26th May 2020
Question:
There has been no tenancy in my property since January 2017, the property is in a rent pressure zone. I now wish to re-let the property. I understand that as there has been no tenancy for the immediate past 2 years I can set the rent at market rate. Does the emergency legislation now in place have any impact on this?
Response:
With regards to the following RPZ Exemption:
- no tenancy existed in respect of the dwelling during the two years immediately prior to this current tenancy beginning
We have referred to the RTB and understand that the emergency legislation does not impact this RPZ exemption.
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.
In your case you may choose to set the rent at market rent.
Please note though that whilst the new rent may be set at market rent, the difference in the old rent and new rent (higher amount) can only become payable with effect from the day after the expiry of the Covid-19 emergency period, despite the fact it is a new tenancy.
Do not forget your obligation to register with the RTB and as an RPZ exemption is being availed of when setting rent, the RTB must be notified in writing using the prescribed form.
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