is not accompanied by the deposit, or statement, referred to in section 135A(2), without prejudice to subsections (4) and (5), the Board shall, as soon as practicable, notify the parties in writing of the omission concerned and request the landlord to transmit such deposit or provide such statement not later than 14 days from the receipt of the notice under this subsection.
(4C) The notification in writing under subsection (4B) shall be in the prescribed form.”,
(d) by substituting the following subsection for subsection (5):
“(5) Where an application, other than an application referred to in subsection (6), under section 134 is received by the Board and the application is—
(a) incomplete, or
(b) not accompanied by—
(i) the fee referred to in section 134(3)(b)(i) or as the case may be section 134(3)(b)(ii), or
(ii) the fee referred to in section 134(3)(c), where that fee is required to be paid,
the Board shall notify the applicant of the omission concerned and specify a date by which the application is to be completed or the fee is to be paid.”,
and
(e) inserting the following subsections after subsection (5):
“(6) Where—
(a) an application under section 134 received by the Board is incomplete, and
(b) the Board, having regard to—
(i) the information provided with that application, and
(ii) the information required to be contained in the register pursuant to section 127(3),
is satisfied that the information provided with the application, is sufficient to effect the registration of the tenancy concerned,
the Board, having regard to the proper discharge by it of its functions under this Act and where in its opinion it is appropriate, may, subject to subsection (7), treat the application as complete for the purposes of this Part and register the tenancy concerned.
(7) Subsection (6) shall not apply where the deposit, or the statement, referred to in section 134(3A), have not accompanied the application under section 134.
(8) Where an application referred to in subsection (6) is received by the Board before the coming into operation of subsection (6), and has not been determined before such coming into operation, subsection (6) shall apply to such application.”.”.
Seanad amendment agreed to.
Seanad amendment No. 78:
Section 34: In page 21, between lines 29 and 30, to insert the following:
“Obligation to transmit deposit to Board
34. The Principal Act is amended by inserting the following sections after section 135:
“135A.(1)For the purposes of section 12(1)(d), where a deposit referred to in that section is paid by a tenant to his or her landlord on entering into the agreement for the tenancy or lease, the landlord shall, subject to subsection (2), transmit that deposit to the Board with the application for registration under section 134.
(2) Where a tenant has not paid a deposit referred to in subsection (1) to his or her landlord on entering into the agreement for the tenancy or lease, the application for registration under section 134 shall be accompanied by a statement, in the prescribed form, stating that the tenant has not paid a deposit referred to in subsection (1) to the landlord and that a deposit is not available to provide for a default referred to in section 12(4).
(3) For the purposes of subsection (1), where the landlord transmits a sum of money to the Board that is equal in value to the sum of the deposit, the sum transmitted to the Board shall be treated as the deposit paid to the landlord by the tenant.
(4) The Minister may make regulations relating to the manner in which the deposit referred to in subsection (1) may be transmitted to the Board and may include provision for the electronic transfer of the deposit.
Enforcement of obligations under section 135A
135B. (1)Where a notice under section 135(4B) is sent to a landlord and he or she does not transmit the deposit concerned or furnish the statement concerned within the period specified in that notice, the Board shall serve a further notice on the landlord stating that he or she is required to transmit the deposit concerned or furnish the notice concerned to the Board within 14 days of receipt by him or her of the further notice under this section and that where he or she fails to do so within that period, he or she is guilty of an offence.
(2) A person who fails to comply with the further notice under subsection (1) is guilty of an offence.
(3) It shall be a defence for a person charged with an offence under subsection (2) for the person to show that he or she took all reasonable steps to comply with subsection (1).”.”.
Seanad amendment agreed to.
Seanad amendment No. 79:
Section 34: In page 21, to delete lines 31 and 32 and substitute the following:
“(a) by designating that section as subsection (1),
(b) in subsection (1)—
(i) by deleting paragraph (e),
(ii) by deleting subparagraphs (i) and (ii) of paragraph (i), and
(iii) by inserting the following paragraph after paragraph (k):
“(ka) if a deposit referred to in section 134(3A) has accompanied the application, the amount of that deposit,”,
and
(c) by inserting the following subsection after subsection (1):
“(2) Nothing in subsection (6) of section 135 shall operate to affect the obligation under subsection (1).”.”.
Seanad amendment agreed to.
Seanad amendment No. 80:
Section 35: In page 21, between lines 32 and 33, to insert the following:
“Amendment of section 139 of Principal Act
35. Section 139 of the Principal Act is amended—
(a) in subsection (1), by substituting “, by a notice in writing in the prescribed form, the information specified in subsection (2)” for “the information mentioned in subsection (2) in the prescribed form”,
(b) by inserting the following subsection after subsection (1):
“(1A) The landlord and the tenant shall sign the notice referred to in subsection (1).”,
(c) by substituting the following subsection for subsection (2):
“(2) The notice referred to in subsection (1) shall—
(a) specify the amount of rent referred to in subsection (1) following the alteration referred to in that subsection,
(b) include a statement by the tenant that—
(i) he or she has knowledge of the provisions of Part 3, and
(ii) without prejudice to the generality of subparagraph (i), he or she has knowledge of the requirements, under section 19, for setting an amount of rent under a tenancy,
(c) include a statement by the landlord specifying the amount of rent sought for 3 dwellings—
(i) of a similar size, type and character to the dwelling that is the subject of the tenancy concerned, and
(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,
and
(d) include a statement in respect of a material change to particulars which have been entered in the register in respect of the tenancy where that change has occurred since—
(i) the tenancy was registered in the register, or
(ii) information in respect of those particulars was furnished to the Board under subsection (1).”,
and
(d) by inserting the following subsections after subsection (4):
“(5) Without prejudice to subsection (1), the Board shall, as soon as may be, update the register following the receipt by it of—
(a) information referred to in section 12(1)(d)(ii)(III), and
(b) information referred to in section 16(o)(iii).
(6) No fee shall be payable in respect of the furnishing to the Board of the information referred to in subsection (5).
(7) (a) Without prejudice to subsection (1), a landlord may, at any time, notify the Board in writing of—
(i) any changes in respect of particulars entered in the register, and
(ii) any additional particulars to be entered in the register,
in respect of the tenancy.
(b) In subsection (4), the reference to information shall include particulars notified under paragraph (a).
(8) In paragraph (d) of subsection (2), ‘amount of rent sought’ has the same meaning as it has in section 22.”.”.
Seanad amendment agreed to.
Seanad amendment No. 81:
Section 35: In page 21, between lines 32 and 33, to insert the following:
“New sections 148A to 148Q inserted into Principal Act
36. The Principal Act is amended by inserting the following sections after section 148:
“Obligation of parties in relation to return of deposit
148A.Without prejudice to sections 12(1)(d)(ii), 16(o), 148F(2) and 148I(3), for the purpose of the performance of the Board of its functions relating to the return of a deposit referred to in section 12(1)(d), a landlord and a tenant shall respond to a notification of the Board in respect of such return within the prescribed period that is specified, in regulations, for the notification concerned.
Return of deposit by Board
148B.The Board shall return a deposit transmitted to it by the landlord pursuant to section 134(3A), to one or, as the case may be, both parties—
(a) pursuant to an agreement between the parties, in respect of which an application is made under section 148C, as to such return or, as the case may be, pursuant to section 148G or 148J,
(b) where one or both parties have referred a dispute to the Board in respect of the return of the deposit and the Board has, under section 121, prepared and issued a determination order, such return shall be made—
(i) in accordance with the determination order concerned and, in the case of a determination order referred to in section 123(1), as soon as practicable after the determination order is issued to, and becomes binding on, the parties in accordance with section 123(1) or such other period as may be specified in the determination order,
(ii) in accordance with the determination order concerned and, in the case of a determination order referred to in section 123(2), as soon as practicable after the expiry of the relevant period (within the meaning of section 123(8)), or such other period as may be specified in the determination order,
(iii) where the determination order is appealed under section 123(3), in accordance with the final determination of those proceedings and as soon as practicable after such final determination or such other period as may be specified in the determination order or such final determination, or
(iv) where an application is made under section 124 in respect of the determination order before the deposit is paid, in accordance with the final determination of those proceedings and as soon as practicable after such final determination,
or
(c) in accordance with section 148L.
Agreement between the parties on the return of deposit
148C. (1) Where the landlord and tenant are in agreement in respect of the manner in which the deposit referred to in section 12(1)(d) is to be returned by the Board, an application may be made to the Board by both parties (in this Act referred to as a ‘joint agreed application’) in respect of the return of the deposit to one or both of the parties.
(2) A joint agreed application shall be made on, or as soon as practicable after, the end of the tenancy.
(3) A joint agreed application under this section shall include—
(a) the reference number, referred to in section 135(3), used by the Board for the tenancy concerned,
(b) the date on which the tenancy ended,
(c) a statement that the landlord and the tenant have agreed the manner in which the deposit is to be returned to one or both of the parties,
(d) having regard to the conditions referred to in section 12(4), a statement that—
(i) all of the deposit is to be returned to the tenant,
(ii) all of the deposit is to be returned to the landlord, or
(iii) the whole amount of the deposit is not to be returned to the tenant or the landlord and specifying the amount that is to be returned to each party,
(e) the address of the dwelling, and
(f) the address for correspondence, after the tenancy has ended, of the landlord and the tenant if the address has not been provided to the Board as required under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii).
(4) A joint agreed application shall be made in the prescribed form and each party shall state their agreement to the return of the deposit in the manner specified in the joint agreed application.
(5) A joint agreed application under this section shall be sent to the Board by the landlord.
(6) The Minister may make regulations under this section for the making of a joint agreed application and provision may be made for the making of the application by electronic means.
Return by Board of deposit where joint agreed application made under section 148C
148D. (1) Where the Board has received a joint agreed application under section 148C for the return of the deposit referred to in section 12(1)(d), it shall, as soon as practicable—
(a) acknowledge receipt of the joint agreed application to each party,
and
(b) return the deposit in accordance with the manner specified in the joint agreed application pursuant to section 148C(3)(d), unless one of the parties notifies the Board, in writing, within the prescribed period, that there is no agreement between the parties in respect of the manner in which all or part of the deposit is to be returned to one or both of them.
(2) Where the address provided for the landlord or tenant in the joint agreed application is different to the address furnished to the Board pursuant to—
(a) section 12(1)(d)(ii)(III), in the case of the landlord or, as the case may be, the address for correspondence furnished to the Board pursuant to section 136, or
(b) section 16(o)(iii), in the case of the tenant,
the Board shall notify the parties accordingly and require confirmation of the correct address for correspondence in respect of the return of the deposit.
(3) Where the Board does not receive a notification referred to in paragraph (b) of subsection (1) within the prescribed period, the Board shall, as soon as practicable, return the deposit in accordance with the joint agreed application.
(4) Where the landlord or the tenant notifies the Board of the matter specified in subsection (1)(b), the Board shall notify the parties, in writing, that—
(a) as there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d), and
(b) as the Board is required under section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with section 148B,
it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.
Seanad amendment agreed to.
Seanad amendment No. 82:
Section 36: In page 21, between lines 32 and 33, to insert the following:
“Amendment of section 151 of Principal Act
37. Section 151 of the Principal Act is amended, in subsection (1): by inserting the following paragraphs after paragraph (b):
“(ba) to retain deposits transmitted to it in accordance with this Act in one or more designated tenancy deposit accounts and to return the deposits to the parties concerned in accordance with this Act,
(bb) to retain the interest that accrues on a designated tenancy deposit account and use it to meet the costs of the performance by it of its functions under this Act,”.”.

As the proposer of amendment No. 1 to Seanad amendment No. 82 is not present, it cannot be moved.

Amendment No. 1 to Seanad amendment No. 82 not moved.
Seanad amendment agreed to.
Seanad amendment No. 83:
Section 39: In page 22, between lines 34 and 35, to insert the following:
“Amendment of section 177 of Principal Act
39. Section 177 of the Principal Act is amended by inserting the following subsection after subsection (3):
“(3A) Without prejudice to subsection (3), for the purpose of the performance by the Board of its functions under paragraphs (ba) and (bb) of section 151(1), the Director, under the direction of the Board, shall—
(a) cause to be kept on a continuous basis and in a legible or a machine readable form, all proper books and records of account of all income and expenditure of the Board pursuant to those functions,
(b) keep and shall account to the Board for all designated tenancy deposit accounts as the Minister or the Board, with the consent of the Minister, may from time to time direct should be kept, and
(c) cause to be kept on a continuous basis and in a legible or a machine readable form, and keep and shall account to the Board for, all accounts relating to the holding of interest that, pursuant to section 151(1)(bb), has been withdrawn in accordance with section 177B, from a designated tenancy deposit account.”.”.
Seanad amendment agreed to.
Seanad amendment No. 84:
Section 39: In page 22, between lines 34 and 35, to insert the following:
“Designated tenancy deposit account
40. The Principal Act is amended by inserting the following sections after section 177:
“177A. (1) The Board shall cause to be maintained one or more bank accounts for the purpose of holding deposits transmitted to it in accordance with this Act (in this Act referred to as a ‘designated tenancy deposit account’) for the purpose of the performance by it of its functions under paragraph (ba) of section 151(1).
(2) The Board shall cause to be retained in a designated tenancy deposit account all of the following:
(a) a deposit transmitted to it in accordance with this Act;
(b) interest that accrues on such designated tenancy deposit account until the interest is withdrawn in accordance with section 177B.
(3) The Board shall cause a deposit transmitted to it under section 134(3A) to be lodged into a designated tenancy deposit account as soon as practicable following such transmission.
(4) The Board shall not cause to be withdrawn any sum from a designated tenancy deposit account unless the withdrawal—
(a) is for the purpose of returning a specified deposit to one or both parties in accordance with this Act, or
(b) is made in respect of withdrawing interest under section 177B.
(5) Without prejudice to section 177, the Board shall cause records of all deposits transmitted to it and lodged in a designated tenancy deposit account to be maintained and shall cause such records to be maintained in a manner that permits a deposit held in a designated tenancy deposit account to be, at all times, attributable to the landlord who transmitted it to the Board and the tenancy to which, and tenant to whom, it relates.
(6) For the avoidance of doubt—
(a) references in section 177(1) to income and expenditure shall include the income and expenditure arising from the performance by the Board of its functions under paragraphs (ba) and (bb) of section 151(1), and
(b) references in section 178(1) to books or other records of account shall include books or other records of account relating to designated tenancy deposit accounts and accounts referred to in section 177(3A)(c).
Withdrawal by Board of interest from designated tenancy deposit account
177B. (1)The Board shall, for the purposes of the withdrawal of moneys representing the interest which has accrued on a designated tenancy deposit account, direct the manner in which, and the times at which, interest that has accrued on a designated tenancy deposit account is to be withdrawn from that account and placed in a bank account referred to in subsection (2).
(2) The Board shall cause to be maintained one or more bank accounts for the purpose of holding interest that is withdrawn from a designated tenancy deposit account for the purpose of the performance by it of its functions under section 151(1)(bb).
(3) For the purposes of the performance of its functions under section 151(1)(bb), the Board may, subject to section 177A(4), withdraw the moneys, representing the interest which has accrued on a designated tenancy deposit account, from a designated tenancy deposit account.”.”.
Seanad amendment agreed to.
Seanad amendment No. 85:
Section 39: In page 22, between lines 34 and 35, to insert the following:
"Amendment of section 180 of Principal Act
41. Section 180 of the Principal Act is amended by inserting the following subsection after subsection (4):
"(5) Without prejudice to subsections (2) to (4), each annual report shall include information regarding the holding and return of deposits by the Board and any other information as the Minister may direct.".".
Seanad amendment agreed to.
Seanad amendment No. 86:
Section 39: In page 22, between lines 34 and 35, to insert the following:
"Reports to Minister concerning determination of complaints under section 76A
42. The Principal Act is amended by inserting the following section after section 180:
"180A. (1) Without prejudice to section 180, the Board shall, not later than 6 months after the coming into operation of section 76A, make a report to the Minister in such form as the Minister may approve, on the performance of its functions under that subsection and in respect of the determination of complaints under section 76A and appeals against determinations of those complaints.
(2) The Board shall, not later than 6 months after the day on which the report under subsection (1) was made, make a further report to the Minister in respect of the same matters provided for in that subsection.
(3) Following the making of the report referred to in subsection (2), the Board shall include in its annual report under section 180 the matters provided for in subsection (1).".".
Seanad amendment agreed to.
Seanad amendment No. 87:
Section 50: In page 25, to delete lines 27 to 37.
Seanad amendment agreed to.
Seanad amendment No. 88:
Section 51: In page 26, to delete lines 1 to 5.
Seanad amendment agreed to.
Seanad amendment No. 89:
Section 52: In page 26, to delete lines 6 to 48 and in page 27, to delete lines 1 to 44.
Seanad amendment agreed to.
Seanad amendment No. 90:
Section 53: In page 27, to delete lines 45 to 47 and in page 28, to delete lines 1 to 8.
Seanad amendment agreed to.
Seanad amendment No. 91:
Section 54: In page 28, to delete lines 9 to 12.
Seanad amendment agreed to.
Seanad amendment No. 92:
Section 55: In page 28, to delete lines 13 to 15.
Seanad amendment agreed to.
Seanad amendment No. 93:
Section 56: In page 28, to delete lines 16 to 24.
Seanad amendment agreed to.
Seanad amendment No. 94:
Section 57: In page 28, to delete lines 25 to 31.
Seanad amendment agreed to.
Seanad amendment No. 95:
Section 58: In page 28, to delete lines 32 to 39 and in page 29, to delete lines 1 to 20.
Seanad amendment agreed to.
Seanad amendment No. 96:
Section 59: In page 29, to delete lines 21 to 26.
Seanad amendment agreed to.
Seanad amendment No. 97:
Section 60: In page 29, to delete lines 27 to 35.
Seanad amendment agreed to.
Seanad amendment No. 98:
Section 61: In page 29, to delete lines 36 to 48 and in page 30, to delete lines 1 to 7.
Seanad amendment agreed to.
Seanad amendment No. 99:
Section 62: In page 30, to delete lines 8 to 34.
Seanad amendment agreed to.
Seanad amendment No. 100:
Section 65: In page 31, to delete lines 16 to 20 and substitute the following:
" "(ea) by providing a dwelling of which the housing authority is the owner (including a house provided under Part V of the Planning and Development Act 2000) to another housing authority referred to in subsection (1)(a) or a body referred to in subsection (1)(b), under a contract or lease between the housing authority which owns the dwelling concerned and another housing authority referred to in subsection (1)(a) or a body referred to in subsection (1)(b);".".
Seanad amendment agreed to.
Seanad amendment No. 101:
Schedule: In page 32, to delete lines 9 to 12.
Seanad amendment agreed to.
Seanad amendment No. 102:
Schedule: In page 32, to delete line 17.
Seanad amendment agreed to.
Seanad amendment No. 103:
Title: In page 5, line 25, after "1983;" to insert the following:
"to provide for the Private Residential Tenancies Board to hold, and return, deposits paid by tenants to landlords, for any interest received from the holding of such deposits by the Private Residential Tenancies Board to be retained by it for its use in respect of its performance of its functions under the Residential Tenancies Acts 2004 to 2015; to amend the Housing (Miscellaneous Provisions) Act 1992; in accordance with the exigencies of the common good, to provide, for a certain period, for the regulation of reviews of rent; to amend the periods of notice for the setting of new rents and the periods of notice for certain tenancy terminations;".
Seanad amendment agreed to.
Seanad amendments reported.