Key changes to the Residential Tenancies Act 2004 – 6 July 2022

The introduction of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (“the 2022 Act”) has brought about a number of significant amendments to the Residential Tenancies Act 2004 (“the Act 2004”) effective from 6 July 2022.

Landlords need to pay particular attention to the following key changes set out below to ensure they are compliant with the changes brought about by the 2022 Act:-

• Increase in Notice Periods

There has been an increase in notice periods required to be given by the Landlord in tenancies that are less than three years old

• Notice of Termination

Any notice of termination served by the landlord on a tenant on/from the 6 July 2022 MUST be served simultaneously on the Residential Tenancy Board (“RTB”).  Failure on the part of the Landlord to do this, will result in the Notice of Termination being invalid. Landlords are advised to complete a notice of termination form and submit this form together with a copy of the notice of termination by email or registered post to the RTB.  This applies also to tenancies that have lasted less than six months.

• Obligation of the Landlord to offer tenant opportunity to re let property if applicable

Under the 2004 Act, where a landlord has issued a valid Notice of Termination to end the tenancy for the grounds below, the onus was on the tenant to provide their details to the landlord within 28 days upon Notice of Termination being served, in the event the property became available for reletting after they had vacated the property;

– Sale of Property
– Change of Use of Property
– Substantial change to Property
– Property required for Family member

However, the 2022 Act now shifts the onus onto the landlord to ensure that they have made reasonable efforts to obtain the previous tenant’s details and offer the property back to them and continue the tenancy previously vacated following a notice of termination.  The RTB can assist in providing contact details of the previous tenant to the landlord for purpose of facilitating a reletting offer.  The 2022 Act, provides that the tenant will have seven days to accept an offer to relet the property previously vacated.

• Rent Arrears

It is to be noted that this procedure remains unchanged and the landlord must continue to serve a 28 day written rent arrears warning on the tenant and the RTB.  Again, the landlord must serve the warning notice on both the tenant and the RTB at the same time.  Further, the landlord must comply with the changes when serving Notice of Termination on the tenant for rent arrears.  Failure to provide the RTB with copies, will result in the Notice of Termination being invalid.

• Increase time period to bring a dispute to RTB

The 2022 Act has increased the time period to bring a dispute to the RTB relating to the Notice of Termination from 28 days to 90 days.  Please note disputes regarding breach of obligations remains at 28 days.

The provisions of the 2022 Act have commenced since 6 July 2022 and it is important going forward to ensure all new procedures are complied with to ensure all notices served are valid.

For more information in relation to this topic, please contact Roisin Bennett at rbennett@reddycharlton.ie