Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 4.

In page 8, line 42, to delete “and” and substitute the following:

"(f) section 120 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4), and".

Amendments Nos. 4, 5 and 9 are technical amendments which arise out provisions inserted on Committee Stage relating to approved housing body tenancies. Amendments Nos. 4 and 5 provide that section 120 of the Residential Tenancies Act 2004 will not apply to approved housing body tenancies. Section 120 relates to the setting of rent in relation to a tenancy and is construed in accordance with section 19. Approved housing bodies use the differential rents scheme. Amendments were introduced on Committee Stage to exclude them from the provisions of the Act dealing with market rent, including section 19. As approved housing bodies are exempt from section 19 and their financial circumstances are expressly taken into account in calculating their rent they must be excluded from section 120.

Amendments Nos. 4 and 5, therefore, are consequential amendments to provide that section 120 will not apply to approved housing bodies. Amendment No. 9 provides for two technical drafting amendments to section 144 of the Residential Tenancies Act 2004. These amendments arise out of the fees provisions for approved housing bodies, which were inserted on Committee Stage and which also provide for the same arrangements for late registration of tenancies for approved housing body landlords as for private rented sector landlords.

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