First Previous (PART 2 Amendment of Residential Tenancies Act 2004)

14 2019

RESIDENTIAL TENANCIES (AMENDMENT) ACT 2019

PART 3

Miscellaneous Provisions

Repeal of certain provisions of Residential Tenancies (Amendment) Act 2015

36. The following provisions of the Residential Tenancies (Amendment) Act 2015 are repealed:

(a) paragraph (g) of section 16;

(b) paragraphs (d) and (e) of section 17;

(c) paragraphs (b), (c) and, in so far as it relates to the insertion of subsection (8) into section 139 of the Act of 2004, paragraph (d) of section 63.

Application of Act of 2004 to certain licences

37. (1) The Act of 2004 shall apply to licences and licence agreements as it applies to tenancies of dwellings referred to in subsection (1A) of section 3 of that Act and tenancy agreements relating to such tenancies, subject to the following, and any other necessary, modifications:

(a) references to tenancy shall be construed as references to licence;

(b) references to tenancy agreement shall be construed as references to licensing agreement;

(c) references to landlord shall be construed as references to licensor;

(d) references to tenant (other than a tenant to whom the definition of “multiple tenants” in subsection (1) of section 48 applies) shall be construed as references to licensee;

(e) references to dwelling shall be construed as references to a residential unit (whether or not self-contained) situated in student accommodation;

(f) references to rent shall be construed as references to payments or charges (howsoever described) payable under a licence agreement to the licensor by any person (whether or not the licensee) in consideration of the licence concerned; and

(g) the deletion, in paragraph (a) of subsection (1) of section 12, of the words “and exclusive”.

(2) In this section—

“licence” means a licence—

(a) given by the owner (in this section referred to as the “licensor”) of student accommodation to a student (in this section referred to as the “licensee”), and

(b) created not earlier than one month after the commencement of this section,

permitting the licensee to enter and reside in a residential unit (whether or not self-contained) within that student accommodation in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor;

“licence agreement” means an agreement (whether or not in writing) between the owner of student accommodation and a student giving a licence to the student;

“owner” has the meaning assigned to it by section 96 of the Planning and Development Act 2000;

“student” means a person registered as a student with a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012);

“student accommodation” means a building, or part of a building, used for the sole purpose (subject to paragraphs (a), (b) and (c)) of providing residential accommodation to students during academic term times under a licence—

(a) whether or not the building or part of the building concerned is used for any other purpose outside of those times,

(b) whether or not any such students are permitted to reside there outside of those times, and

(c) whether or not any person other than a student resides there, provided that the purpose of the person’s residing there serves the first-mentioned purpose,

but does not include a building or part of a building used for the first-mentioned purpose where the licensor (other than a licensor who is not an individual) also resides in the building or part of the building concerned.

Amendment of Planning and Development Act 2000

38. The Planning and Development Act 2000 is amended by the insertion of the following section:

“Short term lettings

3A. (1) The use of a house or part of a house situated in a rent pressure zone for short term letting purposes is a material change in use of the house or part thereof, as the case may be.

(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority.

(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.

(4) This section shall not operate to abrogate or amend the law with regard to—

(a) lettings (including short term lettings) outside a rent pressure zone, or

(b) lettings (other than short term lettings) in a rent pressure zone.

(5) In this section—

‘rent pressure zone’ means—

(a) any area standing prescribed for the time being under section 24A of the Residential Tenancies Act 2004, or

(b) an administrative area deemed to be a rent pressure zone under section 24B of that Act;

‘short term letting’ means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.”.