Legal info leaflet: Landlord & Tenant

Summary

Our legal info leaflet on Landlord & Tenant law is currently being updated.

PLEASE NOTE:

As of 23 December 2016, a number of changes have been made to the law which affect the following areas:

Rent Predictability Measures
4-year tenancies to be replaced by 6-year tenancies
Quarterly publication of Dispute Resolution Timelines.

We are updating our leaflet to refect these changes and will have that available soon. The new info is available on the Residential Tenancies Board website including the formula for calculating rent increases.

Call our legal information helpline at 01-874 5690 (from mobile) and lo-call 1890 350 250 (from landline) for any questions.

The following headline matters have now been commenced:

2016 Act	Amendment to 2004 Act	Commencement Date
Section 33	New landlord obligation under Section 12 of the 2004 Act – the requirement for a landlord of a tenancy in a rent pressure zone, which commences on or after 24 December 2016, to inform the tenant in writing of the amount and date the rent was last set under a tenancy for the dwelling and how the rent was set having regard to section 19(4) and the new rent predictability formula	24 December 2016
Section 34	New Section 19(4) – rent predictability formula	24 December 2016
Section 35	Amendment to section 22 (Rent Review Notice) and the requirement to state the new rent and how the rent was set having regard to section 19(4) and the new rent predictability formula	24 December 2016
Section 36	New Section 24A, 24B and 24C in respect of Rent Pressure Zones	24 December 2016
Section 37	Extension of Part 4 tenancy cycle from 4 years to 6 six years	24 December 2016
Section 38	Amendment to Section 34, with cross reference to the new Section 35A	17 January 2017
Section 39	Amendment to Section 35(8) in respect of certain information to accompany a Notice of Termination where a landlord relies on the intention to sell ground when terminating under section 34. This amendment reflects the requirement to furnish a tailored Statutory Declaration to accompany a notice of termination where 10 or more dwellings in a development, which are the subject of tenancies, are being terminated.	17 January 2017
Section 40	New Section 35A – restriction on terminating certain tenancies (10 or more units in a development). Where a landlord is seeking to sell 10 or more units within a single development in a period of six months, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances (which must be reflected in the statutory declaration)	17 January 2017
Section 41	Repeal of Section 42 – abolition on terminating in first six months of Further Part 4 tenancy for no stated ground	17 January 2017
Section 42	Amendment to Section 62 to reflect the changes to terminating in the first six months of a Further Part 4 tenancy	17 January 2017
Section 43	Amendment to Section 100 – reducing the time period for appeals to a Tribunal of the RTB from 21 days to 10 working days	17 January 2017
Section 46	Insertion of a new Section 114A relating to the quarterly publication of certain statistics by the RTB	24 December 2016
Section 47	Amendment to Section 115 and redress that may be granted in a Determination Order to reflect changes to rent reviews in a Rent Pressure Zone	24 December 2016
Section 50	Amendment to Section 151 and additional functions of the RTB in respect of making reports to the Minister on rent pressure zones and the publication of certain statistics by the RTB on a quarterly basis	24 December 2016
Schedule – Part 1	Consequential amendments to reflect changes to Part 4 and six year tenancy cycles	17 January 2017
Schedule – Part 2	Consequential amendments to reflect changes arising from the repeal of Section 42 and the abolition on terminating in the first six months of a Further Part 4 tenancy for no stated ground	17 January 2017