Oireachtas Joint and Select Committees

Thursday, 11 April 2019

Select Committee on Housing, Planning and Local Government

Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage

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

I move amendment No. 79:

In page 12, to delete lines 22 to 35, and in page 13, to delete lines 1 to 26 and substitute the following:

15.(1) Section 137 of the Act of 2004 is amended— (a) by the substitution of the following subsection for subsection (1):
“(1) (a) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—
(i) in the case of an application (other than an application referred to in paragraph (b)) made during the period of 12 months after the commencement of section 15 of the Residential Tenancies (Amendment) Act 2019, be €40, and

(ii) in the case of an application (other than an application referred to in paragraph (b)) made after that period—

(I) be €40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.
(b) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—
(i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3of the Residential Tenancies (Amendment) Act 2019, be €40, or

(ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period –

(I) be €40, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,
(b) in subsection (2), by the substitution of “that a fee referred to in subsection (1)” for “for a fee specified in this section to”,

(c) by the substitution of the following subsection for subsection (4):
“(4) (a) The amount of the single fee referred to in subsection (2) shall—
(i) if the applications (other than an application referred to in paragraph (b)) concerned are made during the period of 12 months after the commencement of section 15of the Residential Tenancies (Amendment) Act 2019, be €170, or

(ii) if the applications (other than an application referred to in paragraph (b)) concerned are made after that period—

(I) be €170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.
(b) The amount of the single fee referred to in subsection (2) shall—
(i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3of the Residential Tenancies (Amendment) Act 2019, be €170, or

(ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

(I) be €170, or

(II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.”,”.

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