Written answers
Tuesday, 24 June 2025
Department of Communications, Climate Action and Environment
Rental Sector
John Lahart (Dublin South West, Fianna Fail)
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482. To ask the Minister for Housing, Planning, and Local Government the way in which the market rate will be determined under the proposed rental regulation changes; if there will be a standardised or verifiable methodology to ensure consistency and transparency in its application; and if he will make a statement on the matter. [33516/25]
James Browne (Wexford, Fianna Fail)
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Section 24 of the Residential Tenancies Acts 2004 to 2025 (the RTA) defines 'market rent', in relation to the tenancy of a dwelling, to mean 'the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given, and having regard to—
(a) the other terms of the tenancy, and
(b) the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated.'
Section 19(1) of the RTA provides - 'In setting, at any particular time, the rent under the tenancy of a dwelling, an amount of rent shall not be provided for that is greater than the amount of the market rent for that tenancy at that time.'
Section 22(2A)(c) of the RTA provides that a notice of rent review must "include a statement by the landlord that in his or her opinion the new rent is not greater than the market rent, having regard to—
(i) the other terms of the tenancy, and
(ii) letting values of dwellings—
(I) of a similar size, type and character to the dwelling that is the subject of the tenancy, and
(II) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated,"
Section 22(2A)(d) of the RTA requires the landlord to specify in a notice of rent review, 'the amount of rent sought for 3 dwellings -
(i) of a similar size, type and character to the dwelling that is the subject of the tenancy, and
(ii) situated in a comparable area to that in which the dwelling the subject of the tenancy concerned is situated.'
The aforementioned provisions will be examined in the context of development of legislation to introduce the policy changes to rent regulation and security of tenure, which will be introduced on 1 March 2026.
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