Residential Tenancies and Valuation Act 2020

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PART 1

Preliminary and General

Section 1

Section 2

PART 2

Protection of Tenants During Emergency Period

Section 3

Section 4

Section 5

Section 6

Section 7

PART 3

Miscellaneous

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

WHEREAS the rise in unemployment among persons who reside in residential tenancy accommodation has had an adverse impact on the ability of such persons to meet their obligations to pay rent due, thereby presenting an imminent risk that a significant number of residential tenancies will be terminated by landlords;

WHEREAS any significant increase in terminations of residential tenancies accommodation by landlords increases the likelihood that the former occupants of such accommodation would have great difficulty securing alternative accommodation which could cause acute aggravation of difficulties in the residential accommodation sector including difficulties relating to overcrowding, thereby presenting a substantial risk of spread of that disease with a consequent need for measures to counter its spread that would likely have further adverse economic consequences for the State;

WHEREAS the State has already taken significant measures to deal with the aforementioned crisis including measures to support the economy that have required and continue to require substantial disbursement and expenditure of public moneys; and WHEREAS the Oireachtas has, with regard to

Part 2

and section 13 of this Act, taken account of the matters referred to in the foregoing recitals.

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General Short title and collective citations 1. (1) This Act may be cited as the Residential Tenancies and Valuation Act 2020.

Definitions 2. In this Act— “Act of 2004” means the Residential Tenancies Act 2004 ; “Act of 2020” means the Emergency Measures in the Public Interest (Covid-19) Act 2020 .

PART 2

Protection of Tenants During Emergency Period Interpretation 3. (1) In this Part— “Act of 2005” means the Social Welfare Consolidation Act 2005 ; “Covid-19” has the meaning assigned to it by the Act of 2020; “emergency period” means the period from the date of the passing of this Act to 10 January 2021.

Application of Part 4. (1) Subject to subsection (2), this Part applies in relation to a tenant who serves a declaration in writing (in such form as may be specified by the Board) on the Board, and a true copy thereof on the landlord, in relation to the tenancy of a dwelling that— (a) he or she is a relevant person, and (b) as a consequence thereof, there is a significant risk that that tenancy of the dwelling will be terminated by the landlord, and references in this Part to tenant or tenancy of a dwelling shall be construed accordingly.

Notices of termination served during emergency period 5. (1) This section applies to a notice of termination served on a tenant during the emergency period that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.

Prohibition on rent increases during emergency period 6. Notwithstanding the Act of 2004— (a) an increase in the rent under the tenancy of a dwelling that, but for this section, would take effect during the emergency period shall not take effect during that period, and (b) an increase (other than an increase that came into effect before 27 March 2020) in the rent under the tenancy of a dwelling shall not be payable in respect of the emergency period or any period falling during the emergency period.

Service of declaration under section 4 7. (1) A declaration under section 4 or a true copy (within the meaning of section 4 ) thereof shall be addressed to the person on whom it is required to be served by name, and may be so served on the person in one of the following ways: (a) by delivering it to the person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address; or (d) by electronic means— (i) in accordance with such requirements as may be specified by the Board, in the case of a declaration under section 4 , or (ii) with the consent in writing of the landlord, in the case of a true copy referred to in subsection (1).

PART 3

Miscellaneous Proceedings before Tenancy Tribunal under Act of 2004 8. Subsection (1) of section 106 of the Act of 2004 shall not have effect during the period from the date of the passing of this Act to 10 January 2021.

Amendment of section 34 of Act of 2004 9. Section 34 of the Act of 2004 is amended— (a) in paragraph 1 of the Table to that section, by the insertion of “(other than the obligation to which paragraph (a) of section 16 applies)” immediately after “obligations”, and (b) by the insertion of the following paragraph in that Table: “1A. The tenant has failed to comply with paragraph (a) of section 16 in relation to the tenancy concerned and the condition specified in subsection (3) (inserted by paragraph (b) of section 12 of the Residential Tenancies and Valuation Act 2020) of section 67 has been satisfied.”.

Amendment of section 35 of Act of 2004 10. Section 35 of the Act of 2004 is amended by the deletion, in subparagraph (i) of paragraph (b) of subsection (2), of “(or, if the failure consists of the non-payment of rent, pay the arrears of rent)”.

Referral of notice of termination to adjudicator under Act of 2004 11. The Act of 2004 is amended by the insertion, in Chapter 3 of Part 4 of the following section: “39A. (1) Where a landlord serves a notice of termination in relation to the tenancy of a dwelling for failure by the tenant to comply with paragraph (a) of section 16, he or she shall, on the day on which he or she so serves that notice of termination, serve a copy thereof on the Board.

Amendment of section 67 of Act of 2004 12. Section 67 of the Act of 2004 is amended by— (a) the substitution of the following paragraph for paragraph (aa) of subsection (2): “(aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied,”, (b) the substitution of the following subsection for subsection (3): “(3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that— (a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and (b) that amount is not paid to the landlord within the period of 28 days following— (i) receipt of the notification by the tenant, or (ii) receipt of the notification by the Board, whichever occurs later.”, and (c) the insertion of the following subsections: “(3A) Where the Board receives a notification under subsection (3), it shall forthwith— (a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca)(inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008 ) of subsection (1) of section 7 of the Comhairle Act 2000 , and (b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice. (3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection. (3C) Service of a notice of termination for failure by a tenant to pay an amount of rent due in respect of the tenancy of a dwelling shall be deemed to be invalid if the landlord contravenes subsection (1) of section 39A (inserted by section 11 of the Residential Tenancies and Valuation Act 2020).”.

Amendment of Act of 2020 13. Section 5 of the Act of 2020 is amended by— (a) the substitution of the following subsection for subsection (6): “(6) In this section ‘revised termination date’ means, in relation to a notice of termination served before the emergency period, the later of the following dates: (a) the date immediately following the expiration of a period that consists of the aggregate of— (i) the period of notice that remained unexpired on the commencement of the emergency period, and (ii) the emergency period; or (b) 10 August 2020.”, and (b) the deletion of subsection (7).

Application of section 25 of Valuation Act 2001 14. (1) Section 25 of the Act of 2001 shall, during the period commencing on the date of the passing of this Act and ending on 31 December 2022, apply in relation to the rating authority area of Dun Laoghaire-Rathdown County Council as if, in subsection (2), the reference to 10 years were a reference to 12 years.

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