Changes to the Residential Tenancies Act

Details

Created: Tuesday, September 27 2016 15:32

The Residential Tenancies (Amendment) Act 2015 (“the Act”) was enacted in 2015 and certain sections of the Act are now in force. Great care should be taken, as the commencement of some sections, but not all, has taken place.

The restriction of the entitlement of a landlord to conduct a rent review has been extended to once every two years. The existing entitlement was once every year. The extension was commenced on 4th December 2015.

The restriction is temporary and it only applies until 3rd December 2019, when rent reviews may once again be conducted once every 12 months. The extended restriction is also retrospective and it applies to all existing tenancies.
For existing tenancies, the two year period for the first rent review is counted from the later of (i) the commencement of the tenancy and (ii) the most recent rent review date.

The notice period to which a tenant is entitled before a new rent can take effect has been increased from 28 days to 90 days. The notice periods for the termination of tenancies have also been expanded.
The following are other key provisions of the Act:

• the renaming of the “Private Residential Tenancies Board” as the “Residential Tenancies Board”;
• detailed changes to the treatment of deposits; and
• a requirement for landlords to include in a notice for increase of rent, certain evidence that proposed rent increases are appropriate and in line with the local market rate, and to inform tenants of their rights to challenge rent increases

There are also new provisions governing disputes and provision for determination orders concerning terminations of tenancies to be dealt with by the District Court as opposed to Circuit Court.