Residential Tenancies Act 2020

In short

This law makes special provisions for residential tenancies during the COVID-19 emergency period, aiming to mitigate the impact of the pandemic on tenants' ability to find new accommodation. It primarily adjusts termination dates for tenancies and allows tenants to remain in their dwellings under certain conditions during this period.

What it regulates

The definition and duration of an "emergency period" related to COVID-19 travel restrictions.
How notices of termination for tenancies are affected during an emergency period.
The entitlement of tenants to remain in their dwelling during an emergency period.
The interpretation of terms like "landlord," "tenant," and "tenancy" to include licensors, licensees, and licenses, respectively.

Who it concerns

Landlords and licensors of residential dwellings.
Tenants and licensees of residential dwellings.

Key points

An "emergency period" is defined by regulations from the Minister for Health that impose travel restrictions outside a 5-kilometre radius of a person's residence.
If a termination notice's date falls during or after an emergency period, the termination date is revised to 10 days after the emergency period ends.
This revision does not apply if the termination is due to the tenant failing to meet obligations under specific sections of the Residential Tenancies Act 2004 (sections 16(h), (i), or (m), or section 67(2)(a)(ii)).
Tenants who received a termination notice before the emergency period and remained in occupation are entitled to stay until 10 days after the emergency period ends, under the same terms and conditions.

Legal text

Residential Tenancies Act 2020 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2020 Residential Tenancies Act 2020 Residential Tenancies Act 2020 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 17 of 2020 RESIDENTIAL TENANCIES ACT 2020 CONTENTS Section 1. Interpretation 2. Emergency period 3. Notices of termination under Act of 2004 4. Entitlement to remain in occupation of dwelling during emergency period 5. Short title and collective citation Acts Referred to Health Act 1947 (No. 28) Residential Tenancies (Amendment) Act 2019 (No. 14) Residential Tenancies Act 2004 (No. 27) Residential Tenancies Acts 2004 to 2019 Residential Tenancies and Valuation Act 2020 (No. 7) Number 17 of 2020 RESIDENTIAL TENANCIES ACT 2020 An Act, to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19; in order to mitigate, where practicable, the effect of the spread of that disease and to limit the adverse consequences resulting, or likely to result from the spread of that disease; and having regard to the burden caused by that risk to the normal functioning of society; and recognising the likelihood that necessary restrictions imposed in order to reduce that spread and its effect on society will impede the ability of tenants to find alternative accommodation and the consequent impact on the well-being of persons and families and on the availability of vital public service functions in relation to housing; to make provision in relation to the operation of certain provisions of the Residential Tenancies Act 2004 during a period of restrictions imposed upon travel to, from or within certain geographical locations pursuant to regulations under section 31A of the Health Act 1947 ; and to provide for related matters. [24th October, 2020] Be it enacted by the Oireachtas as follows: Interpretation 1.

(1)In this Act— “Act of 2004” means the Residential Tenancies Act 2004 ; “affected areas order” means an order made by the Minister for Health under section 31B of the Health Act 1947 ; “emergency period” shall be construed in accordance with section 2.

(2)In this Act— (

a)references to landlord shall be construed as including references to licensor within the meaning of section 37 of the Residential Tenancies (Amendment) Act 2019 , (
b)references to tenant shall be construed as including references to licensee within such meaning, and (
c)references to tenancy shall be construed as including references to licence within such meaning.

(3)A word or expression that is used in this Act and in the Act of 2004 shall, unless the context otherwise requires, have the same meaning in this Act that it has in the Act of 2004. Emergency period 2.

(1)An emergency period, in relation to the tenancy of a dwelling, shall be a period in respect of which the Minister for Health makes relevant regulations which impose restrictions on travel outside a 5 kilometre radius of a person’s place of residence, being the dwelling concerned, during a period specified in the relevant regulations.

(2)An emergency period shall include an emergency period in respect of which the Minister for Health made relevant regulations before the coming into operation of the Act and which emergency period has not expired on that coming into operation.

(3)In this section, “relevant regulations” means regulations made under section 31A of the Health Act 1947 which operate, subject to conditions contained in the regulations, to impose restrictions on travel in an area or region to which an affected areas order applies. Notices of termination under Act of 2004 3.

(1)Where a notice of termination served before or during an emergency period specifies a termination date that falls during or after the emergency period, the termination date shall be deemed to be the revised termination date.

(2)Subsection

(1)shall not apply to a notice of termination served by a landlord that cites as a reason for the termination concerned failure by the tenant to comply with one or more than one of his or her obligations under paragraph (h), (i) or (m) of section 16 or behaviour of the tenant that falls within subparagraph

(2)(a)(ii) of section 67 of the Act of 2004.

(3)A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004.

(4)In this section, “revised termination date” means the date that falls 10 days after the date referred to in paragraph (

a)or (b): (
a)in the case of a notice of termination served before the emergency period where the period of the notice has not ended before the commencement of the emergency period, that date immediately following the expiration of a period that consists of the aggregate of— (
i)the period of the notice given in the notice of termination that remains unexpired on the commencement of the emergency period, and (
ii)the emergency period; (
b)in the case of a notice of termination served during the emergency period, the date immediately following the expiration of a period that consists of the aggregate of— (
i)the period of notice given in the notice of termination, and (
ii)the unexpired period of the emergency period remaining on the date that the notice was served.

(5)Any second or subsequent emergency period affecting a notice of termination served in respect of the tenancy of a dwelling shall be included as appropriate in calculating the revised termination date under subsection

(4).

(6)This section shall not apply to a tenancy of a dwelling to which Part 2 of the Residential Tenancies and Valuation Act 2020 applies. Entitlement to remain in occupation of dwelling during emergency period 4.

(1)A tenant— (

a)upon whom a notice of termination was served in accordance with the Act of 2004 before the commencement of the emergency period, and (
b)who has remained in occupation of the dwelling to which the notice relates from the expiration of the required period of notice (whether or not with the consent of the landlord concerned) until the date of the commencement of the emergency period, shall be entitled to remain in occupation of the dwelling until the date that is 10 days after the expiration of the emergency period subject to terms and conditions that shall be the same as the terms and conditions that applied in respect of the tenancy of the dwelling concerned immediately before the service of that notice.

(2)A person shall not, by virtue of the operation of this section, acquire any rights under Part 4 of the Act of 2004. Short title and collective citation 5.

(1)This Act may be cited as the Residential Tenancies Act 2020.

(2)The Residential Tenancies Acts 2004 to 2019, the Residential Tenancies and Valuation Act 2020 (other than section 14 of that Act) and this Act may be cited together as the Residential Tenancies Acts 2004 to 2020. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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