Landlords must give extended notice period according to new legislation

On 5^th July, President Higgins signed the Regulations of Providers of Building Works and Miscellaneous Provisions 2022 (the ‘Bill’) into law.

Increase in minimum notice period for tenants

The Bill has increased the minimum amount of notice that a landlord is required to give a tenant, where the tenant has been in occupation of a property. The notice to be given to the tenant depends on the length of occupancy.

The Minister for Housing, Darragh O’Brien, said the reason for the extended notice is to give tenants time to find alternative accommodation and to ensure a more secure rental market for renters.

Notice period extensions based on length of occupancy

For tenants renting a property for less than 6 months, the new law provides for notice of 90 days, rather than 28 days under the previous legislation. For tenants in occupation of a property for over six months but under 12 months, the notice period will increase from three months to five months; and tenants in a rented property for over 12 months but under three years will be entitled to six months as opposed to the four months under the current legislation.

Residential Tenancies Board must receive copy of all eviction notices

Under the new legislation, landlords are required to send copies of the eviction notice to the Residential Tenancies Board (the “RTB”) at the same time that it is provided to the tenant. A failure to notify the RTB will mean the landlord’s notice will be void and unenforceable.

On receipt of the notice, the RTB must write to the tenant setting out their rights and obligations under the Residential Tenancies Acts 2004 – 2021 and the services available to the tenant by the RTB. The RTB must seek the tenant’s contact details in the event the property becomes available again.

About the author: Marc Fitzgibbon is Senior Partner at Lavelle Partners.