Residential Tenancies (Miscellaneous Provisions) Act 2026
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Amendment of section 19 of Principal Act | ||
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8. Section 19 of the Principal Act is amended— | ||
(a) in subsection (3), by the substitution of “1 March 2026” for “the relevant date”, | ||
(b) in subsection (4)— | ||
(i) in paragraph (a)— | ||
(I) by the deletion of “in a rent pressure zone at any time after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021 ”, | ||
(II) by the insertion of “, subject to paragraph (aa),” after “shall”, and | ||
(III) by the substitution of “CPI number” for “HICP value” in both places where it occurs in subparagraph (ii), | ||
(ii) by the insertion of the following paragraph after paragraph (a): | ||
“(aa) subparagraph (i) of paragraph (a) shall not apply where— | ||
(i) the dwelling is one of a number of dwellings comprising an apartment complex or a dwelling situated in a building or part of a building referred to in subsection (1A) of section 3 to which this Act applies, | ||
(ii) a commencement notice or a 7 day notice, as the case may be, was given or submitted to a building control authority on or after 10 June 2025, and any regulations made under section 6 (2) of the Building Control Act 1990 have been complied with, in respect of— | ||
(I) works consisting of construction of the apartment complex, or building or part of a building, as the case may be, in which the dwelling is situated, | ||
(II) works consisting of an extension to permanently increase the floor area of the apartment complex, or building or part of a building in which the dwelling is situated, by an amount not less than 25 per cent of that floor area as it stood immediately before the commencement of the works, or | ||
(III) works in respect of a change of use of a structure to create the apartment complex, or building or part of a building in which the dwelling is situated, where on completion of the works the apartment complex or building or part of a building, as the case may be, occupies not less than 25 per cent of the floor area of the structure as it stood immediately before the commencement of the works.”, | ||
and | ||
(iii) in paragraph (b)— | ||
(I) by the substitution of “CPI number” for “HICP value” in each place where it occurs, and | ||
(II) in the definition of “previous HICP value”— | ||
(A) in paragraph (a), by the substitution of “1 March 2026” for “the commencement of section 3 of the Residential Tenancies (Amendment) Act 2021 ”, and | ||
(B) in paragraph (b), by the substitution of “1 March 2026” for “such commencement”, | ||
(c) in subsection (4C) by— | ||
(i) the deletion of paragraph (a), | ||
(ii) the insertion of the following paragraph after paragraph (a): | ||
“(aa) establish and maintain a rent increase calculator to calculate any increase in rent in accordance with subsection (4),”, | ||
and | ||
(iii) the substitution, in paragraph (b), of “CPI numbers” for “HICP values”, | ||
(d) in subsection (4D) by— | ||
(i) the deletion of paragraph (a), and | ||
(ii) the insertion of the following paragraph after paragraph (a): | ||
“(aa) the means by which the rent increase calculator referred to in subsection (4C)(aa) shall operate to accurately calculate any increase in rent by applying the CPI numbers to the rent,”, | ||
(e) in subsection (5)— | ||
(i) by the substitution of the following paragraph for paragraph (a): | ||
“(a) to the rent first set under a tenancy created on or after 1 March 2026 of— | ||
(i) a dwelling— | ||
(I) in a protected structure or proposed protected structure within the meaning of section 2 of the Planning and Development Act 2024 , or | ||
(II) that is such a structure, | ||
provided that no tenancy in respect of that dwelling subsisted during the period of one year immediately preceding the date on which the tenancy concerned was created, | ||
(ii) a dwelling, other than a dwelling referred to in subparagraph (i), in respect of which no tenancy subsisted during the period of two years immediately preceding the date on which the tenancy concerned was created, | ||
(iii) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy during the period of two years immediately preceding the date on which the tenancy concerned was created, was— | ||
(I) a Part 4 tenancy that was terminated by the landlord by serving a notice of termination on the tenant of the dwelling that cited as a reason or reasons for the termination the ground or grounds specified in paragraph 1, 1A or 2 of the Table to section 34, or | ||
(II) a tenancy to which Part 4 did not apply that was terminated by the landlord by serving a notice of termination that stated as a reason or reasons for the termination the grounds referred to in section 62(1)(da)(i), (ii) or (iii), | ||
or | ||
(iv) a dwelling, other than a dwelling referred to in subsection (1A) of section 3, in respect of which the most recent previous tenancy was terminated by the tenant,”, | ||
and | ||
(ii) by the insertion of the following paragraphs after paragraph (a): | ||
“(aa) in the case of a tenancy (other than a tenancy to which section 5 (4) of the Residential Tenancies (Amendment) Act 2021 applies) created on or after 1 March 2026 of a dwelling (other than a dwelling referred to in subsection (1A) of section 3), to the rent set under the tenancy following a period of not less than 6 years during which— | ||
(i) subsection (4) applied to the rent under the tenancy, and | ||
(ii) any setting of that rent was in compliance with the requirements of subsection (4), | ||
(ab) in the case of a tenancy created on or after 1 March 2026 and before 1 March 2029 of a dwelling referred to in subsection (1A) of section 3, to the rent set under the tenancy following a period of not less than 3 years during which— | ||
(i) subsection (4) applied to the rent under the tenancy, and | ||
(ii) any setting of that rent was in compliance with the requirements of subsection (4), | ||
(ac) in the case of a tenancy created on or after 1 March 2029 of a dwelling referred to in subsection (1A) of section 3 that was such a dwelling for the 3 years immediately preceding the date on which the tenancy concerned was created— | ||
(i) to the rent first set under the tenancy, provided that— | ||
(I) a tenancy in respect of the dwelling subsisted for at least 6 months during each of those 3 years, | ||
(II) subsection (4) applied to the rent under the tenancy or tenancies, and | ||
(III) any setting of that rent was in compliance with the requirements of subsection (4), | ||
and | ||
(ii) to any rent subsequently set under the tenancy following a period of not less than 3 years during which— | ||
(I) subsection (4) applied to the rent under the tenancy or tenancies, and | ||
(II) any setting of that rent was in compliance with the requirements of subsection (4), or”, | ||
(f) in subsection (5A)(a)— | ||
(i) in subparagraph (i), by the substitution of “floor area of the dwelling by an amount equal to not less than 25 per cent of the floor area” for “floor area (within the meaning of Article 6 of the Building Regulations 1997 ( S.I. No. 497 of 1997 )) of the dwelling by an amount equal to not less than 25 per cent of the floor area (within such meaning)”, and | ||
(ii) by the deletion of “(within the meaning of those Regulations)” in each place where it occurs, | ||
(g) in subsection (5B)— | ||
(i) by the deletion of “in a rent pressure zone”, and | ||
(ii) in paragraph (a), by the insertion of “and the tenant” after “the Board”, | ||
(h) by the substitution of the following subsection for subsection (6): | ||
“(6) Where a notice referred to in section 22(2) has been served by a landlord on the tenant before 1 March 2026, then this section shall apply to the new rent, referred to in section 22(2), stated in that notice in accordance with section 22, as if section 8 of the Residential Tenancies (Miscellaneous Provisions) Act 2026 had not been enacted.”, | ||
and | ||
(i) by the substitution of the following subsection for subsection (7): | ||
“(7) In this section— | ||
‘7 day notice’ has the same meaning as it has in the Building Control Act 1990 ; | ||
‘building control authority’ has the same meaning as it has in the Building Control Act 1990 ; | ||
‘commencement notice’ means a notice referred to in paragraph (k) of section 6 (2) of the Building Control Act 1990 ; | ||
‘CPI number’ means the All Items Consumer Price Index Number compiled and published by the Central Statistics Office.”. |