Thomas Gould (Cork North Central, Sinn Fein)
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361. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to a situation in which persons who have been given rent breaks during the Covid-19 pandemic are now being asked to pay this rent back incrementally at an increased rate due to rent increases in the interim period. [37765/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Emergency Measures in the Public Interest (Covid-19) Act 2020 provided that arent increase was not permitted to take effect during, or in respect of any part of, the period from 27 March 2020 to 1 August 2020. From 1 August 2020, the blanket ban on rent increases taking effect inside or outside of a Rent Pressure Zone (RPZ) was lifted for all, apart from the most vulnerable tenants.

The Residential Tenancies and Valuation Act 2020 (RTVA) and subsequently, the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) provide that rent increases were not permitted to take effect during, or in respect of any part of, the period from 1 August 2020 until 12 July 2021, for tenants with rent arrears due to Covid-19 and at risk of losing their tenancy who make the necessary declaration. 

The Residential Tenancies (No. 2) Act 2021, which was signed into law on 9 July 2021, provides for an extension of the enhanced protections under the PDRTA until 12 January 2022.

Any notice of termination grounded on rent arrears must be copied to the RTB and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days) following receipt of the warning by the tenant or by the RTB, whichever occurs later. The RTB acknowledge receipt of the warning notice to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available.

Rent reviews could be carried out at all times during the pandemic and rent decreases could, and can, take effect. A rent increase is payable by relevant tenants from the end of the given emergency period.

Tenants are required to continue to observe the normal terms and conditions of their tenancy, including paying rent to their landlord during any emergency period. 

My Department and the Residential Tenancies Board (RTB) urge landlords to consider the negative impacts of Covid-19 on their tenants and to show forbearance where temporary rent arrears might arise. It is recommended that any temporary rent payment arrangements agreed between the parties are documented. Tenants and landlords are urged to discuss any problems promptly, keep lines of communication open and respect each other’s positions. If the problem cannot be resolved, registered landlords and all tenants can apply to the RTB for dispute resolution. Further information is available on www.rtb.ie.