IPOA is investigating the ramifications of the legislation and the effect it will have on tenancies. Below are our initial observations but do not take this as legal interpretation.
- The Residential Tenancies Act 2020 is effective from the 24th October and provides additional protection to tenants.
- It provides for these protections to automatically activate when the Minister of Health makes relevant regulations which impose restrictions on travel outside a 5 kilometre radius of a person’s place of residence for the prescribed period. The Minister of Health has powers to make regulations under section 31A of the Health Act 1947 to prevent the spread of infectious diseases.
The protections apply to all terminations except termination for the following:-
- Anti-social Behaviour
- Acts of tenant that would invalidate the insurance policy on the dwelling
- Using the dwelling for a purpose other than as a dwelling without owners consent
- Threatening the fabric of the dwelling
- A tenant who has remained in accommodation after the termination date (of a valid notice of termination) is protected and entitled to remain in occupation until 10 days after the emergency period ends unless the basis of the termination was for the exceptions outlined above.
- In a situation where the notice of termination was served before or during the emergency period and the termination date falls during or after the emergency period, the revised termination date appears to be made up by adding the following:-
unexpired period of notice + emergency period + 10 days
- If the notice of termination was served before the March Emergency period or if a subsequent emergency period is introduced these paused periods will also have to be taken into account.
This is a cursory look at the legislation, over the next period of time we will get clarification and legal interpretation and will keep you informed. A copy of the Residential Tenancies Bill 2020 is available here. It was enacted as initiated but has not as yet been updated on Government website.
Don’t Be Overwhelmed By The New Legislation
Talk To IPOA – 01-8276000