Archives for Landlord Legislation

Important – Preventing A Further Part 4 /Acquiring Part 4 Rights

10th November, 2020 The recent changes to legislation (Residential Tenancies Act 2020) do not restrict you from serving a Notice of Termination during the Level 5 Restrictions/emergency period.  There may be a revised date on the termination but you will serve it as normal giving the required notice period. Additional time may be given in accordance with the Residential Tenancies Act 2020, this will be added to the notice after it is served.   Acquiring A Part 4 Right If you planned to serve a Notice of Termination in the first six months of a tenancy to prevent a tenancy
Read More

Categories: Landlord Legislation, Property Management, and Uncategorized.

Additional Protections For Tenants

The Residential Tenancies Act 2020  was debated in the Dáil and Seanad on the 22nd and 23rd October and signed into law by President Higgins on the 24th October. 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
Read More

Categories: Landlord Legislation and News.

Continuing Changes To Legislation

As a result of the Covid-19 Pandemic, August 2020 brought with it more changes to the Residential Tenancies Act. The 2020 Act provides modified protections for certain tenants to replace those introduced under initial covid-19 emergency legislation. The Act also ensures that the Residential Tenancies Board must be on notice and involved at the outset with proposals to terminate tenancies generally for non-payment of rent. The responsibility is on the Landlord to understand how these changes apply in practice for the limited period of their application. Landlords also need to quickly adapt to the procedural changes introduced.  It is vitally
Read More

Categories: Landlord Legislation.

Company Law Changes Affecting Owners’ Management Companies

With effect from Friday 21 August, OMCs may hold AGMs and voting electronically, notwithstanding the provisions of a company’s constitution. AGMs due in 2020 may be deferred to a date up to the end of this year, irrespective of other company law timing requirements. These measures facilitate the passing of budgets, setting services charges and conduct of other business during the pandemic period without an in person meeting of members/owners at a physical venue. Changes apply on an interim basis to 31 December 2020, with the potential for extension. The press link to their website which you will be able
Read More

Categories: Landlord Legislation and News.

Important – Rent Arrears New Process

  A new process for rent arrears has been introduced as of the 2nd August 2020.   The rent arrears procedure is an eight step process and is more onerous, complicated and involved than the previous process.   New temporary protections are in place for tenants who are unable to pay their rent due to Covid-19.  A tenant must serve a Self-Declaration Form on a landlord to avail of the protection.   The RTB have produced a guidance document on rent arrears as a result of Covid-19, outlining the required steps which can be accessed here.   A document has
Read More

Categories: Landlord Legislation and Property Management.

New Legislation – Important Information Landlords Should Be Aware Of

The Residential Tenancies and Valuation Act 2020 became law on the 2nd August 2020, and the protections provided in the Emergency Measures in the Public Interest (Covid-19) Act 2020 expired.   Rent Arrears The Act sets out new protections for tenants who have fallen into rent arrears, and as a result, are at risk of losing their tenancy. These tenants can receive additional protections to remain in their tenancy without any increase in rent until 11 January 2021. To qualify for these supports, tenants must fill in and sign a Self-Declaration form if they meet the below criteria. Tenants who are
Read More

Categories: Landlord Legislation.

Residential Tenancies and Valuation Act 2020 Now Law

On 2nd August 2020, the Residential Tenancies and Valuation Act 2020 became law and at the same time, the protections introduced in the Emergency Measures in the Public Interest (Covid-19) Act 2020 expired. The Act 2020 sets out new protections where a tenant has fallen into rent arrears. There are new processes around rent arrears: • Further protections and obligations have been introduced for tenants in financial difficulty as a result of Covid-19 • Increased obligations on the service of documentation around rent arrears on all tenancies. • Not all tenants in arrears are protected Rent increases already served will
Read More

Categories: Landlord Legislation and News.