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Section 47 of the Environment (Miscellaneous Provisions) Act 2015 inserts a new Section 23A into the Water Services (No. 2) Act 2013. This section was commenced and entered into force on the 1st October 2015.
The new Section 23A(4) provides that where a non-occupying property owner (i.e. landlord) has not provided the tenant’s details to Irish Water within 20 days of the commencement of Section 23A or 20 days of the commencement of the tenancy if later, then the property owner shall be responsible for the charges levied by Irish Water until the property owner complies with their obligations.
Therefore if a property owner is in any doubt as to whether or not their tenants are registered then they should write to Irish Water and advise them of the tenants’ details. Irish Water’s address is P.O. Box 860, South City Delivery Office, Cork City.
The new provision requires Irish Water to be notified as to the date of commencement of the tenancy and the name of each person with whom the owner has the Tenancy Agreement for the occupation of the dwelling.
In respect of new tenancies commencing after the 1st October 2015 Irish Water must be notified within 20 days of the change of occupier of the dwelling.
It should also be noted that Section 23A(5)(a) provides that unless a Tenancy Agreement provides to the contrary any Agreement entered into after the 1st October 2015 shall be deemed to include a provision that the occupier shall pay Irish Water any charges in respect of the dwelling from the date on which the Agreement commences until the date on which the occupier vacates the dwelling.
