Changes to rent controls announced - discussion
- Thread starter Brendan Burgess
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I think that the old rules will continue to apply with current leases - the new rules banning no fault evictions only come in for new leases entered into post 1 March 2026, so if you have a current lease you can still evict to sell at any time during that lease.
Open to correction, but I don't think they can unilaterally and retrospectively change the rules on current leases.
JoeRoberts
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But they did before when bringing in the rpz
That was an 'emergency' and 'temporary' measure lasting three years max!!!!
Here they would be changing the fundamental nature of the lease which a person entered into. I don't think they can do that and I don't think they have said they are doing that. The press release doesn't on my reading say that. It talks about no fault evictions ending for new leases entered into post March 2026.
I have been prioritizing shorter tenures for the past few years. It's a bit more costly. However, I find that it is easier to keep the property in shape as it allows us to have a thorough review of issues between rentals. Some of our renters never informed us that there was an issue with the ventilation system and a leak despite regular visits. There are no shortage of Irish renters who are looking at renting for a couple of years.
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Yes all good points....my post was more of thought experiment.
In the period post-2008 one could argue the scales we're tipped deeply in the favor of tenants as the economy & rental market for landlords imploded...not a single voice at that time talked about rent controls to stop rents falling. Why? It met all the criteria you talked about. it wasn't a level playing -tenants we're dictating things, the country had too many properties and not enough tenants, tenants heldall the cards. Its very much the inverse of today.
The answer of course is populism. Tenants out-number landlords. They have more votes. Politicians feed to the public what is popular to get power. Rent controls are popular - but over the long term they hurt the people they purport to want to help. That's where we are now - a population living with the consequences of a decade of rents controls.
Is there any possibility that this will not be approved or constitutional??
Ir seems to go against all our constitutional rights.
1. a small landlord not being able to give a tenant notice to vacate if he wants to sell a property until 6 years has passed
2.large landlord not being able to get vacant possession at all and has permanent ban in no fault evictions
is this constitutional?
Ir seems to go against all our constitutional rights.
1. a small landlord not being able to give a tenant notice to vacate if he wants to sell a property until 6 years has passed
2.large landlord not being able to get vacant possession at all and has permanent ban in no fault evictions
is this constitutional?
I don't think so. I think they've solved it this way:
1. All current leases stay as they are - you can evict for sale etc.
2. When the current lease ends post 1 March 2026, it is up to you to enter into a new one with a new tenant. If you do so, you are fully aware of what the rules are and have made decision to restrict your property rights with your eyes wide open, so you can't say your constitutional rights have been breached. If you didn't know the rules, ignorance of the law is no defence.
Can I ask another question please. My tenants (3) all sign a seperate lease agreement. However, if one of them leaves does that mean the tenancy has ended. A new tenant comes in and a new tenancy is created? Any help with this question would be appreciated. Thanks
On that one I have no idea. I'd recommend that once the legislation is drafted, you bring the leases to a solicitor and ask him or her. These situations are complicated anyway and this will likely only make it more confusing.
I think you are correct on the first point. A lease created prior to 1 March 2026 is still part of the old system.
However, you can't just terminate it after one year even if you grant a one year lease. Once a tenant is in for 6 months, they have an indefinite tenancy which can only be terminated by you if you are selling, moving in a relative or carrying out very substantial renovations. One year tenancies were abolished in 2004. Bottom line is you can't ask a tenant to leave after one year even if the lease says that it is for one year.
The Horseman
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If you interpret the law then each lease is a contract in itself and if one person leaves you are within your rights to up the rent to market rates for a third of the market rent for the property. The new tenant is subject to the rules applicable to that person. It is not the property that is subject to the legislation its the lease that is.
Technically, you might be in a position to reset the rent as each tenant leaves of their own accord which could be advantageous for you (although a bit cumbersome in terms of admin work etc).
Yes, that is my understanding (but you do need to keep at eye on developments).
We currently have a one year lease agreement (small landlord) with our tenant in an RPZ location, which is due for renewal this coming September. Normally we would issue a new lease with the only change being the increase in monthly rent payment (lower of CPI or 2%). If we do this again 12 months later, from what I've read it would appear that the 6 year rule would apply from the commencement of the subsequent lease in September 2026 and we would be unable to sell the property for 6 years from that date.
Would a lease agreement of indefinite duration with a clause built in to allow annual rent increases (lower of CPI or 2%) with a commencement date of September 2025 enable us to circumvent the 6 year rule for new leases post March 2026 and give us the flexibility to sell if or whenever we want to?
Would a lease agreement of indefinite duration with a clause built in to allow annual rent increases (lower of CPI or 2%) with a commencement date of September 2025 enable us to circumvent the 6 year rule for new leases post March 2026 and give us the flexibility to sell if or whenever we want to?
This is very difficult to explain and causes awful confusion, but there really hasn't been any such thing as a 'one year lease' since 2004.
Basically, your lease is one of indefinite duration. The legislation overrides and cancels out the one year term you put in - so it just continues from when it started.
The legislation created the Part IV lease. That gives the landlord the right to terminate within the first 6 months for any reason, thereafter only for sale etc. The tenant can leave at any point. By granting a one year lease, all you've done is given up the right to terminate within the first 6 months. Effectively, you just enter into an indefinite lease straightaway.
So, I don't think you need to do anything in 12 months time except increase the rent by the 2%/HICP. Your original non-6 year rule lease will continue (but keep checking this in case there are more changes).
Hi
From what I understand if you sign a lease in Sept 2026 you are then part of the new lease regime where you cant sell for 6 years.