The Emergency Measures in the Public Interest (Covid-19) Act 2020 was enacted on 27 March 2020. Part 2 of the 2020 Act provided for the operation of the Residential Tenancies Act 2004 during the Covid-19 emergency period up to 1 August 2020, to better protect tenants by prohibiting rent increases in all cases, and tenancy terminations in all but limited and exceptional cases having regard to:
- the threat to public health presented by Covid-19,
- the highly contagious nature of that disease, and
- the need to restrict the movement of persons in order to prevent the spread of the disease among the population.
From 1 August 2020, the blanket ban on rent increases inside or outside of a Rent Pressure Zone (RPZ) was lifted for all, apart from the most vulnerable tenants, with regard to the prevailing threat to public health at that time. The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020. This Act provides for a moratorium on evictions taking place in the event of peoples’ movements being restricted on public health grounds to within 5km of their home under Section 31A Health Regulations made by the Minister for Health. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations.
The Residential Tenancies and Valuation Act 2020 (RTVA) and subsequently, the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) provided that rent increases were not permitted to take effect during, or in respect of any part of, the period from 1 August 2020 until 12 July 2021, for tenants with rent arrears due to Covid-19 and at risk of losing their tenancy who make the necessary declaration. The Residential Tenancies (No. 2) Act 2021, which was signed into law on 9 July 2021, provided for an extension of the enhanced protections under the PDRTA until 12 January 2022.
During the 18 months from August 2020 to January 2022, 579 tenants out of almost 300,000 tenancies, sent a self-declaration to the RTB indicating they were unable to pay their rent as a result of the impact of Covid-19.
The RTVA also provides that permanent protections apply, through new procedures requiring landlords to serve both the RTB and the tenant with both the 28-day warning notice seeking payment of rent arrears and also any related notice of termination. Upon receipt of the warning notice, the RTB acknowledges receipt to the landlord and the tenant and provides information to the tenant to enable him or her to get advice from the Money and Budgeting Advice Service (MABS) and offers assistance to the tenant in obtaining this advice. Any notice of termination grounded on rent arrears must be copied to the RTB and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days following receipt of the warning by the tenant or by the RTB, whichever occurs later. The aim is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.
My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at a local level. Statutory responsibility in relation to the provision of homeless services rests with individual housing authorities.
While responsibility for the provision of accommodation for homeless persons rests with individual housing authorities, the administration of homeless services is organised on a regional basis, with nine administrative regions in place. A homelessness consultative forum has been established in each region in accordance with Chapter 6 of the Housing (Miscellaneous Provisions) Act, 2009. It is a matter for the management group of the consultative forum, in the first instance, to determine the services and the funding required to address homelessness in each region.
My Department has issued guidance to local authorities on the preparation of Homelessness Action Plans, with particular focus on the incorporation of Housing for All actions into these plans. This guidance advised that the Plans should contain measures to address relevant actions in Housing for All, particularly those that have been identified as to be led by local authorities. Additionally, all measures to be included in these Plans must be accompanied by details on how they will be progressed and monitored.
