Changes to rent controls announced - thread for clarifying

[Greenbook]

That link to the Threshold report doesn't seem to be working properly, I'm trying again https://threshold.ie/wp-content/uploads/2025/12/Threshold-HLGH-i-120-Submission.pdf (here)

 

[LarryScott]

the Threshold report

Does that mean that the rent reset will apply to new post-26 tenancies, even if the tenant doesn't leave?

I was under the impression the rule was that if a tenant leaves a tenancy (any tenancy) voluntarily or due to their fault, then the landlord can reset the rent to market rent for the next tenancy.

It sounds like this will also be possible at the end of 6 years too? Though nobody will get that benefit until 2032 at the earliest, so plenty of time to cripple it.

Another question is if the 2026 tenancies end and pick up the new rules.

Pre-2022 tenancies technically end and their last act is to establish a new tenancy under whatever rules exist at the time.

Will post-2026 tenancies technically end after the 6 years, and similarly establish a new tenancy under whatever the 2032+ rules are. In that case, how can they have any say in what rents are afterwards.

I am not sure that would be constitutional.

Pre-2022: "This contract runs for 6 years and will auto-renew with whatever the rules are at the time of expiry. However, the landlord may opt-out by evicting for no reason."

2022-2026: "This contract runs forever."

Post-2026: "This contract runs for 6 years and will auto-renew with whatever the rules are at the time of expiry. The landlord can opt-out by evicting to sell, move in etc. 'no reason' isn't a valid reason to opt-out."

The 2026 version still technically has an opt-out but it requires the landlord to sell or move in etc. Is that enough to count as an opt-out?

Otherwise, the state is giving itself the right to arbitrarily rewrite contracts.

Maybe the post-2026 contracts are actually of unlimited duration. They just have a built in 6 year cycle, but they aren't new tenancies every size years. A 2027 tenancy would keep the 2026 rules for as long as it runs.

 

[Greenbook]

Does that mean that the rent reset will apply to new post-26 tenancies, even if the tenant doesn't leave?

Yes, if you enter into a new tenancy in March 2026, there is a maximum annual increase of 2% and, in theory at least, a reset to whatever market rent is in March 2032. This applies if the tenant is still in situ.

 

[Premos]

Will the RTB "market rent" database be available by March 2026? Have they given any information on its availability?

 

[Greenbook]

The Dail finished for the year yesterday. Still no sign of the Residential Tenancies Bill for the new rental rules. They are back on 13 January which gives them exactly 7 weeks to publish the Bill and pass it through all stages in the Dail and Seanad. This is going to be some mess. They just won't have the time to look at anything in the detail required.

The Dail sits for three days a week so 6 weeks x 3 days and 1 week x 2 days due to St. Brigid's Day - 20 days in total and they have loads of other business going on at the same time. These new rules are going to be some mess and the burden of that mess will fall on landlords.

 

[Greenbook]

This is a comment by Conor Sheehan of Labour on other building related legislation (defective buildings). It applies to the new rental rules as well. This is undoubtedly what will happen

Labour’s Conor Sheehan pointed out that, in his short time in the Dáil, he had witnessed the minister and his department “do things like this last minute, [and] railroad them through without giving us enough time to properly consider what the implications of these changes are”.

 

[NY_Resident]

Just reading through Threshold's submission on the heads of the bill for the new rental rules - these are https://threshold.ie/wp-content/uploads/2025/12/Threshold-HLGH-i-120-Submission.pdf (here)

They've obviously seen the Heads and there is quite a lot in them. A few things stand out to me anyway

1. Market rent is not the rent that the property would fetch on the open market. It seems to be a mixture of the new rent register, the size, the BER, the location and the character/condition ie. a reference rent system which the RTB will presumably police. You can expect tenants to rent a place at rent X and then challenge it.

I had missed this, but it’s clear that “market rent” using this methodology will substantially lag true market rent……and will be fraught with future risk for additional political meddling. The Heads of Bill have still not been published - is that correct?

 

[Greenbook]

The Heads of Bill have still not been published - is that correct?

Yes, that is correct. The Dail is back on 13 January. Perhaps the Heads will be published then.

 

[LarryScott]

Some more information on the rules from an article from RTE

any property that is not subdivided regarded as a single tenancy.

This is good to see. A single house will count as a single tenancy for the purposes of the large/small landlord.

In the case of student accommodation, the rent cannot be reset to market levels until 2029

Is this new, weren't student accommodations exempt before?

A new Rent Price Register is also set to be established and there will be a legal definition of what constitutes market rent.

As expected, "market rent" actually means whatever the RTB says it means. It seems very plausible that "market rent" will be much lower than actual market rent.

"What we have had for a number of years is rolling, temporary, very restrictive measures around rental properties.

At least it is good that he acknowledges that the "very restrictive" rules are part of the problem, though he makes them more restrictive.

 

[bipped]

A single house will count as a single tenancy for the purposes of the large/small landlord.

Is that where a landlord has four individual tenancies in a property ie. private space and some shared spaces?

Also I read somewhere (will try find it again) that the six month probationary period will be changed. Sounds like a TMD will be a fixed six years for a LL.

 

[Greenbook]

Is that where a landlord has four individual tenancies in a property ie. private space and some shared spaces?

I thinkt hat all it means is that if you have four tenants in a four bedroom house and each one has his own lease, that is one 'tenancy' for the purposes of the large landlord/small landlord test.

Now if it is a pre-63 with four one bed apartments, that might be four separate properties and the landlord is a large one as each one is subdivided

 

[stormy]

Also I read somewhere (will try find it again) that the six month probationary period will be changed.

Really? There was no mention of this before. If you find find it would be appreciated!

 

[bipped]

no mention of this before

Agree, I hadn’t seen it before but when I thought about it, would that be a no-fault eviction and they won’t be allowed any longer. I’ll try find it.

 

[bipped]

L.Sirr mentioned in his PLS that some change to the probationary period is in the bill and it will apply to large landlords. (Point 1, pg 1, in his letter).

https://data.oireachtas.ie/ie/oireachtas/committee/dail/34/joint_committee_on_housing_local_government_and_heritage/submissions/2025/2025-12-02_opening-statement-dr-lorcan-sirr-tu-dublin_en.pdf

 

[stormy]

Interesting. Thank you.

 

[bipped]

From the update on gov.ie:

“The upcoming changes will include safeguards to ensure that rent cannot be reset for a new tenant unless the previous tenant leaves of their own choice, breaches their obligations, or the dwelling no longer meets their needs. However, rent resetting will be allowed at the end of each 6 year Tenancy of Minimum Duration (TMD)”

So a reset of rent for a new tenant in a below market rate dwelling is just deferred to year 7 instead of at the start of the tenancy? (Unless other changes happen in the meantime)

 

[LarryScott]

So a reset of rent for a new tenant in a below market rate dwelling is just deferred to year 7 instead of at the start of the tenancy? Unless other changes happen in the meantime of course.

It sounds like you can reset

• if a tenant leaves voluntarily
• if a tenant is evicted for breaching rules / cause
• at the end of every 6th year of the tenancy even without the tenant leaving (voluntarily or otherwise)

This suggests that if a tenant voluntarily leaves Today, the landlord could wait until 1 March and then reset the rent for the new tenant.

Essentially, the rent reset is possible at the start of any tenancy that starts post March (assuming the terms are met).

The other interpretation is that it is part of the rules for how any new tenancy ends. If a post March tenancy ends voluntarily, then the rent reset happens at that point and is available for the next tenant.

 

[planck]

It sounds like you can reset

• if a tenant leaves voluntarily
• if a tenant is evicted for breaching rules / cause
• at the end of every 6th year of the tenancy even without the tenant leaving (voluntarily or otherwise)

In which case:

• students will be very badly affected as they usually enter a new tenancy every year
• life-long renting (on low or fixed incomes) will be a very problematic or not really feasible with rent resets every 6 years to the so-called "market rents"

 

[Premos]

students will be very badly affected as they usually enter a new tenancy every year

That is the reason why an exception is planned for them with a reset only in 2029

 

[Premos]

The hardship definition seems wider than I was expecting as apparently it can be used if the money from the sale (at least 15 per cent) is used to pay a debt (even if not in arrear)