More changes on they way! It is vitally important that you are aware of looming changes that will affect you as a Landlord. The following changes are expected to come into Law in June 2019:
RENT SETTING AND RENT REVIEWS
– The designation of existing RPZs will be extended to the end of 2021.
– Works that will qualify for the exemption from the rent increase restriction in respect of a substantial change in the nature of the rental property shall consist of either:
a permanent extension increasing the floor area by 25%
or at least 3 of the following;
(a) a permanent alteration of the internal layout,
(b) adaptations for persons with a disability,
(c) a permanent increase in the number of rooms,
(d) an improvement in the BER by 2 or more ratings.
– Revisions are proposed in respect of the average rent qualifying criterion for RPZ designation. Using RTB data, (i) the rent of a dwelling in the Greater Dublin Area (Kildare, Wicklow and Meath) will now be compared to the average rent across the country, excluding Dublin rents; and (ii) the rent of a dwelling outside of the Greater Dublin Area will be compared to the average rent across the country, excluding the Greater Dublin Area rents.
– Outside of RPZ’s, the requirement for bi-annual rent review cycles, rather than annual, will continue to the end of 2021.
- The new RTB sanctioning regime will apply to improper conduct by a landlord who contravenes the tenancy termination provisions;
- Landlords will be required to copy a tenancy termination notice to the RTB;
- where a landlord terminates a tenancy because he/she intends to sell the property, he/she must enter into a contract for sale within 9 months of the termination date and if not, must offer to re-let to a former tenant who provides their contact details.
- where a landlord terminates a tenancy because he/she needs the property for his/her own occupation or for a family member, that property must be offered back to the former tenant who provides their contact details where it again becomes vacant within 1 year, rather than 6 months (as currently provided for in the Act), of the termination date;
- where a landlord terminates a tenancy because he/she needs to substantially refurbish/renovate the property, that property must be offered back to the former tenant who provides their contact details, upon completion of the works;
- A certificate from an architect or surveyor will be required to the effect that the proposed substantial refurbishment/renovation works in question would pose a health and safety risk requiring vacation by the tenants and would require at least 3 weeks to complete.
180 days (approx. 6 months) notice period to be provided by landlords who terminate a tenancy of between 3 and 7 years’ duration
Amendments to the Bill provide for relevant obligations and rights under residential tenancies legislation to apply to tenancy and licence agreements in student-specific accommodation, provided by public educational institutions or by private accommodation providers to both part-time and full-time students. For example, the 4% p.a. rent increase restriction in Rent Pressure Zones, relevant termination provisions, the Residential Tenancies Board (RTB) dispute resolution procedures, tenancy and licence registration requirements and the new RTB sanctioning regime for improper conduct by landlords will apply to student-specific accommodation.
SHORT-TERM LETTING / HOME SHARING
Amendments to the Planning and Development Act 2000 (as amended) to provide for the regulation of short-term letting of residential accommodation through the planning code in urban centres of high housing demand. The amendments will essentially allow the Minster to make regulations to allow home sharing, while restricting the letting of second properties on a short term basis in high demand areas. Holiday homes and executive letting will not be impacted.