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
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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
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27th April, 2020 Question: I served my tenant with a notice of termination as I need the property for family use, the termination date does not come into effect until the end of July. As the emergency period is due to end before July, is it ok for the termination date to remain the same? Response: No,  the termination date of July does not remain. All notices of termination that are ongoing during the emergency period are essentially paused. This means that the entire emergency period will not be counted as part of the notice period. In your case, as
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Question: With regards to the 7 year capital gains relief that was introduced some years ago.  I purchased a property and signed the non-conditional contract by 31st December 2014, and it closed some months later.  What do I count from for the purpose of the exemption, the contract date or the completion/closing date?   I need to know what date I have to sell it by to avail of the capital gains tax exemption. Response: The contract date is the relevant date. You don’t have to wait seven years – as legislation was changed to reduce the time to four
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8th April, 2020 Question: I am a landlord, I intend to end a tenancy on the basis that the part 4 is coming to an end. Whilst I understand and appreciate that terminations are banned during the emergency period of Covid-19, I am unsure what to do, I do not want further part 4 arising?   Response: We understand whilst a Notice of Termination cannot be served by a Landlord during the emergency period, the passage of time during the COVID-19 emergency period pauses the tenancy and the tenancy picks up again after the emergency period ends. For example: If
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3rd April, 2020 Question: My tenants think that they do not have to pay any rent for the duration of the Covid-19 emergency, they believe that there is a freeze on payments of rent in place. Surely this is incorrect? They are still in employment.    Response: Your tenants are incorrect in their understanding. Tenants are still required to pay rent to their landlord during this emergency period. Tenants are encouraged to engage with their landlords and the Department of Employment and Social Protection immediately if they have difficulty paying their rent. Income supports and Rent Supplement are available for
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26th March 2020 Question My son and his family require my rental property for their own use, we have been planning towards this for some time – can we issue a termination notice for this reason now? Our tenants have been great and this is not related to rent arrears or difficulty in keeping the rent up?   Response We understand you are not permitted to serve notice on these grounds or any grounds during the Covid-19 emergency. The fact that this is not related to rent arrears has no bearing on the situation. The Government announced measures on Thursday
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