The Residential Tenancies Bill has been published. This is not law yet. Changes will be made as the Bill goes though the legislative process. Our Legal Counsel is currently reviewing the Bill and the IPOA will strongly lobby for amendments.
• A definition of substantial change,
• Annual registration,
• Power for RTB to investigate and prosecute property owners who breach legislation,
• The creation of a criminal offence,
• Mandatory publication of RTB determination orders.
Proposed Definition of Substantial Change
A substantial change in the nature of the accommodation provided in under the tenancy shall only have taken place where—
(a) works carried out to the dwelling concerned—
(i) require that at least 50 per cent of the floor area, within the meaning of Article 6 of the Building Regulations 1997 (S.I. No. 497 of 1997), of the dwelling undergoes renovation, and
(ii) are structural in nature to the extent that—
(I) the internal layout of the dwelling is permanently altered,
(II) the dwelling is adapted to provide for access and use by a person with a disability, within the meaning of the Disability Act 2005,
(III) the number of rooms within the dwelling is increased,
(IV) a permanent extension is added to the dwelling, or
(V) where the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply to the dwelling the BER, within the meaning of those Regulations, of that dwelling is improved, and (b) the works carried out under paragraph (a) do not solely consist of works carried out for the purposes of compliance with section 12(1)(b).
We will keep you updated on the situation