The Residential Tenancies (Amendment) Act, 2019 (“the 2019 Act”) became effective from the 4 June 2019.
Termination Obligation and Procedures.
The 2019 Act, imposes significant new termination obligations and procedures on landlords, including:
The rules relating to the circumstances giving rise to a right of the landlord to terminate the tenancy have also changed:
If that property subsequently becomes available for letting after the refurbishment is completed, it must be re-offered to the tenant and there is no time limit applicable to this obligation (i.e. if it becomes available at any time in the future – this was extended from the previous time period of 6 months).
If that property subsequently becomes available for letting after the Termination Date, within a period of 12 months (up from 6 months), it must be re-offered to the tenant.
With effect from the 4 June 2019 there are new longer Notice Periods which must be allowed to tenants, they being:-
|Length of Tenancy||Notice that landlord must give|
|Less than 6 months||28 days|
|6 months or longer but less than 1 year||90 days|
|1 year or longer but less than 3 years||120 days|
|3 years or longer but less than 7 years||180 days|
|7 years or longer but less than 8 years||196 days|
|More than 8 years||224 days|
The 2019 Act introduces a new annual registration requirement, whereby not only will landlord’s be required to register the tenancy with the RTB at the tenancy commencement date, but they will also be obliged to re-register the tenancy annually thereafter for the duration of the tenancy.
This requirement has not yet been implemented but is expected to commence in early 2020.
Rent Pressure Zones
The 2019 Act provides that the existing Rent Pressure Zones (RPZ) will be extended up until 2021 and a list of the RPZ’s can be found on the RTB website.
The 2019 Act did impose certain exemptions for previously un-let properties, however, it also introduced a new suite of RPZ criminal offences. It is now a criminal offence for a landlord to:-
Amongst other things, in relation to RPZs, the 2019 Act introduces new notice requirements and extends the period on the restriction of rent reviews to every two years, up to the end of 2021.
Landlords should be aware of these changes and all other changes brought about by the 2019 Act.
If you wish to discuss the provisions of the 2019 Act, and its potential implications to you, please contact Sally Alford or Keith McConnell of our Property Department.