From 11 June 2022, the Residential Tenancies (Amendment) Act, 2021 amends legislation around Part 4 tenancies and Tenancies of Unlimited Duration come into effect. It means that, after six months living in a tenancy, the tenant will have a right to remain in the property for an unlimited duration assuming a valid notice of termination has not been served. This is subject to the tenant upholding their rental obligations and the landlord’s right to end the tenancy in accordance with the Residential Tenancies Act 2004 (RTA).
- All new tenancies created on or after 11 June 2022 will automatically become Tenancies of Unlimited Duration when: (i) the tenant has lived in the rental property for six consecutive months; and (ii) a valid notice of termination has not been served. These tenancies can now only end where a landlord serves a valid notice relying on formal termination grounds as set out in the RTA. Tenancies can be terminated under Section 34 of the Residential Tenancies Act 2004 as amended. E.g.: – Breach of obligations, Overcrowding, Selling, Landlord/Family Occupation, Substantial Refurbishment, and Change of Use
- Tenancies already in existence before 11 June 2022, will continue under the existing security of tenure rules until the end of the current six-year cycle of the tenancy. The landlord is still entitled to end these tenancies at the end of the six-year period without providing a reason. However, once the current cycle has ended, they will become Tenancies of Unlimited Duration and may only be terminated under the specific reasons for ending a tenancy. If a tenancy is ended, any new tenancy created will become a tenancy of indefinite duration based on the above requirements.
- If, on the 11 June 2022 a tenancy is already in existence, Landlords can agree to switch from a six-year cycle to a Tenancy of Unlimited Duration, but they are not legally required to do so.
Further information, guidance and FAQs can be found here.
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