Written answer
Rental Sector
1823. Deputy Shay Brennan asked the Minister for Housing, Local Government and Heritage if his Department, in consultation with the Residential Tenancies Board, has conducted a policy review regarding the impact of the 11 June 2022 cut-off date on security of tenure for families in long-term rented accommodation; and the planned reforms to close this gap before affected tenancies expire. [61878/26]
Comment on this
1824. Deputy Shay Brennan asked the Minister for Housing, Local Government and Heritage whether consideration has been given to removing the end-of-cycle no-fault termination right for pre-11 June 2022 tenancies where the landlord is a corporate body, institutional investment fund, or owner of four or more residential tenancies; if he acknowledges the policy distinction between smaller private landlords and institutional build-to-tent providers in this context; and if he will make a statement on the matter. [61877/26]
Comment on this
1825. Deputy Shay Brennan asked the Minister for Housing, Local Government and Heritage if he will consider legislative provisions allowing compliant tenants operating under transitional Part 4 cycles to automatically convert to tenancies of unlimited duration without triggering an end-of-cycle termination right for landlords; and if he will make a statement on the matter. [61876/26]
Comment on this
1826. Deputy Shay Brennan asked the Minister for Housing, Local Government and Heritage if his Department intends to introduce legislative measures to protect tenants whose tenancies commenced prior to 11 June 2022 from end-of-Part-4 no-fault terminations upon the expiry of their remaining six-year cycles; if his attention has been drawn to the discrepancy where post-June 2022 tenancies benefit from unlimited duration while long-standing, fully compliant pre-June 2022 tenants remain exposed to no-fault eviction; and if he will make a statement on the matter. [61874/26]
Comment on this
I propose to take Questions Nos. 1823, 1824, 1825 and 1826 together.
In accordance with both its Programme for Government and Housing for All commitments, the former Government provided for Tenancies of Unlimited Duration through the Residential Tenancies (Amendment) Act 2021. The Act was signed into law on 11 December 2021 and does not have retrospective application, in line with the advices of the Office of the Attorney General. The sector, including all categories of landlord, was provided with 6 months notice of the new tenancy of unlimited duration provisions coming into operation on 11 June 2022.
All new tenancies created on or after 11 June 2022 (i.e. 6 months after the enactment of the Residential Tenancies (Amendment) Act 2021) become tenancies of unlimited duration once the tenancy has lasted more than 6 months and no notice of termination (NoT) has been validly served on the tenant. The provision of tenancies of unlimited duration enhances security of tenure for tenants and simplifies the operation of the Residential Tenancies Act 2004 (the RTA), as amended.
Section 34(b) of the RTA, which provided for the termination of Part 4 tenancy without relying on a ground for termination under the RTA upon the expiry of the 6-year duration of a Part 4 tenancy/further Part 4 tenancy, was deleted by section 5 of the Residential Tenancies (Amendment) Act 2021. However, this measure could not be retrospectively applied to existing tenancies and could only apply to new tenancies created on/after 11 June 2022. As a transitional and necessary legal measure, section 34(b) continues to apply to tenancies created before 11 June 2022. Over time, section 34(b) shall no longer apply in the sector as tenancies transition to become tenancies of unlimited duration. The Residential Tenancies (Amendment) Act 2021 also provides that a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration. From 11 June 2028, section 34(b) will no longer have effect as 6 years (a Part 4 tenancy cycle) will have passed in respect of all tenancies that commenced before 11 June 2022. Given that the average duration of a tenancy is circa 4 years, it is likely that many tenancies that commenced prior to 11 June 2022 will no longer exist.
The Residential Tenancies (Miscellaneous Provisions) Act 2026 came into operation on 1 March 2026. The reform of the rental sector provides stronger protections for tenants and encourages investment in the sector through updated rent controls.
Subject to certain restrictions, the Act allows landlords to reset rents to market rent for new tenancies created (i.e. first time tenancies between parties) on or after 1 March 2026 and between tenancies thereafter, as well as at the end of each 6 year Tenancy of Minimum Duration (TMD).
In order to provide greater security of tenure for tenants, the Act provides stronger tenant protections by significantly restricting “no fault evictions” for new tenancies. The existing provision for tenancies of unlimited duration is strengthened by the incorporation of 6 year TMDs.
How a landlord can end any existing tenancy agreement (i.e. a pre March 2026 tenancy) is not impacted by the new rental changes. The stronger tenancy protections only apply to new tenancies from 1 March 2026. There is no 6-year rent resetting option or 6-year rolling TMDs for pre March 2026 tenancies.
For further information, please see the RTB link regarding rental market changes: https://rtb.ie/renting/rental-law-changes-from-1-march-2/.
My Department, the RTB and I keep the operation of the RTA and the residential rental sector under review and will work to ensure that an appropriately balanced policy and legislative framework is maintained. I have no plans to amend the tenancy of unlimited duration provisions of the RTA, which were carefully drafted in 2021 in line with the advices of the Office of the Attorney General.