Residential Tenancies (Amendment) Act 2015

Amendment of section 134 of Principal Act

16. Section 134 of the Principal Act is amended—

(a) in subsection (2), by substituting “Subject to subsection (2A), an application” for “An application”,

(b) by inserting the following subsection after subsection (2):

“(2A) Where an application under this section is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4), an application under this section in respect of such tenancy shall be made—

(a) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

(b) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation—

(i) within 12 months from the day on which section 3(4) comes into operation, or

(ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

(c) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy.”,

(c) by substituting the following subsection for subsection (3):

“(3) An application under this section shall—

(a) be in the prescribed form,

(b) subject to subsections (4) and (7), be accompanied by—

(i) subject to subparagraph (ii), the fee referred to in section 137(1)(b)(ii), or

(ii) in the case of a tenancy referred to in subsection (2A), the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b),

and

(c) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee.”,

(d) by inserting the following subsection after subsection (3):

“(3A) Where a deposit referred to in section 12(1)(d) —

(a) has been paid to the landlord, the application under this section shall, pursuant to section 135A(1), be accompanied by the deposit, or

(b) has not been paid to the landlord and a statement referred to in section 135A(2) is, pursuant to that section, required to be furnished to the Board, the application under this section shall be accompanied by that statement.”,

(e) in subsection (4) —

(i) by substituting “requirements” for “requirement”,

(ii) by substituting “do” for “does”, and

(iii) by substituting “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii) ” for “subsection (2)(a) or (b) ”,

(f) in subsection (5) —

(i) in paragraph (a), by inserting “or where the applications are made pursuant to subsection (2A), the fee specified in section 137A(1)(a) or as the case may be the fee specified in section 137A(1)(b),” after “section 137,”,

(ii) in paragraph (a), by substituting “subsection (2)(a), (2)(b), (2A)(i), (2A)(ii) or (2A)(iii) ” for “subsection (2)(a) or (b) ”, and

(iii) by substituting the following paragraph for paragraph (b):

“(b) the applicant has paid—

(i) in respect of several applications falling within section 137(3), the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

(ii) in respect of several applications falling within section 137A(3), the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling,”,

and

(g) by inserting the following subsection after subsection (6):

“(7) The requirement, in subsection (3), for an application to be accompanied by a fee shall not apply to an application to register a further Part 4 tenancy pursuant to section 135(1)(c) if the application to register a further Part 4 tenancy is made within the period specified—

(a) in subsection (2)(a) or (2)(b), or

(b) in subsection (2A)(i), (2A)(ii) or (2A)(iii).”.