I recall seeing November mentioned somewhere
Changes to rent controls announced - discussion
- Thread starter Brendan Burgess
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I recall seeing November mentioned somewhere
If there is a surprise in the legislation which negatively affects small or large landlords this is my concern….
In Ireland, the notice period a landlord must give a tenant to terminate a tenancy depends on the length of the tenancy. For tenancies under 6 months, the notice period is 90 days. For tenancies between 6 months and 1 year, it's 152 days. If the tenancy has lasted between 1 and 7 years, the notice period is 180 days. For tenancies between 7 and 8 years, it's 196 days, and for tenancies of 8 years or more, it's 224 days.
I believe as a large Landlord I am safe with all my old rental contracts for potentially many years to come unless a tenant moves out and I re-rent AFTER March 1st 2026. Basically, I believe at the moment I have “TIME”.
but once again, if there is a negative surprise in the legislation when it comes out and I need to evict tenants, I wonder according to the notice period above, if I would be safe for example giving a tenant a notice of eviction at the end of February 2026 or will the notice have to fall within the correct notice period, so that the tenant would move out before the 1st of March 2026?
Again, until we see the legislation, we just won't know.
Personally, I think you are safe and that the current rules will continue to apply to existing tenancies. That said, I'm seeing more and more that the new rules will just apply to all tenancies from March. If you are worried, you could always issue notices of terminations to your tenants now and withdraw them in November if the old rules continue. Not nice for your tenants, but you could always explain that you'll be leaving everything as is if the rules don't change.
From the Irish Property Owners Assocation - you could be a large landlord with potentially life long tenants if you have one house with four bedrooms and give each tenant an individual lease (which a lot of landlords do if you have tenants coming and going)
Licences vs Tenancies - a subtle legal difference with huge implications, especially under Ireland's new rental regulations.
Under the new system, if you're a property owner letting out individual rooms (not shared with you) in a house or apartment with 4 or more rooms, and you issue leases (i.e. tenancies) instead of licences, you could now be classified as a “large landlord”, triggering a different set of stricter compliance obligations.
Under the new system, if you're a property owner letting out individual rooms (not shared with you) in a house or apartment with 4 or more rooms, and you issue leases (i.e. tenancies) instead of licences, you could now be classified as a “large landlord”, triggering a different set of stricter compliance obligations.
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No surprise if some of those landlords move to three leases before March to avoid that particular proposal. Less places to rent - how does that help tenants? Also read the minister was consulting the AG about plans for higher and substantial fines for landlords who break rules.
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The head of the IPOA, Mary Conway, on Pat Kenny saying that landlords were panicking and selling up due to the new rules. She has issued a notice of termination to her tenants herself.
I was hoping for some clarity on whether the new rules apply to all tenancies post March 2026, but she isn't clear on it to my mind anyway.
The link is here
I was hoping for some clarity on whether the new rules apply to all tenancies post March 2026, but she isn't clear on it to my mind anyway.
The link is here
Yes, we have 4 investment properties. One of our tenants gave notice a month ago and we didn't even consider re-letting it, as we do not want the risks associated with being a large landlord. The tenants have now vacated and the property is going up for sale shortly. At least now we will only have 3 properties, so won't be tied in to the more restrictive large landlord rules.
The local estate agent who is going to sell it for us said it is highly unlikely that an investor would buy the property, but there will be a lot of interest from first time buyers. So one less rental property on the market.
Yes, it is pointless taking on the risks that go with being a large landlord for the sake of one additional property.
Dr Strangelove
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I still don’t know how a tenant is supposed to know how many properties their landlord owns.
Presumably, the landlord will have to tick a box on the registration form and the tenant will be informed accordingly.
Expect lots of arguments and confusion afterwards as the RTB's poor recordkeeping gets everything mixed up and small landlords are accused of being large ones, records aren't updated when landlords move from small to large etc. They will probably need some system to link landlords up as otherwise it would be easy to avoid being a large landlord by splitting houses between spouses or family members. This is going to be a morass going forward. Also what happens if the landlord moves from being large to small during a tenancy - do the tenant's protections change? What if the house of a tenant of a large landlord is sold to a small one with the tenant in situ?
Exactly, it sounds like it could be a big mess for tenants as well as some landlords. I wonder how the RTB will manage the classification register for a landlord with regular tenant/lease changes.
Say a building has four separate tenancies, that will be a large Cat4+ landlord. One tenant leaves and the landlord de-registers so the RTB register will then show them as a small landlord.
Will the RTB have to inform the remaining three tenants immediately that their landlord is now a Cat3 and their tenancy rules have changed? Otherwise, how will a tenant with a NoT know if their landlord is a Cat3 or a Cat4+ and which rules apply? If the unit is refurbished and re-let at some point, or should a landlord acquire extra units, the landlord becomes a Cat4+ so will RTB need to inform all other tenants of the rules change immediately that happens?
Sounds like some landlords with constant tenant changes could be changing their category regularly. Not a lot of certainty for tenants there.
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AnSpailpin
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Hi all, I'd be glad of advice about this new legislation.
We have a single apartment which we have let out since 2018. Because we're in a RPZ, at this point the rent for the apartment is considerably below market rent. (at least 30% below)
It's a small 2 bed apartment and was originally let to two young women. They subsequently (unofficially) moved their boyfriends in. A few years ago, condensation became an issue in the bathroom. We got the extractor unit improved, and redecorated. However, mould is back, and our agent said it's because there are too many people in the property. With our agreement, they were issued with a notice of eviction, because the property wasn't suitable for 4 people. That notice would have expired in January. However, they are leaving early. Allowing for the redecoration etc to deal with the mould and condensation, the property will be ready to relet again in November.
So, that's the background.
Question.
Would we be better off waiting until after March to relet the property, so it can be reset at market rent? Or letting before that period so that we aren't bound by the new legislation? What are the advantages and disadvantages of both approach?
We won't have any need to sell or retain the property in the medium term (at least 10-15 years)
Thanks in advance
We have a single apartment which we have let out since 2018. Because we're in a RPZ, at this point the rent for the apartment is considerably below market rent. (at least 30% below)
It's a small 2 bed apartment and was originally let to two young women. They subsequently (unofficially) moved their boyfriends in. A few years ago, condensation became an issue in the bathroom. We got the extractor unit improved, and redecorated. However, mould is back, and our agent said it's because there are too many people in the property. With our agreement, they were issued with a notice of eviction, because the property wasn't suitable for 4 people. That notice would have expired in January. However, they are leaving early. Allowing for the redecoration etc to deal with the mould and condensation, the property will be ready to relet again in November.
So, that's the background.
Question.
Would we be better off waiting until after March to relet the property, so it can be reset at market rent? Or letting before that period so that we aren't bound by the new legislation? What are the advantages and disadvantages of both approach?
We won't have any need to sell or retain the property in the medium term (at least 10-15 years)
Thanks in advance
I would wait - whether you'll be better off is another story - but at least you'll have more knowledge than you do now.
I currently have a property coming vacant shortly & it'll stay that way until next year.
AnSpailpin
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Thanks for responses.
For small landlord is their any clarity as to how an existing tenancy will be treated with regards to the six years?
Basically if a landlord wants to sell with vacant possession do they need to give notice before March 1st or else be forced to wait up to six more years?
Basically if a landlord wants to sell with vacant possession do they need to give notice before March 1st or else be forced to wait up to six more years?
No clarity at all from government sources. All they issued is a press release back in June which is vague.
The consensus seems to be that the new rules will apply to all tenancies from March 2026 and, I suppose as well, landlords who were planning on selling say in 2027 or 2028 just aren't taking the risk.
It is really unsatisfactory but we won't have a better idea until the draft legislation is published and it seems that will be November.
If you are planning on selling, unfortunately, it is safest to give notice. You can always cancel it if it turns out to be unnecessary. If you don't, and it turns out to be necessary, you'll have missed the boat and have to wait until 2032 to sell if your tenants stay. God only knows what the rental rules will be by then
I wonder if there are risks of waiting until November.
Could they do a before or after the date of publish?
It seems mad that they could grandfather people into six years but who knows I suppose.
Or wipe out all the value. House is rented at 2012 market rate. No one would buy with tenant in situ.
I honestly don't know, but I think they are fit for anything at this stage. All the leaks back in May were that they were abolishing RPZs. They actually made them permanent and extended them to the entire country. So as to what'll happen with this or whether it is safe to wait til November, who knows?
Also, even if the new rules on vacant possession only apply to new tenancies created after March 2026, where is yours going? If the new rules don't apply to it, the old ones will which means you can never increase the rent to market value.
Selling, unfortunately, seems to be the only thing which makes sense.
Also, even if the new rules on vacant possession only apply to new tenancies created after March 2026, where is yours going? If the new rules don't apply to it, the old ones will which means you can never increase the rent to market value.
Selling, unfortunately, seems to be the only thing which makes sense.
More things that are not very clear.
The new rules for small landlords is that a first time or renewal lease will run for a six year term. What happens to all the existing indefinite tenancies that started since June 2022, will they be changed to run for six years from 1st March?
I’d imagine all those indefinite tenants believe they can remain long term unless there is a breach or the owner terminates. Seems odd that new tenancies could have a no fault termination after six years while old Part4s could only be for specific reasons.
Also, what about substantial renovations? Will that reason be revoked or would building works need to be be done with the tenants in situ?
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