Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

This relates to section 16 of the Bill. This section deals with AHBs, upon which we have been touching. Section 16 of the Bill amends section 137A of the 2004 Act, which provides for tenancy registration fees in respect of AHB tenancies. The Bill amends the existing AHB registration fee to reflect the new requirement to register tenancies on an annual basis. The Bill provides that an AHB tenancy registration fee will be just half the usual amount payable by private landlords. These amendments to section 16 of the Bill propose to better refine the text of section 137A of the Act. The key changes are as follows. Section 137(1) of the Act is amended to provide that following the move to annual registration, a fee of €20 will apply to a tenancy registration upon commencement and on an annual basis thereafter. The current registration fee is €90 upon commencement of the tenancy. The RTB will continue to have the power under section 138(1)(a) of the Act to vary the registration fee in line with changes in the value of money.

Section 137A(4) of the Act deals with the single registration fee that applies where a landlord simultaneously applies to register up to ten tenancies. In line with section 16 of the Bill, following the move to annual registration, the single registration fee payable in such circumstances will be €85 both upon tenancy commencement and upon subsequent annual registrations.

Section 137A(6) of the Act, which relates to the fee for late registration of an AHB tenancy, is being refined in line with section 16 of the Bill but with the following key difference. Currently, under section 137A(6), the late fee in respect of AHB tenancy registration amounts to an extra €20 for every month or part thereof during which the registration remains outstanding. Under section 137A(7) of the Act, an overall cap of €240 applies to the fee payable by an AHB to register a tenancy. The fee of €240 includes the original €90 registration fee.

With the move to annual registration, the Bill provided for a once-off late fee of €10, which is 50% of the annual registration fee of €20, to be paid in addition to the annual fee. On reflection and having received advice from the RTB, amendment No. 82 proposes to more strongly incentivise compliance by AHBs with the requirement to register tenancies by applying a late fee of €5 for each month or part thereof that the registration remains outstanding. A new subsection (2) to section 16 of the Bill will clarify in law that the fees for any registration that should have been made prior to these amendments to section 137A coming into force will be required to be paid in line with the existing registration fee structure, that is, €90 per tenancy registration and €20 per month if late, subject to an overall cap of €240. The other associated changes are of a consequential or technical nature or both.