Written answers
Tuesday, 13 December 2022
Department of Housing, Planning, and Local Government
Legislative Measures
Eoin Ó Broin (Dublin Mid West, Sinn Fein)
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316. To ask the Minister for Housing, Planning, and Local Government if he will set out a list of all Residential Tenancies (Amendment) Bills introduced and passed by the Houses of the Oireachtas since 2016; and if he will provide a short summary of each Act in tabular form. [62257/22]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The information requested is set out in the table below.
The Law Reform Commission, in accordance with its function under the Law Reform Commission Act 1975, has published a revised version of the Residential Tenancies Act 2004, which is an administrative consolidation of that Act.
This can be found at revisedacts.lawreform.ie/eli/2004/act/27/revised/en/html
| Planning and Development (Housing) and Residential Tenancies Act 2016(No. 17 of 2016) | An Act to facilitate the implementation of the document entitled “Rebuilding Ireland - Action Plan for Housing and Homelessness” that was published by the Government on 19 July 2016, and for that and other purposes to amend the Residential Tenancies Acts 2004 to 2015 and to provide for connected matters including: rent predictability measures to limit rent increases within designated Rent Pressure Zones (RPZs); measures to prevent large numbers of residents in a single development from being simultaneously served with termination notices; enhancements to the Residential Tenancies Board’s (RTB's) enforcement and dispute resolution powers; abolition of a landlord's right, during the first 6 months of a further Part 4 tenancy, to terminate that tenancy for no stated ground and the duration of 'Part 4 tenancies' was increased from 4 to 6 years. |
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| Residential Tenancies (Amendment) Act 2019 (No. 14 of 2019) | An Act to amend the Residential Tenancies Acts 2004 to 2016; to provide for powers to carry out investigations of improper conduct by landlords and impose administrative sanctions; to provide for offences in relation to non-compliance with rent increase restrictions in rent pressure zones; to increase the notice periods to be provided in the case of termination of a tenancy by a landlord; to provide for annual registration by landlords of tenancies and to amend the registration process; to provide for the mandatory publication of sanctions imposed by the Residential Tenancies Board; to apply relevant obligations and rights under the Acts to both tenancy and licence agreements in student-specific accommodation; and to provide for related matters. |
| Local Government Rates and other Matters Act 2019 (No. 24 of 2019) | The Act provides for technical amendments to the Residential Tenancies Act 2004 and the Residential Tenancies (Amendment) Act 2019 in relation to the once-off exemption from the rent increase restriction in Rent Pressure Zones (RPZs) post substantial refurbishment/renovation works and the application of the Residential Tenancies Acts to student licences in student-specific accommodation. |
| Part 2 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2 of 2020) | Part 2 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 provided for a temporary moratorium on tenancy terminations, other than in exceptional and limited cases, and on all increases in rent during the emergency period from 27 March to 1 August 2020. |
| Residential Tenancies and Valuation Act 2020 (No. 7 of 2020) | The Act amends the Residential Tenancies Act 2004 and the Emergency Measures in the Public Interest (Covid-19) Act 2020 to increase notice periods in relation to notices of termination served on tenants during the period from 1 August 2020 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 permanent provision in relation to the giving of notifications, and notices of termination, by landlords to tenants and the Residential Tenancies Board (RTB) in relation to arrears of rent and requiring the provision of information by the RTB to the tenant to enable him or her to get advice from the Money and Budgeting Advice Service (MABS); and to provide for matters connected therewith. |
| Residential Tenancies Act 2020 (No. 17 of 2020) | The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent any notices of termination served by landlords, in all but limited cases such as anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations; and to provide for related matters. |
| Part 3 of the Planning and Development, and Residential Tenancies, Act 2020 (No. 27 of 2020) | Part 3 of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA) provides for temporary modifications to the operation of the Residential Tenancies Act 2004. Subject to certain conditions, where a tenant was in rent arrears due to Covid-19 and at risk of losing their tenancy during the period from 11 January to 12 April 2021, a 90-day (rather than the usual 28 days) termination notice period applied where the tenancy could not be sustained. The earliest termination date allowed in such circumstances was 13 April 2021. In addition, for relevant tenancies, rent increases were prohibited until 13 April 2021, with no back-dating allowed. |
| Residential Tenancies Act 2021 (No. 5 of 2021) | The Residential Tenancies Act 2021 provides technical amendments to the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA) to extend the application of its enhanced tenancy protections for a further 3 months from 13 April 2021 to 12 July 2021. The Act also provides for technical amendments to enhance the interoperability of the PDRTA with the Residential Tenancies Act 2020; and to provide for matters connected therewith. |
| Residential Tenancies (No. 2) Act 2021 (No. 17 of 2021) | The Act amended the Residential Tenancies Act 2004, the Residential Tenancies (Amendment) Act 2019 and the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA). The Act provided for an extension of the enhanced protections under the PDRTA until 12 January 2022.The Act also introduced measures in July 2021 to better protect tenants with affordability challenges by extending the operation of Rent Pressure Zones (RPZs) until the end of 2024 and prohibiting any necessary rent increase in a RPZ from exceeding general inflation, as recorded by the Harmonised Index of Consumer Prices (HICP). The Act also restricts payments required to be made by tenants in respect of advance rent payments and deposit to secure a tenancy; and to provide for matters connected therewith. |
| Residential Tenancies (Amendment) Act 2021 (No. 39 of 2021) | The Act amended the Residential Tenancies Act 2004 to provide that from 11 December 2021, when setting the rent at the start of a tenancy in an RPZ or when carrying out a rent review in an RPZ, rent increases are capped at 2% per year on a pro rata basis, where HICP inflation is higher. The Act also provides that all new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than six months and no notice of termination has been validly served on the tenant. Transitional measures are provided in relation to the conversion of existing tenancies to tenancies of unlimited duration; and to provide for matters connected therewith. |
| Part 11 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (No. 15 of 2022) | Part 11 amends the Residential Tenancies Act 2004 by providing for an increase to the notice periods for the termination of certain tenancies, a requirement for landlords to serve a copy of any notice of termination on the RTB, and to remove the requirement on a tenant to provide their contact details to their landlord as a condition for a re-letting offer to be made, where certain circumstances arise. |
| Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 (No. 34 of 2022) | An Act to make emergency provision to defer the termination dates of certain tenancies that fall, or would fall, during the period from 30 October 2022 to 31 March 2023 in order to mitigate the risk that persons whose tenancies would otherwise be terminated during that period would be unable to obtain alternative accommodation. Provision is made for the deferral of the giving of effect to certain notices of termination where they have been served by a landlord on or before 29 October 2022 and specify a termination date that falls during the 'winter emergency period'. Provision is made for such terminations to take effect after the winter, in accordance with the Act, over the period from 1 April to 18 June 2023; to assist in managing demands on housing services as a result of such deferred termination. The Act also provides for related matters. |
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