Consultation Paper on the General Law of the Landlord and Tenant

F Return of Deposit6.23 Section 12(1)(d) of the Residential Tenancies Bill 2003would impose an obligation on landlords of dwellings to return orrepay any deposit paid by the tenant on entering into the agreementfor the tenancy or lease, but not if at the date of the request for returnof payment, rent is overdue or the tenant has caused a deterioration inthe condition of the premises. The Commission inclines to the viewthat this is very much a matter likely to give rise to disputes in theresidential context. The Commission provisionally recommends thatthere is no need to extend the provisions of section 12(1)(d) of theResidential Tenancies Bill 2003 to other categories of tenancies.G Registration of Tenancies6.24 Part 7 of the Residential Tenancies Bill 2003 proposes toreplace the requirement of landlords of dwellings to register theirtenancies with the local housing authority, 80 with a new schemerequiring registration with the Private Residential Tenancies Board tobe established under Part 8 of the Bill. Again the Commission isinclined to view this as a matter to be confined to the residentialsector. The Commission provisionally recommends that Part 7 of theResidential Tenancies Bill 2003 should not be extended to othercategories of tenancies.80Registration relating to dwellings formerly controlled under the RentRegistration Acts 1960-81 is governed by the Housing (Private RentedDwellings) Regulations 1982 (SI No 217 of 1982, made under section 24of the Housing (Private Rented Dwellings) Act 1982). A schemegoverning a much wider range of dwellings was introduced by the Housing(Registration of Rented Houses) Regulations 1996 (SI No 30 of 1996,made under section 20 of the Housing (Miscellaneous Provisions) Act1992).108