Government survives Labour & Sinn Feins no-confidence motion and Eviction Ban will be lifted this Saturday 1st of April.

Below we discuss what this means for both Tenants& Landlords
Due to the housing crisis and the cost-of-living facing the Irish public, legislation was passed through the Oireachtas to put in place an eviction ban from 28 October 2022. Yesterday the government survived a no-confidence motion so the Ban will be lifted as
planned.

This Ban deferred the termination date of tenancies originally meant to end between 28 October 2022 and 31 March 2023. The deferment is staggered based on the original termination date.

So what does this mean for both tenants and landlords?

Tenants

Who does the eviction ban apply to?

– Tenants in the Private Rental Market.

– Students instudent-specific accommodation.

During eviction ban you may have received a termination order. Whilst this was allowed, the order was not valid until the Ban was lifted. Now that this will happen on Saturday April 1st, the below chart shows what time-frame you are allowed.

New termination dates:

If your original termination date was between 28th October 2022 and 31st January 2023, your new termination dates are as follows:
     

Duration of Tenancy      

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If your original termination date was between 1st February 2023 and 31st March 2023, your new termination dates are as follows:

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How do I appeal mytermination order if I feel it is incorrect?
We would advise that you contact the RTB (Residency Tenancy Board). They will go through your termination order and decide if the correct notice was issued. If not then they will raise a dispute on your behalf.

Landlords
If you are looking to issue a termination order or have done so previously, this will come now back into effect as and from April 1st.

How much notice does my tenant require if I am to serve a termination order?
Please see the table above which outlines the time frame required if you have issued it previously.

If you are serving the notice now then you must abide by the table below.
  

Duration of tenancy notice period        

  • Less than 6 months - 90 days           
  • Not less than 6 months but less than one year - 152 days          
  • Not less than 1 year 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      

These new notice periods donot apply where the Notice of Termination is served for a breach of tenant obligations or rent arrears. Please note that “duration” refers to the total period of time in which a tenant has been living in the dwelling i.e. from the commencement date of the tenancy up to and including the date on which the
Notice of Termination is served.

It is important that those issuing Notices of Termination familiarise themselves with the notice periods, as failing to issue a notice of termination with the correct number of days may invalidate the Notice of Termination in full.

Landlords must also send acopy of the Notice of Termination to the RTB at the same time as they serve it on the tenant. Failure to send a copy to the RTB at the same time will
invalidate the Notice of Termination. 

By law the notice period starts on the day immediately following the date of service of the Notice of Termination. The date of service, which must be stated in the Notice of Termination, is the date the notice is posted, or hand delivered.

Example: 

On Monday, 1 July, a landlord posts a Notice of Termination to the tenant giving 28-days’ notice that the tenancy is being terminated. 1 July is the date of service. The 28-day notice period, starts on Tuesday, 2 July.

It is a good idea forlandlords to give some extra days’ notice to tenants to make sure the minimum notice period required in the particular circumstance is covered.

Do I need to involve my solicitor or will my agent look after termination order?

Whilst your agent canadvise on the dates required and liaise with your tenant, you will need a Statuary Declaration from your solicitor stating the reason you are serving the
termination order. Therefore it is always advisable that your solicitor issue
the notice with the help of your agent as they will have the lease agreement
with start date.

Please ensure that all correct details are on the termination order including correct dates, signatures and Statuary Declaration with reasons for vacating as any of these
excluded will result in your order being deemed invalid.
 

What if I need more information or I am unsure?

Should you have any further questions in relation to your tenancy, please do not hesitate to contact our offices and a member of staff will gladly help.

Ultimately, more information for both tenants and landlords can be found on The RTB website https://www.rtb.ie/ and we would advise anyone who seeks answers on either to read through this website.

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