All Things Newz
Law \ Legal

Regulation Of Providers Of Building Works And Miscellaneous Provisions Act 2022 – Amendments To The Residential Tenancies Act 2004 – Landlord & Tenant – Leases



To print this article, all you need is to be registered or login on Mondaq.com.

Further changes to the Residential Tenancies Act 2004 (the
2004 Act“) have been introduced by the
Regulation of Providers of Building Works and Miscellaneous
Provisions Act 2022 (the “2022 Act“)
which was signed into law by President Higgins on 6 July 2022.

Landlords need to be conscious of these changes as a failure to
comply with the new notice periods or other changes brought about
by the 2022 Act could result in a notice of termination served on a
tenant being deemed invalid by the RTB.

Section 92 of the 2022 Act removes the obligation on a tenant to
provide contact details in the event that the property becomes
available for reletting after the service of the notice of
termination.

Section 93 of the 2022 Act provides for consequential amendments
given the alteration made in Section 92, together with imposing a
longstop date of 7 days for the tenant to respond to an offer to
take back possession and continue the tenancy previously vacated
following a notice of termination.

Section 94 of the 2022 Act provides that at the time of service
of a notice of termination, a copy must be served on the RTB. The
previous provision obliged a landlord to serve a copy notice of
termination on the RTB only in the case of non-payment of rent. The
deletion of reference to Section 16a of the 2004 Act now makes this
requirement mandatory for all notices of termination served.

Section 95 of the 2022 Act provides for the increase in the
maximum notice period for tenancies of less than 6 months to 90
days.

Section 96 of the 2022 Act provides for new notice periods to be
given in respect of a notice of termination served by a landlord on
a tenant, as follows:

Termination by Landlord

  • Duration of Tenancy 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 7 years 180
    days

  • Not less than 7 years but less than 8 years 196
    days

  • Not less than 8 years 224 days

There are also provisions within Section 96 of the 2022 Act to
allow the Minister for Housing, Local Government and Heritage to
review the operation and report on the changes made to the notice
periods.

Section 97 of the 2022 Act is a consequential amendment given
the widening of the obligation to serve notice on the RTB in
respect of all notices of termination issued.

Section 98 of the 2022 Act provides for an increase in the time
to bring a dispute to the RTB to 90 days for those disputes
relating to a notice of termination save where such notices relate
to a breach of obligations. Where disputes relate to a breach of
obligations the period to bring a dispute to the RTB remains at 28
days.

The Residential Tenancies Acts should now be cited as
The Residential Tenancies Acts 2004-2022. The
provisions above commenced on enactment on 6 July 2022 and all
notices served must comply with the above provisions from that
date.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

POPULAR ARTICLES ON: Real Estate and Construction from Ireland

NEC Accepted Programmes: A Practical Guide

Fenwick Elliott LLP

The Accepted Programme sits right at the heart of the NEC form of contract. Its aim is to encourage good project management by not only ensuring that all parties to the project know what they…



Source link

Related posts

Implementation Issues Arise Following Mexico’s Customs Agency Reorganization Under Military Authority – International Trade & Investment

Five Ways To Minimise Outsourcing Risk – Fund Management/ REITs

Government Of Canada Publishes Final Clean Fuel Regulations – Renewables