December 2018
The Government gave its approval to publish the Residential Tenancies (Amendment) Bill, which includes:
- Providing powers to the RTB to investigate and sanction landlords who engage in improper conduct including non-compliance with the rent increase restriction in RPZs;
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- A sanction could cost a landlord in breach up to €30,000 and a written caution (a financial penalty of up to €15,000; payment of RTB investigation costs of up to €15,000).
- Making it a criminal offence for landlords to implement rent increases that contravene the law, that do not adhere to new definitions of a substantial change, failure to cooperate with an investigation, failure to register and update tenancies with the RTB.
- Allowing the RTB to initiate an investigation without the need for a complaint to be made;
- Requiring the annual registration of tenancies with the RTB;
- Allowing the publication of RTB determinations in respect of any dispute;
- Providing a legal definition of ‘substantial change in the nature of accommodation provided under tenancy’ in the context of qualifying for an exemption from the rent increase restriction.
- An amendment to allow the RTB to publish rental amounts in its register. This proposed amendment is receiving due diligence by the Office of the Attorney General to ensure that any measure to be introduced will be legally sound. Enhanced rent transparency is a key goal.
- Significantly extending the notice periods for tenancy terminations by landlords:
Duration of tenancy | Current Notice Period | Notice Period in Bill* |
Less than 6 months | 28 days | 28 days |
6 or more months but less than 1 year | 35 days | 90 days |
1 year or more but less than 2 years | 42 days | 120 days |
2 years or more but less than 3 years | 56 days | 120 days |
3 years or more but less than 4 years | 84 days | 120 days |
4 years or more but less than 5 years | 112 days | 120 days |
5 years or more but less than 6 years | 140 days | 140 days |
6 years or more but less than 7 years | 168 days | 168 days |
7 years or more but less than 8 years | 196 days | 196 days |
8 or more years | 224 days | 224 days |
Amendments to the Bill
Government amendments will be made to the Bill as it makes its way through the legislative process in the Houses of the Oireachtas.
Purpose Built Student Accommodation
The Department are looking at way of extending the Residential Tenancies Act to include letting under licence.