7th May 2020
Question:
(a) My Tenants have vacated my property and I am putting the property back up for rent. The property is outside an RPZ. Does the emergency legislation prevent me from charging market rent to the new tenant?
(b) I have tenants who have left a property, the property is in a Rent Pressure Zone. Can the 4% be applied as per the formula increasing the rent for the new tenants?
Response:
We have received guidance from the RTB, we understand that any rent set in respect of a new tenancy may, in accordance with the Residential Tenancies Acts 2004-2019, incorporate a rent increase on the rent last set under the previous tenancy; however, any higher new rent set will only become payable with effect from the day after the expiry of the Covid-19 emergency period.
No increase is payable in respect of any period falling during the Covid-19 emergency period, we understand this to include new tenancies.
This would mean in both instances outlined above in (a) and (b) you can apply a rent increase for the new tenancies but the new rent cannot come into effect until the day after the expiry of the Covid-19 emergency period.
Queries on the emergency legislation are being clarified on a daily basis, as soon as we receive new information we will update our members.