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The Minister for Housing, Local Government and Heritage, Darragh O’Brien, has today received Cabinet approval for legislation which will provide a temporary and conditional stay on tenancy terminations this winter.
The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, will defer no fault tenancy terminations that are due to occur during the coming winter months from taking effect until after 31 March 2023.
Welcoming the government’s decision, Minister O’Brien said:
“The government is very aware of the increasing pressure on homeless services, the limited supply in the rental market and the struggles people are facing over the coming winter months. This temporary measure will protect renters who are facing homelessness by deferring any ‘no fault’ tenancy terminations from taking place this winter.
“We are also conscious of the impact of such measures on landlords, particularly our smaller or ‘accidental’ landlords and that is why we are ensuring that where a tenant wilfully withholds rent or engages in anti-social or criminal behaviour they will not be protected by this legislation.
“We will continue with the implementation of Housing for All and significantly increasing the supply of housing in this country. While this emergency measure is necessary and will provide assistance in the short term, the long term answer to our accommodation challenges remains an increased and sustainable supply of new housing.”
The legislation will also cover licences/tenancies in student specific accommodation and student tenancies in the general rental market.
It will still be possible to serve a Notice of Termination during the winter period and the protection introduced today will not extend to a tenant who simply chooses not to pay his or her rent or is in breach of other tenant obligations. Where the tenant is at fault, the tenancy can be terminated during the winter subject to the usual notice periods to be given.
Any person who has had a valid ‘no fault’ notice of termination served, will not have their tenancy terminated during the winter emergency period. The deferred date for the termination of such a tenancy will take effect based on a number of factors (that is, the date that the notice was served and the duration of the relevant tenancy) on a phased basis between 1 April - 18 June 2023.
A notice of termination can still be served, but it cannot take effect during the winter emergency period. Any notice of termination served during the winter emergency period in respect of tenancies of less than 6 months’ duration cannot specify a termination date that falls earlier than 18 June 2023.
No, there won’t be a cliff-edge on 1 April and notices of termination which have been issued will take effect, based on a number of factors (that is, the date that the notice was served and the duration of the tenancy) on a phased basis between 1 April - 18 June 2023.