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Rental Sector

Dáil Éireann Debate, Tuesday - 26 July 2022

Tuesday, 26 July 2022

Questions (617)

Paul Murphy

Question:

617. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the way that the new notice periods which must be provided by a landlord to end a tenancy from 6 July 2022 affect those who received their notice prior to this date (details supplied). [39703/22]

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Written answers

The Residential Tenancies Acts 2004-2022 regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

From 6 July 2022, Part 11 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 amends the Residential Tenancies Acts 2004-2022 to:

- Extend notice periods, by approximately two months, to be given to tenants when serving a Notice of Termination (NoT), where there has been no breach of tenant obligations, in tenancies of less than three years duration;

- Improve procedures where a landlord is required to make an offer of re-let;

- Require landlords to copy the RTB when serving a notice of termination; and

- Increase from 28 days to 90 days, the period from the date of receipt of a ‘no fault’ NoT for a tenant to submit a dispute as to the NoT’s validity to the RTB for resolution.

The revised notice periods for NoT's are as follows :

Duration of Tenancy

Notice Periods for Notice of Terminations served from 06 July 2022

Less than 6 months

90 days

Not less than 6 months but less than one year

152 days

Not less than one year but less than 3 years

180 days

Not less than 3 years but less than 7 years

180 days

Not less than 7 years but less than 8 years

196 days

Not less than 8 years

224 days

Further information can be found at: www.rtb.ie

In addition, all NoT's must be copied to the RTB at the same time as being served to the tenant and will be invalid if it is not so copied.

There is no provision in the RTA for retrospective application of the revised notice periods under section 66. These revised notice periods cannot apply to Notices of Termination served before the law came into effect.

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