Archives for Landlord Query of the Week

Rent Arrears / Termination – What Do I Do Next?

Rent Arrears / Termination – What Do I Do Next?

31st August, 2020 Question: My tenant did not pay any rent during Covid-19, I have served a warning notice and now want to proceed with a termination – Can I do this? What do I need to do?   Response: During the emergency period you were permitted as you did to serve a rent arrears warning notice, if the tenancy was less six months the amount of time to be provided in the warning notice to remedy the breach was 28 days. For tenancies over 6 months reasonable amount of time must have been given to remedy the breach. You
Read More

Categories: Landlord Query of the Week.
Can I Serve A Notice Of Termination?

Can I Serve A Notice Of Termination?

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
Read More

Categories: Landlord Query of the Week.
Rent Increase/Review – Emergency Period.

Rent Increase/Review – Emergency Period.

16th June 2020 Question: I served a rent review notice to my tenants at the end of January 2020 to come into effect the end of April 2020. I understand that there can be no rent increases actioned during the emergency period and therefore the increase was not applied. Do I need to re-issue the rent review notice after the emergency period and give another 90 days’ notice?   Response: Rent increases are prohibited during the COVID–19 emergency period. Tenants are still required to pay rent to their landlord during this emergency period. However, Rent Review notices may be served
Read More

Categories: Landlord Query of the Week and Uncategorized.
Building Energy Rating (BER) Certificate Requirement

Building Energy Rating (BER) Certificate Requirement

5th June, 2020 Question: I am a relatively new Landlord; I purchased a property with tenants in Situ 2 years ago, the tenants remain in the property. One of the tenants recently advised me that he was making a complaint as the Building Energy Rating Certificate expired last year and that I could be sanctioned with a fine. Is this the case?   Response: From January 2009, a Building Energy Rating (BER) Certificate is compulsory for all buildings being constructed or offered for sale or rent. The certificate rates your building on a scale of A-G. A-rated homes are the
Read More

Categories: Landlord Legislation, Landlord Query of the Week, and Uncategorized.
Landlord Query Of The Week: RPZ Exemption – 2 Year Vacant – Covid-19?

Landlord Query Of The Week: RPZ Exemption – 2 Year Vacant – Covid-19?

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
Read More

Categories: Landlord Query of the Week and Uncategorized.
Anti-Social Behaviour – What Can I Do During The Covid-19 Emergency Period?

Anti-Social Behaviour – What Can I Do During The Covid-19 Emergency Period?

18th May 2020 Question: My tenant is engaging in persistent anti-social behaviour, I have received numerous complaints from the neighbours about continuous noise disturbance and threatening abusive behaviour, I understand this to be on a weekly basis. I have a duty to the neighbours – what can I do during the emergency period, am I allowed to serve a notice of termination? Response: No, no notices of termination can be served during the emergency period; however, tenants must continue to pay rent and observe the other normal terms and conditions of their lease. A landlord owes to each person who
Read More

Categories: Landlord Query of the Week and Uncategorized.
New Tenancy; New Rent – Covid-19

New Tenancy; New Rent – Covid-19

7th May 2020 Question: (a) My Tenants have vacated my property and I am putting the property back up for rent.  The property is outside an RPZ.  Does the emergency legislation prevent me from charging market rent to the new tenant? (b) I have tenants who have left a property, the property is in a Rent Pressure Zone. Can the 4% be applied as per the formula increasing the rent for the new tenants? Response: We have received guidance from the RTB, we understand that any rent set in respect of a new tenancy may, in accordance with the Residential
Read More

Categories: Landlord Query of the Week and Uncategorized.