New rules to protect tenants while Covid-19 restrictions are in place
Under S34 of the 2004 Act, a tenancy can be terminated by a landlord on the following grounds:
The tenant has failed to comply with any of his or her obligations in relation to the tenancy,
The landlord intends, within nine months after the termination of the tenancy under this section, to enter into an enforceable agreement for the transfer to another, for full consideration, of the whole of his or her interest in the dwelling or the property containing the dwelling.
The landlord requires the dwelling or the property containing the dwelling for his or her own occupation or for occupation by a member of his or her family.
The landlord intends to substantially refurbish, or renovate, the dwelling or the property containing the dwelling, in a way which requires the dwelling to be vacated for that purpose.
The landlord intends to change the use of the dwelling, or the property containing the dwelling, to some other use.
In order to terminate a tenancy, a notice of termination must be served on the tenant setting out the ground for termination, and the notice period, as prescribed under the legislation.
The notice period depends on the length of the tenancy.
In order to protect tenants while the Covid-19 restrictions are in place, the Emergency Measures in the Public Interest (Covid-19) Act 2020 was brought in.
The legislation applies to all tenancies which fall under the Residential Tenancies Act, which includes approved housing bodies, student specific and private rented accommodation.
Under the legislation, the following applies:
A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.
The emergency legislation takes effect from March 27, 2020, for a period of three months, and can be extended by Government Order, if necessary.
Where a notice of termination is served before the emergency period, and specifies a termination date that falls during or after the emergency period, the termination date will have to be revised to a date after the emergency period is over.
For example, this would mean that if someone has a 90-day notice period, and is 50 days into that period, the notice period would pause for the duration of the emergency period, and when the emergency period ends, the tenant would have 40 days left on their notice period.
An increase in the rent under the tenancy of a dwelling that would take effect during the emergency period shall not take effect during that period, and shall not be payable in respect of any period falling during the emergency period.
However, a rent decrease is not prohibited, whether the rent review notice was served before or during the Covid-19 emergency period.
It should be noted that if a landlord carries out an illegal eviction, which includes prohibiting access to the property, or making the property uninhabitable by disconnecting services, this can result in damages being awarded to the tenant, and the RTB can seek an injunction from the courts to reinstate the tenants.
Tenants are still obliged to continue to pay rent to their landlord during this emergency period, and they are encouraged to engage with their landlords and the Department of Employment and Social Protection, at their earliest opportunity, if they cannot afford to pay their rent.
Income supports and rent supplement are available for those struggling to do so.
During these difficult times, it is important for landlords and tenants to be aware of the emergency provisions under the emergency legislation, and to adhere to the provisions.
If the parties are unsure of their rights they should consult with the RTB or a solicitor.
