July 2022
Amendments have been introduced from 6th July 2022 to the Residential Tenancies Act which change procedures and some timelines.
Key changes include:
- Notice periods landlords are required to provide tenants when ending a tenancy have increased in some cases.
- Less than 6 months – 90 days
- Not less than 6 months but less than one year- 152 days
- Not less than 1 year but less than 7 years – 180 days
- Not less than 7 years but less than 8 years – 196 days
- Not less than 8 years – 224 days
- Landlords are now required to send a copy of all Notices of Termination to the RTB at the same time it is served on the tenant, regardless of the duration of the tenancy. If they do not do so, this will invalidate the Notice of Termination.
- The responsibility is now on the landlord to get the tenant’s contact details where a tenancy has ended and there is an option to offer back the property in the instances where:
- a landlord is ending the tenancy because they require the property for own/family use,
- they intend to sell,
- they intend to significantly refurbishing their property and
- change of use.
It was previously the responsibility of the tenant to provide their contact details in writing to the landlord in these scenarios. It enables the RTB to assist a landlord with providing the contact details of their previous tenant(s), where a landlord had ended the tenancy and is required to offer to re-let the property to the tenant(s).
- Where a tenant decides to move back in, they have a maximum of seven days to accept the offer for re-let.
- Tenants are now provided with 90 days to apply for dispute resolution with the RTB on receipt of a Notice of Termination from a landlord. This increased from 28 days. The 90 days does not apply where a landlord is ending a tenancy for tenant’s breach of obligations or rent arrears.
More information can be found here.