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27 2004

Residential Tenancies Act 2004


Private Residential Tenancies Board

Chapter 1

Establishment and principal functions of Board

Establishment day.

149. —The Minister shall by order appoint a day to be the establishment day for the purposes of this Part.

Establishment of Board.

150. —(1) On the establishment day there shall stand established a board to be known as An Bord um Thionóntachtaí Cónaithe Príobháideacha or, in the English language, the Private Residential Tenancies Board (in this Act referred to as “the Board”) to perform the functions conferred on it by this Act.

(2) The Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land, or an interest in land and to acquire, hold and dispose of any other property.

(3) The Board shall, subject to the provisions of this Act, be independent in the performance of its functions.

(4) The Board shall have all such powers as are necessary or expedient for or incidental to the performance of its functions under this Act.

Functions of Board.

151. —(1) The principal functions of the Board shall be—

(a) the resolution of disputes between tenants and landlords in accordance with the provisions of Part 6,

(b) the registration of particulars in respect of tenancies in accordance with the provisions of Part 7,

(c) the provision to the Minister of advice concerning policy in relation to the private rented sector,

(d) the development and publication of guidelines for good practice by those involved in the private rented sector,

(e) the collection and provision of information relating to the private rented sector, including information concerning prevailing rent levels,

(f) where the Board considers it appropriate, the conducting of research into the private rented sector and monitoring the operation of various aspects of the private rented sector or arranging for such research and monitoring to be done,

(g) the review of the operation of this Act (and, in particular, Part 3) and any related enactments and the making of recommendations to the Minister for the amendment of this Act or those enactments,

(h) the performance of any additional functions conferred on the Board under subsection (3).

(2) The Board shall provide information to the Minister on such matters related to its functions and the private rented sector as may be requested by the Minister from time to time.

(3) The Minister may, if he or she so thinks fit or if so requested by another Minister of the Government, after consultation with—

(a) the Board,

(b) that other Minister of the Government, and

(c) the Minister for Finance,

by order—

(i) confer on the Board such additional functions connected with the functions for the time being of the Board or activities that the Board is authorised for the time being to undertake as he or she considers appropriate,

(ii) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Board of functions under this subsection or the performance by the Board of functions so conferred.

(4) In this section “private rented sector” means the sector of commercial activity in the State consisting of the letting of dwellings.

Model lease.

152. —(1) Guidelines published under section 151 (1)(d) may include a precedent for a model lease of a dwelling.

(2) Such a precedent shall—

(a) contain all of the provisions necessary to make the lease of the dwelling concerned an instrument which is consistent with this Act and any other relevant enactments,

(b) be worded, so far as is practicable, in plain language, and

(c) to the extent necessary having regard to the requirements of paragraph (a), contain provisions best calculated to ensure harmonious relations between the parties to the lease as regards their conduct towards one and another in their capacity as such parties.