Archives for Landlord Legislation

Tenant Protections Extended

The protections for tenant in place since the 31st December have been extended to the 5th March 2021. The Residential Tenancies Act 2020 also introduced a 10-day grace period for ending tenancies, which means the earliest anyone has to leave their accommodation during this Level 5 emergency period is 15th March 2021.   Please note:-   Level 5 does not restrict the serving of a Notice of Termination.  There may be a revised date on the termination but you may serve it giving the normal required period of time.  The additional time resulting from the increased protection will be added to the
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Categories: Landlord Legislation and News.

Important – Legislation Update

13th January, 2021 Part 3 of the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) was enacted on 19 December 2020 to provide for temporary modifications to the operation of the Residential Tenancies Act 2004.   During the period from 11 January up to and including 12 April 2021 and subject to certain conditions, a 90-day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. The earliest termination date allowed in such circumstances is 13 April 2021. Rent increases are
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Categories: Landlord Legislation and News.

Further Amending To The Residential Tenancies Act 2004

21st December, 2020 President Higgins signed the Planning and Development, and Residential Tenancies Bill 2020 into Law on the 19th December 2020, further amending the Residential Tenancies Act 2004.   From a cursory reading we note the following:- It extends the protections for tenants in arrears as a result of Covid-19 from 11th January 2021 to 12th April 2021 and prevents rent increases for these tenants during the period.   The new protections shall apply where the tenant: makes the necessary written declaration, that he or she is unable to pay rent due on foot of Covid-19, and is at
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Categories: Landlord Legislation and News.

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
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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
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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
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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
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Categories: Landlord Legislation and News.