19th October 2022
The Minister for Housing, Local Government and Heritage received Cabinet approval for legislation which will provide a temporary and conditional stay on tenancy terminations this winter.
The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, will defer no fault tenancy terminations that are due to occur from 1st November 2022 until after 31 March 2023. The Bill is not as yet available for scrutiny.
The Minister for Housing has stated that “where a tenant willfully withholds rent or engages in anti-social or criminal behaviour they will not be protected by this legislation”
The legislation will also cover licences/tenancies in student specific accommodation and student tenancies in the general rental market.
It will still be possible to serve a Notice of Termination during the winter period and the protection introduced will not extend to a tenant who simply chooses not to pay his or her rent or is in breach of other tenant obligations. Where the tenant is at fault, the tenancy can be terminated during the winter subject to the usual notice periods to be given.
- What happens if a person has already been served a notice of termination before the winter emergency period?
Any person who has had a valid ‘no fault’ notice of termination served, will not have their tenancy terminated during the winter emergency period. The deferred date for the termination of such a tenancy will take effect based on a number of factors (i.e. the date that the notice was served and the duration of the relevant tenancy) on a phased basis between 1 April to 18 June 2023.
Q: What happens if a person is served a notice of termination during the winter emergency period?
A notice of termination can still be served, but it cannot take effect during the winter emergency period. Any notice of termination served during the winter emergency period in respect of tenancies of less than 6 months’ duration cannot specify a termination date that falls earlier than 18 June 2023.
Q: What happens on April 1st, will there be a cliff-edge?
No, there won’t be a cliff-edge on April 1st and notices of termination which have been issued will take effect, based on a number of factors (i.e. the date that the notice was served and the duration of the tenancy) on a phased basis between 1 April to 18 June 2023.