New Emergency Legislation, Who Does This New Legislation Apply To?
The emergency legislation applies to all tenancies governed by the Residential Tenancies Acts, including licences granted to students.
Main features for Landlords are:
- A ban on residential rent increases during the COVID-19 crisis.
No rent increase of any nature will take effect during the emergency period. This includes increases already notified and due to take effect during the emergency period. Rent increases may also not be applied retrospectively to the emergency period.
- A ban on terminating residential tenancies during the COVID-19 crisis.
Landlords cannot terminate tenancies for any reason during the emergency period. Landlords cannot serve notices of termination and, landlords cannot take any action on any notices already served (except in accordance with determinations made by RTB).
Any tenancy due to terminate during the emergency period on foot of any notice of termination served beforehand will not terminate on the date specified in the notice; the notice period will be extended by the duration of the emergency period (stated as 3 months but may change).
Tenants may remain in the property for the duration of the emergency period and extended notice period subject to the terms and conditions that were in place before the emergency period. Tenants may not acquire the usual right to security of tenure (Part 4 Rights) for a 6 year period where this would not otherwise have arisen.
An exception to this is where a dispute in respect of a tenant breach is referred to the RTB and the relevant adjudicator or Tenancy Tribunal hearing the dispute determines otherwise.
How Long Will The New Legislation Be In Place?
The new legislation is set to last for the duration of the ‘emergency period’ which is stated to a period of 3 months commencing on the enactment of the legislation.
However, this period may be extended by the Minister for Housing, Planning and Local Government.
Clarifications on the Emergency Legislation are continuing to be sought – IPOA will keep Members informed with any further detail as we recieve it.