On 2nd August 2020, the Residential Tenancies and Valuation Act 2020 became law and at the same time, the protections introduced in the Emergency Measures in the Public Interest (Covid-19) Act 2020 expired.
The Act 2020 sets out new protections where a tenant has fallen into rent arrears. There are new processes around rent arrears:
• Further protections and obligations have been introduced for tenants in financial difficulty as a result of Covid-19
• Increased obligations on the service of documentation around rent arrears on all tenancies.
• Not all tenants in arrears are protected
Rent increases already served will be effective on some tenancies but not on others. Tenants whose income was adversely effected by Covid-19 may be protected from increases.
With the expiration of the Covid-19 Act 2020, the normal tenancy rules apply again with regards to ending tenancies and rent setting and rent reviews. However, please note that there is one exception which involves tenancies where a Notice of Termination was served before the emergency period under the Covid-19 Act 2020, and the period had not yet expired by the 27th of March 2020. These tenancies cannot end before the 10th of August 2020.
Some of the normal business of the sector may resume. Terminations may be served for:-
• Most breaches (Some rent arrears situations are protected)
• Need property for yourself or a member of your family
• Substantial refurbishment
• Change of use
The legislation is complex and it will take some time for the ramification of the changes to be understood. We will endeavour to get clarification to help continue to support you in the management of your tenancies. Please do not consider this a legal interpretation.
Contact IPOA With Any Questions You Have – 01/8276000