The recently enacted Emergency Measures in the Public Interest (COVID-19) Act 2020 (the “Act”) made amendments in relation to the operation of certain provisions of the Residential Tenancies Act 2004.
The Act states that a landlord cannot raise the rent or terminate the tenancy of a tenant for a period of three months following the enactment of the Act and such further period as may be specified by order of the Government. The three-month emergency period originally ran from the 27th March until the 27th June and was later extended until the 20th July 2020.
If a landlord served a notice to raise the rent or terminate a tenancy before the emergency period began, the “clock stopped” on the 27th March and the tenants will have the same amount of days to vacate the premises on the 20th July that they did on the date of enactment of the emergency legislation. So, for example, if there were ten days left before a tenant was to leave a property on the 27th March, the 10 days remaining of the notice period will begin again after the 20th July. A landlord can still serve a warning notice if their tenant does not pay rent and can still issue a notice of termination when the emergency period ends.
The emergency period does not count towards the time spent as a tenant when calculating a Part 4 tenancy.
The Act does not apply to commercial tenancies.
For further information please contact John O’Connor Solicitors at 01 668 4366 or [email protected]
and we will be happy to advise you in relation to any tenancy matter.