Covid Emergency
The Emergency Measures in the Public Interest (Covid-19) Act 2020.
The Act was deemed to commmence on 13th day of March 2020.
The “emergency period” was the period of 3 months commencing on the enactment of this Act, and such other period (if any) as might be specified by order .
A landlord could not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.A tenant who, otherwise would not acquire any rights under Part 4 did not acquire such rights.
Terminaton notices served before that were deemed to be extended by the emergency period.
All proposed evictions in all tenancies in the State, including those not covered by the Act of 2004, were prohibited during the operation of the Emergency Measures in the Public Interest (Covid-19) Act 2020. It applies to all Local Authority and Approved Housing body dwellings.
A tenant upon whom a notice of termination had been served in accordance with the Act of 2004 before the commencement of the emergency period, and who had remained in occupation of the dwelling to (whether or not with the consent of the landlord concerned) until the date of the commencement of the emergency period,was entitled to remain in occupation of the dwelling until the expiration of the emergency period subject to terms and conditions that shall be the same as the terms and conditions that applied in respect of the tenancy of the dwelling concerned immediately before the service of that notice. This was unless the tenant was required to vacate the dwelling in accordance with a determination of an adjudicator or the Tribunal.
An increase in the rent under the tenancy of a dwelling was not to take effect during the emergency period
The Residential Tenancines and Valuation Act 2020
passed on 1st August 2020 provided for
increased notice periods in relation to notices of termination served on tenants in the residential rental sector during the emergency period from the date of the passing of the Act to 10 January 2021
- for failure to pay rent due and
- to prohibit increases in rents on tenancies of dwellings during that period;
- to make provision in relation to the giving of notifications, and notices of termination, by landlords to tenants
Residential Tenancies Act 2020
The Residential Tenancies Act 2020 was passed on 24th October 2020. It provided for enhanced protections for tenants during an emergency period if, they have been economically impacted by the Covid-19 pandemic and are unable to meet their obligations under the Residential Tenancies Acts to pay the rent due.
The emergency period was extended to 10 January 2021.Certain protections applied where the tenant made a written declaration that he or she was a ‘qualifying person’, as defined and as a consequence thereof was at significant risk that their tenancy will be terminated by their landlord. This included a person who was unable to comply with his or her obligations to pay rent due in respect of a tenancy because he or she was or is temporarily out of work due to having contracted Covid-19, without entitlement to be paid by his or her employer; or in receipt of (or entitled to receive) the temporary wage subsidy, any other payment out of public moneys provided for by or under statute and paid for the purpose of alleviating financial hardship resulting from the loss of employment occasioned by Covid-19, including rent supplement or a supplementary welfare allowance.
The declaration was to be served on the Residential Tenancies Board and copied to the landlord. It was an offence to make a false or misleading declaration.
During the emergency period and where the declaration has been made:
- before a notice of termination was served by a landlord on foot of rent arrears, a tenant must have been afforded with a minimum of 28 days to pay his or her rent arrears after a written rent arrears notice has been received by both the tenant and the RTB.
- a 90 day notice of termination period applied where rent arrears were the basis of the termination
- a notice of termination served during the emergency period shall not specify a termination date that falls earlier than 11 January 2021.
A tenant could not acquire security of tenure rights as a result of this provision.
No rent increases could take effect during the emergency period and no increase in rent will be payable in respect of any time during that period.
The Act provided a new ground for termination of a tenancy for reasons of non-payment of rent within the minimum 28 day period afforded for payment following receipt of a written rent arrears notice by both the tenant and the RTB. This 28 day period commenced upon receipt of the written rent arrears notice by the tenant or the RTB, whichever occured later.
Where a landlord serves a notice of termination in relation to the failure to pay an amount of rent set under the tenancy, a copy of that notice must be sent to the RTB at the same time as to the tenant.
When the RTB receives a copy of the notice, it shall notify the tenant in writing of his or her right to refer a matter in connection with the notice of termination to the Board for resolution under section 76. In the resolution of any such matter arising, the RTB adjudicator shall have regard to any advice provided to the tenant by the Money Advice and Budgeting Service (MABS) when making a decision or determination.
There were conditions for the serving of a notice of termination where the tenant had failed to pay an amount of rent due. The conditions were that the tenant and the RTB had been notified in writing that: such amount of rent due as is specified in the notification had not been paid, and that the rent had not been paid to the landlord within the minimum period of 28 days following receipt of the notification by the tenant, or by the RTB, whichever occurs later.
Where the RTB received a notification that an amount of rent due has not been paid, it was to request the tenant to give their consent to the RTB to assist the tenant in obtaining MABS advice. A notice of termination for failure by a tenant to pay an amount of rent due was deemed to be invalid if the landlord failed to simultaneously serve a copy of that notice on the tenant and the RTB
Planning and Residential Tenancies Act 2020
The Planning and Development, and Residential Tenancies, Act 2020 was pased on 19th December 2020. It provided subject to certain conditions, for increased notice periods in relation to notices of termination served on tenants during the period from 11 January 2021 to 12 April 2021 for rent arrears and to prohibit rent increases for relevant tenancies during that period.
The Act further assisted tenants financially impacted by Covid-19, while recognising and balancing the constitutionally protected property rights of landlords. The enhanced tenancy protections under the Residential Tenancies and Valuation Act 2020 (the RTVA), which prohibited evictions and rent increases for tenants with Covid-19 related rent arrears who are at risk of losing their tenancy, were extended from 11 January 2021 to 12 April 2021.
The protections applied where the tenant made the necessary written declaration that he or she is unable to pay rent due on foot of Covid-19 and is at risk of losing his or her tenancy; and at the same time, served a notice on the Residential Tenancies Board (RTB) requesting assistance to obtain advice from the Money and Advice and Budgeting Service (MABS); and within 5 days of making his or her declaration, serves a notice on his or her landlord seeking a consultation to make an arrangement to pay their rent due.
This also applied to tenants who had made a declaration under the Residential Tenancies and Valuation Act 2020, subject to certain conditions. The landlord could make a counter-declaration by a landlord to disapply the protections. It was an offence for a landlord to make a declaration that is false or misleading.
A notice of termination grounded on rent arrears and served during the emergency period could not specify a termination date earlier than 13 April 2021 and was required to 90 days’ notice, rather than the usual 28 days. The position for any tenant who made a declaration under the RTVA was that their termination date would move out to 13 April 2021 also. A tenant cannot acquire Part 4 security of tenure rights as a result.
The Act confirmed that no rent increase can take effect during the emergency period and no increase in rent would be payable in respect of any time during that period.
Residential Tenancies Act 2021
The Residential Tenancies Act 2021 passed on 30th March 2021 extended the emergency period until 12 July 2021. It provided enhanced residential tenancy protections for tenants in arrears and at risk of losing their tenancy.
The Planning and Development, and Residential Tenancies, Act 2020 provided for for increased notice periods in relation to notices of termination served on tenants during the period from 11 January 2021 to 12 April 2021 for rent arrears and prohibited rent increases for relevant tenancies during that period.
For such tenants, the earliest tenancy termination date that cold be specified was 13 April 2021 and a minimum notice period of 90 days, rather than the usual 28 days, was required to be given. A rent increase could not take effect in respect of the period to 12 April 2021.
The Residential Tenancies Act 2020 provides, with limited exceptions, for a moratorium on evictions taking place in an area during a period of a 5km travel restriction and during the 10 days following the lifting of such a restriction.
The Residential Tenancies Act 2021 extended the emergency period specified in the Planning and Development, and Residential Tenancies, Act 2020 until 12 January 2022. The aim was to further assist tenants financially impacted by Covid-19
The 2021 act also provided for permanent amendments to the Residential Tenancies Act 2004 to:
- restrict any upfront payment of rent or deposit to secure a tenancy to a total value that does not exceed 2 months’ rent and to restrict any advance rent to cover the forthcoming month only;
- provide an opt out from the upfront rent payment restrictions for students residing in student specific accommodation; and
- to require a student residing in student specific accommodation to provide a minimum of 28 days’ termination notice to the accommodation provider or a longer notice period, should he or she so wish.
The Residential Tenancies (No.2) Act 2021
The Residential Tenancies (No.2) Act 2021 passed on 9th July 2021 extended the emergency period specified in the Planning and Development, and Residential Tenancies, Act 2020 until 12 January 2022.
The Act extended the application of its residential tenancy provisions for a further 6 months from 13 July 2021 to 12 January 2022 which provide enhanced tenancy protections from rent increases and tenancy terminations grounded on rent arrears for tenants in arrears due to Covid-19 and at risk of losing their tenancy.
The Act removed the possibility of tenancy agreements requiring a termination notice period of greater length than those provided in 2004 the Act of 2004 for landlords in the context of student specific accommodation,or more than the minimum 28 days in case of a student serving termination notice to their landlord (provider of student specific accommodation).
The Act restricted the total amount that a tenant is obliged to pay, to a landlord by way of a deposit or advance rent payment to secure a tenancy, to no more than the equivalent of 2 months’ rent.A restriction of the equivalent of 1 month’s rent is also placed on the amount that a tenant is obliged to pay as a regular advance rent payment to a landlord during a tenancy. Provision is made for a student residing in student specific accommodation to choose to pay a greater amount of advance rent, if he/she so wishes. It applied to post-Act tenancies.
The Act confirms that student specific accommodation falls within the remit of the Residential Tenancies Acts.
A student can provide more that 28 days termination notice to the student specific accommodation provider, if he/she so wishes.
A student residing in student specific accommodation is to provide a minimum of 28 days’ termination notice to the accommodation provider or to provide a longer notice period, should he or she so wish.
A dispute can be referred to the Residential Tenancies Board (RTB) regarding a landlord’s compliance with the new restrictions on the total amount that a tenant can be obliged to pay in respect of a deposit or an advance rent payment.
The Act extends the list of improper conduct by a landlord which can be sanctioned by the Residential Tenancies Board (RTB) to include the seeking by a landlord of a payment to him or her by a tenant of an amount or amounts that contravene the restrictions on amounts payable for residential tenancy provisions for the period 6 months from 13 July 2021 to 12 January 2022. There is enhanced tenancy protections from rent increases and tenancy terminations grounded on rent arrears for tenants in arrears due to Covid-19 and at risk of losing their tenancy.