In short
This law extends the "emergency period" related to residential tenancies and planning and development, primarily due to the ongoing Covid-19 pandemic and its impact on tenants' ability to pay rent. It aims to prevent a significant increase in tenancy terminations.
What it regulates
- The duration of an "emergency period" previously defined in other acts.
- The termination dates for certain notices of termination served on tenants.
- Amendments to the Planning and Development, and Residential Tenancies, Act 2020.
- Amendments to the Residential Tenancies Act 2020.
Who it concerns
- Tenants in residential tenancy accommodation, especially those facing unemployment due to Covid-19.
- Landlords who issue notices of termination.
Key points
- The "emergency period" is extended from "12 April 2021" to "12 July 2021".
- For certain notices of termination, references to 28 days are changed to 90 days.
- A notice of termination cannot specify a termination date earlier than 13 July 2021.
- If a notice of termination was served during the emergency period citing failure to pay rent, and specified a termination date between 13 April 2021 and 13 July 2021, the termination date is deemed to be 13 July 2021.
📄 Legal text
Residential Tenancies Act 2021
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Residential Tenancies Act 2021
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Number 5 of 2021
RESIDENTIAL TENANCIES ACT 2021
CONTENTS
1. Amendment of Planning and Development, and Residential Tenancies, Act 2020
2. Amendment of Residential Tenancies Act 2020
3. Short title and collective citation
Acts Referred to
Planning and Development, and Residential Tenancies, Act 2020
(No. 27)
Residential Tenancies Act 2020
(No. 17)
Residential Tenancies Acts 2004 to 2020
Number 5 of 2021
RESIDENTIAL TENANCIES ACT 2021
An Act to extend the emergency period specified in the
Planning and Development, and Residential Tenancies, Act 2020
; for that purpose to amend that Act and the
Residential Tenancies Act 2020
; and to provide for matters connected therewith.
[30th March , 2021]
WHEREAS the disease known as Covid-19 continues to present a serious risk to public health, and the transmission thereof has proven difficult to prevent, and it continues to be necessary for the State to adopt extraordinary measures and safeguards aimed at containing that disease and preventing, minimising and reducing the risk of infection of persons with the disease;
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 tenancy 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 crisis occasioned by the spread of the said disease is causing and will continue to cause significant harm to the economy of the State and has, thus far, resulted in a substantial increase in the number of persons who have become unemployed;
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;
Be it enacted by the Oireachtas as follows:
Amendment of Planning and Development, and Residential Tenancies, Act 2020
1. The
Planning and Development, and Residential Tenancies, Act 2020
is amended—
(a) in section 9, by the substitution of “12 July 2021” for “12 April 2021” in the definition of “emergency period” in subsection (1),
(b) in section 10, by the substitution of “12 July 2021” for “12 April 2021” in paragraph (b) of the definition of “relevant person” in subsection (6),
(c) in section 11, by the substitution of “12 July 2021” for “12 April 2021” in paragraph (b) of the definition of “relevant person” in subsection (6),
(d) in section 12, by—
(i) the substitution of the following paragraph for paragraph (a) of subsection (1):
“(a) Subject to paragraph (b) and subsection (1A)—
(i) section 67 of the Act of 2004 shall have effect in relation to a notice of termination to which this subsection applies as if the references in paragraphs (aa) and (b) of subsection (2) of that section to 28 days were references to 90 days, and
(ii) a notice of termination to which this subsection applies shall not specify a termination date that falls earlier than 13 July 2021.”,
(ii) the insertion of the following subsection:
“(1A) (a) Subject to paragraph (b), if a tenant under the tenancy of a dwelling is a tenant in relation to whom this Part applies, the termination date under any notice of termination to which this subsection applies served on that tenant during the emergency period shall, instead of the termination date specified therein, be deemed to be 13 July 2021.
(b) If this Part ceases to apply in relation to a tenant on whom a notice to which this subsection applies was served, then, upon the expiration of the period of 10 days from this Part’s ceasing to apply in relation to the tenant, paragraph (a) shall cease to apply to that notice.
(c) This subsection applies to a notice of termination served on a tenant during the emergency period that—
(i) specifies a termination date that falls on or after 13 April 2021 and before 13 July 2021, and
(ii) 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.”,
and
(iii) the substitution of “13 July 2021” for “13 April 2021” in paragraph (a) of subsection (2),
and
(e) in section 16, by the substitution of “12 July 2021” for “12 April 2021”.
Amendment of Residential Tenancies Act 2020
2. The
Residential Tenancies Act 2020
is amended—
(a) in section 3, by—
(i) the insertion of “(a),” after “paragraph” in subsection (2), and
(ii) the deletion of subsection (6),
and
(b) in section 4, by the insertion of the following subsection:
“(3) In this section ‘notice of termination’ does not include a notice of termination that cites as a reason for the termination concerned the failure by the tenant to comply with paragraph (a) of section 16 of the Act of 2004.”.
Short title and collective citation
3. (1) This Act may be cited as the Residential Tenancies Act 2021.
(2) The Residential Tenancies Acts 2004 to 2020 and this Act may be cited together as the Residential Tenancies Acts 2004 to 2021.
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