The protections for tenant in place since the 31st December have been extended to the 5th March 2021. The Residential Tenancies Act 2020 also introduced a 10-day grace period for ending tenancies, which means the earliest anyone has to leave their accommodation during this Level 5 emergency period is 15th March 2021.
- Level 5 does not restrict the serving of a Notice of Termination. There may be a revised date on the termination but you may serve it giving the normal required period of time. The additional time resulting from the increased protection will be added to the notice after it is served.
- Existing tenancy protections mean that a tenant cannot be made to leave their home during the Level 5 period except in limited circumstances. These are where they commit a breach which relates to:
- Anti-Social Behaviour;
- Behaviour that invalidates the landlord’s insurance; or
- Use of the dwelling other than as a residential accommodation unit, without the landlord’s written consent;
- Behaviour that threatens the dwelling.
- The duration of any Emergency Period will not count as part of any termination notice period given. Effectively, all Notice of Terminations served before or during an Emergency Period are paused. A revised termination date will apply and shall factor in the Emergency Period and an extra 10-day grace period. Effectively, a revised termination date will be calculated by counting:
- all, or the remainder, as may be appropriate, of the original termination notice given;
- all, or the remainder, as may be appropriate, of the Emergency Period; and
- the 10-day grace period.
- Rent reviews can be served. They must follow the usual rent setting and review rules. They will take effect in the normal manner for tenants not impacted by Covid-19. Tenants who have been financially impacted by COVID-19 and meet the requirements of the Planning and Development, and Residential Tenancies Act 2020, will not have to pay a rent increase prior to 13 April 2021.
IPOA are here to assist you in the management of your rental property.
Our website is updated frequently with valuable information and we are available to assist with queries.
Please do not hesitate to contact us on 01-8276000