30th July 2020
Question:
I desperately require my rental property for my own use. I was in the process of arranging a notice of termination for personal use when the Covid-19 Emergency Legislation was introduced.
Is there any update on when I can proceed with a termination notice?
Response:
Minister O’Brien announced recently that the rent freeze and eviction moratorium, which was due to expire on the 20th of July, is extended until 1 August 2020.
The Residential Tenancies and Valuation Bill 2020 which has passed stage one in the Dáil is new legislation being introduced. Our understanding is that the aim of the Bill is:
- to help protect tenants who are in rent arrears as a result of Covid-19 and
- to prevent rent increases from taking effect on them until after 11th January 2021
It does not appear to prevent the service of notice for other reasons under section 34, eg anti-social behaviour, selling, own use, overcrowding etc. There is currently a restriction on these until after 1st August 2020.
In your case we understand that you can commence your termination notice for personal use after the 1st August 2020 providing you provide correct notice and all your paperwork is issued correctly.
Please note that the new legislation is at Bill stage and not law yet and subject to change. Please do not consider this a legal interpretation.
Contact IPOA For Advice & Support – info@ipoa.ie
