What is the purpose of the legislation?

The legislation’s purpose is to defer the termination dates of certain tenancies during the winter emergency period (defined as the period beginning on the day after the date the Act is passed and ending on 31 March 2023) to mitigate against the risk that tenants would be unable to obtain alternative accommodation.

The legislation also provides for the phased termination of affected tenancies over a period of time after the winter emergency period to assist in managing demands on housing services.

 

What types of tenancies are affected?

The legislation will apply to residential tenancies generally and licences of student-specific accommodation regulated by the Residential Tenancies Acts 2004-2022.

 

How does the legislation affect termination notices that have already been served?

In short, where a termination notice has already been served, the termination date specified in the notice (assuming it falls during the winter emergency period) will be deferred to the period between 1 April 2023 and 18 June 2023, depending on when the termination date falls and the duration of the relevant tenancy.

Where a termination notice was served on or before the date the Act is passed, specifying a termination date falling during the winter emergency period, the termination date of the relevant tenancy will be deemed to be the deferred termination date.

Similarly, where the Residential Tenancies Board (RTB) has issued a determination order in relation to a dispute regarding the termination of a tenancy, specifying a termination date falling during the winter emergency period, the termination date of the relevant tenancy will be deemed to be the deferred termination date.

 

How is the deferred termination date determined?

The Bill includes a table (reproduced below) setting out how the deferred termination date is determined.  The relevant date depends on when the termination date falls and the duration of the relevant tenancy.

 

Period during which termination date falls	Tenancy duration	Deferred termination date
Beginning on the day after the date of the passing of Act and ending on 31 January 2023	Less than 6 months	1 May 2023
Beginning on 1 February 2023 and ending on 31 March 2023	Less than 6 months	18 June 2023
Beginning on the day after the date of the passing of Act and ending on 31 January 2023	Not less than 6 months but less than 1 year	1 May 2023
Beginning on 1 February 2023 and ending on 31 March 2023	Not less than 6 months but less than 1 year	1 June 2023
Beginning on the day after the date of the passing of Act and ending on 31 January 2023	Not less than 1 year but less than 7 years	15 April 2023
Beginning on 1 February 2023 and ending on 31 March 2023	Not less than 1 year but less than 7 years	1 May 2023
Beginning on the day after the date of the passing of Act and ending on 31 March 2023	Not less than 7 years	1 April 2023

 

The Bill specifically provides that a termination notice (other than a termination notice served on one of the exempted grounds set out below) served during the winter emergency period in respect of a tenancy of less than six months cannot specify a termination date earlier than 18 June 2023.

 

Are there any exemptions?

Yes. The deferment of tenancy terminations will not apply where:

• the tenant fails to comply with the obligations set out in Section 16 of the 2004 Act; or
• the termination notice cites a ground specified in paragraph 1, 1A or 2 of the Table to Section 34 of the Act of 2004 as the reason for the termination.

The main Section 16 grounds that landlords are likely to rely on are failure to pay rent or anti-social behaviour but all the grounds listed in the section are set out below.

 

Termination Grounds in Section 16 of the 2004 Act

Failure to pay rent.

Failure to pay any taxes or charges payable by the tenant under the tenancy agreement.

Failure to pay any deposit provided for under the tenancy agreement.

The tenant’s act or omission has caused the landlord to breach its obligations under other legislation relating to the dwelling or the tenancy (in particular the legislation that regulates minimum standards for rented houses).

Failure to allow the landlord reasonable access for works.

The tenant has caused a deterioration in the condition of the dwelling (save for normal wear and tear).

Failure to take such steps as may be reasonably required by the landlord to restore the dwelling to its original condition or to pay the cost of taking such steps.

Anti-social behaviour.

The tenant or other occupiers of the dwelling or visitors have acted in a manner that would invalidate the insurance of the dwelling or the tenant fails to pay any increased insurance premium resulting from such actions.

The tenant has assigned or sub-let the dwelling without the landlord’s written consent.

The tenant has altered or improved the dwelling without the landlord’s written consent.

The tenant uses the dwelling for another purpose without the landlord’s written consent.

The tenant fails to notify the landlord in writing of the identity of each person residing in the dwelling.

 

The Section 34 grounds are:

• failure to comply with tenancy obligations (where the tenant has been notified of the failure and the tenant does not remedy it within the time specified in the notice);
• failure to pay rent (where the landlord has notified the tenant and the RTB of the outstanding rent and the rent is not paid within 28 days of receipt of the notification by the tenant or receipt of the notification by the RTB, whichever occurs later); and
• the dwelling is no longer suitable to the accommodation needs of the tenant and the dwelling’s residents.

There is no exemption for ‘no fault’ terminations including sale of the dwelling by the landlord.

 

Do tenants acquire any rights as a result of the extra period of occupation?

No.  Tenants do not acquire any rights under Part 4 of the 2004 Act (security of tenure) as a result of the additional occupation period.

 

The Bill is scheduled for second stage discussion in the Dáil on Wednesday 26 October 2022.