Winter 2015 dsba.ie Owen Burke is a solicitor and trust and estate practitioner at Beauchamps Solicitors
Landlord and Tenant
tenancies of four years or more require a notice period of 112 days where the landlord terminates. The bill introduces further graduated increases up to a maximum of 224 days as set out in the table below:
temporary solution and it is to be hoped that normal functioning market conditions will return in the next number of years.
Notice of Rent Review A landlord will be required to give their tenant a minimum of 90 days notice as opposed to the 28day notice period which currently applies. When the landlord is notifying their tenant of a new rent, they must provide the notification in a particular format and they will be required to provide information to the tenant in relation to the tenant’s rights under the dispute resolution procedures through the PRTB. Supporting information must accompany the notice including information in relation to the rents of three similar dwellings in the area. One wonders how a landlord is to know this information and whether it will be acceptable for a landlord to provide evidence from websites such as Daft.ie. Landlords are required to notify the PRTB of an increase in rent within one month and this provision will remain. Landlords will be required to submit a signed statement by the tenant that they have been made aware of their rights and have been provided with the supporting documentation in relation to market rents. One wonders what the landlord’s rights will be if a tenant refuses to sign such a statement.
Notice Period for Tenancy Terminations The bill will introduce further notice periods for tenancies longer than four years. Under the table in Section 66 of the Residential Tenancies Act 2004,
By comparison to other European countries, social housing in Ireland makes up 9% of households compared to 31% in the Netherlands
5 years or more but less than 6 years 6 years or more but less than 7 years 7 years or more but less than 8 years 8 or more years
140 days 168 days 196 days 224 days
Extended periods for termination by the tenant will apply for tenancies over two years in duration.
Termination of Tenancies Under Section 34 of the Residential Tenancies Act 2004, there are six grounds set out in the table contained in that section which provide for the termination of a tenancy by a landlord. The bill will amend this table to provide that a landlord will have to explain in a written statement to the tenant why a property might no longer be suitable for the tenant’s accommodation needs having regard to the number of beds, size and composition of the tenant’s household. A landlord will have to make a statutory declaration where it is their intention to sell a property or where the property is to be occupied by the landlord or a member of the landlord’s family. Where the landlord proposes to change the use of the property, a copy of the planning permission must be provided to the tenant. The rationale behind these amendments is to further protect tenants from so called unscrupulous landlords who are using the existing provisions to terminate tenancies. the Parchment 19
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