I propose to take Questions Nos. 650 and 651 together.
The Residential Tenancies Acts 2004-2020 regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
The RTB displays comprehensive information on its website - www.rtb.ie - including guidance and frequently asked questions documents relating to terminating tenancies during the Covid-19 pandemic.
Section 34 of the Acts provides that a landlord must state a reason for the termination in any tenancy termination notice served, and the termination will not be valid unless that reason relates to one of the following:
- the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;
- the tenant has failed to comply with the obligation to pay rent under the tenancy;
- the landlord intends to sell the dwelling within the next 9 months;
- the dwelling is no longer suited to the needs of the occupying household;
- the landlord requires the dwelling for own or family member occupation;
- vacant possession is required for substantial refurbishment of the dwelling; and/or
- the landlord intends to change the use of the dwelling.
Since 4 June 2019, where a landlord terminates a tenancy because he/she intends to sell the property, he/she must enter into a contract for sale within 9 months of the termination date and, if not, must offer to re-let to a former tenant who provides their contact details. Since 1 July 2019, the RTB is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts 2004-2020 to investigate improper conduct by landlords and to impose sanctions, where appropriate. In particular, an unlawful tenancy termination may be investigated with the landlord liable to a sanction of up to €30,000.
Section 56 of the Residential Tenancies Acts provides for the award of damages for abuse of the termination procedure, and the RTB can make a direction that a landlord pay an amount by way of damages for the deprivation of the tenancy.
The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020. The Act aims to mitigate the impact of Covid-19 on tenants and to support the Government's efforts to restrict the movement of people in order to suppress the spread of this virus.
The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent notices of termination served by landlords, including those grounded on an intention to sell but excluding those grounded on anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations.
Once the Minister for Health makes regulations restricting movement outside a 5 km radius of one's place of residence, the moratorium on evictions taking place takes place. A moratorium on evictions taking place is currently in operation throughout the country from 31 December 2020 to 15 April 2021, with limited exceptions. Notices of termination can be served during this time but a termination cannot take effect until after 15 April 2021 (i.e. 10 days after the expected lifting of the current 5 km restriction on travel from home), subject to certain exceptions.
For most tenants, the original period of notice of termination given by the landlord would not have expired when the emergency protections under the Residential Tenancies Act 2020 came into effect, and the count-down on the unexpired notice period will pause while these protections are in place. However, section 4 of the Residential Tenancies Act 2020 provides that where a valid termination notice was served before the commencement of an emergency period under that Act (i.e. before 31 December 2020, in the context of the current emergency period), and the notice period has expired by that date but the tenant remains in occupation, he or she is entitled to remain in occupation during the emergency period and for 10 days following the expiry of the emergency period (i.e. up to and including 15 April 2021), subject to any further extension to the emergency period in line with any extension to the 5 km travel restriction under Section 31A Health Regulations. The usual terms and conditions of the tenancy apply during such a period of occupation.
