Residential Tenancies (Miscellaneous Provisions) Act 2026
| ||
Number 3 of 2026 | ||
Residential Tenancies (Miscellaneous Provisions) Act 2026 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
1. Short title, commencement, collective citations and construction | ||
Amendment of Residential Tenancies Act 2004 | ||
9. Application of section 20 (frequency with which rent reviews may occur) | ||
14. Further restriction on termination of certain tenancies by certain landlords | ||
21. Disclosure of certain information to Revenue Commissioners | ||
22. Disclosure of information by Revenue Commissioners to Board | ||
Amendment of Civil Law (Miscellaneous Provisions) ACT 2022 | ||
Amendment of Planning and Development Acts | ||
30. Amendment of section 3A of Planning and Development Act 2000 | ||
|
Acts Referred to | ||
Adoption Acts 2010 to 2015 | ||
Building Control Act 1990 (No. 3) | ||
Building Control Act 2007 (No. 21) | ||
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24) | ||
Communications Regulation (Postal Services) Act 2011 (No. 21) | ||
Companies Act 2014 (No. 38) | ||
Local Government Act 2001 (No. 37) | ||
Personal Insolvency Act 2012 (No. 44) | ||
Planning and Development Act 2000 (No. 30) | ||
Planning and Development Act 2024 (No. 34) | ||
Planning and Development Acts 2000 to 2025 | ||
Planning and Development Acts 2024 and 2025 | ||
Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (No. 15) | ||
Residential Tenancies Act 2004 (No. 27) | ||
Residential Tenancies Acts 2004 to 2025 | ||
Sustainable Energy Act 2002 (No. 2) | ||
Taxes Consolidation Act 1997 (No. 39) | ||
| ||
Number 3 of 2026 | ||
RESIDENTIAL TENANCIES (MISCELLANEOUS PROVISIONS) ACT 2026 | ||
An Act to require the provision of certain information to a tenant and the Residential Tenancies Board on the commencement of a residential tenancy; to oblige tenants to allow access to a dwelling for purposes connected with an intended transfer of the dwelling; to make provision in relation to the setting of rents under residential tenancies; to provide for, and limit, the circumstances in which landlords can terminate certain tenancies of dwellings, including during and at the end of a tenancy of minimum duration; to provide for the frequency with which rent reviews may occur; to require certain information to be included in the residential tenancies register and the published register; to provide for the sharing of certain information by the Residential Tenancies Board with the Minister for Social Protection, the Revenue Commissioners and Sustainable Energy Ireland - the Sustainable Energy Authority of Ireland; to repeal certain provisions of the Residential Tenancies Act 2004 ; for those purposes to amend that Act; to provide for certain changes in relation to the eligibility for financial contributions under the Civil Law (Miscellaneous Provisions) Act 2022 ; for those purposes to amend that Act; to amend provision in relation to short term letting constituting material change in use requiring development consent; for that purpose to amend the Planning and Development Act 2000 and the Planning and Development Act 2024 ; and to provide for related matters. | ||
[24th February, 2026] | ||
Be it enacted by the Oireachtas as follows: | ||
|
PART 1 Preliminary and General | ||
|
Short title, commencement, collective citations and construction | ||
|
1. (1) This Act may be cited as the Residential Tenancies (Miscellaneous Provisions) Act 2026. | ||
(2) This Act (other than Part 3 and section 31 ) shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions. | ||
(3) Part 3 shall come into operation 7 days after the passing of this Act. | ||
(4) The Residential Tenancies Acts 2004 to 2025 and Part 2 may be cited together as the Residential Tenancies Acts 2004 to 2026 and shall be construed together as one. | ||
(5) (a) The Planning and Development Acts 2000 to 2025 and section 30 may be cited together as the Planning and Development Acts 2000 to 2026. | ||
(b) The Planning and Development Acts 2024 and 2025 and section 31 may be cited together as the Planning and Development Acts 2024 to 2026. | ||
|
Repeals | ||
|
2. The following provisions of the Residential Tenancies Act 2004 are repealed: | ||
(a) sections 24A, 24B, 24BA and 24C, and | ||
(b) subsections (1) and (2) of section 39A. | ||
|
PART 2 Amendment of Residential Tenancies Act 2004 | ||
|
Definition | ||
|
3. In this Part, “Principal Act” means the Residential Tenancies Act 2004 . | ||
|
Amendment of section 4(1) of Principal Act | ||
|
4. Section 4(1) of the Principal Act is amended by the insertion of the following definitions: | ||
“ ‘BER’ has the same meaning as it has in the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ); | ||
‘floor area’ means— | ||
(a) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, the floor area recorded in respect of the dwelling on the BER register on the basis of a BER assessment in accordance with those Regulations, and | ||
(b) in any other case, the floor area within the meaning of Article 6 of the Building Regulations 1997 ( S.I. No. 497 of 1997 ); | ||
‘personal public service number’ means a number allocated and issued in accordance with section 262 of the Social Welfare Consolidation Act 2005 ; | ||
‘postcode’ means postcode within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011 ; | ||
‘registered number’, in relation to a company, means the number assigned to the company in the register kept by the Registrar of Companies under section 887 (2) of the Companies Act 2014 ; | ||
‘tax reference number’ means the reference number stated on any return of income, form or notice of assessment issued to the company or other body corporate concerned by the Revenue Commissioners; | ||
‘tenancy of minimum duration’ has the meaning assigned to it by section 35B(1);”. | ||
|
Amendment of section 6(1) of Principal Act | ||
|
5. Section 6(1) of the Principal Act is amended by the insertion of the following paragraph after paragraph (c): | ||
“(ca) by sending it by electronic means to an email address, fax number or other electronic contact point used by the person for receiving emails, faxes or other electronic messages, where a record that the notice or other document has been sent is made for the sender by the email system, fax machine or other electronic system used;”. | ||
|
Amendment of section 12(1) of Principal Act | ||
|
6. Section 12(1) of the Principal Act is amended by the substitution of the following paragraph for paragraph (i): | ||
“(i) 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 (in this paragraph referred to as a ‘relevant tenancy’), furnish the tenant and the Board, in writing, with the following information at the commencement of the relevant tenancy: | ||
(i) the amount of rent that was last set under the most recent previous tenancy, if any, of the dwelling; | ||
(ii) the date the rent was last set under the most recent previous tenancy, if any, of the dwelling; | ||
(iii) a statement as to how the rent set under the relevant tenancy has been calculated having regard to section 19; | ||
(iv) the number assigned under section 135(3) in respect of the most recent previous tenancy, if any, of the dwelling; | ||
(v) by reference to the published register, the amount of rent payable and the number assigned under section 135(3) in respect of the most recent tenancy, preceding the date of commencement of the relevant tenancy, of each of 3 dwellings— | ||
(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character and (where applicable) BER to the dwelling the subject of the relevant tenancy, and | ||
(II) situated in a comparable area to that in which the dwelling the subject of the relevant tenancy is situated.”. | ||
|
Amendment of section 16 of Principal Act | ||
|
7. Section 16 of the Principal Act is amended by the insertion of the following paragraph after paragraph (c): | ||
“(ca) on the request of the landlord or any person or persons acting on the landlord’s behalf in relation to the landlord’s intended entry into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34 (in this paragraph referred to as an ‘intended transfer’), allow, at reasonable intervals— | ||
(i) the landlord, | ||
(ii) any person or persons acting on the landlord’s behalf, | ||
(iii) a prospective buyer of the dwelling (accompanied by a person referred to in subparagraph (i) or (ii)), or | ||
(iv) any person or persons acting on the prospective buyer’s behalf (accompanied by a person referred to in subparagraph (i) or (ii)), | ||
access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling in connection with the intended transfer,”. | ||
|
Amendment of section 19 of Principal Act | ||
|
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.”. | ||
|
Application of section 20 (frequency with which rent reviews may occur) | ||
|
9. The Principal Act is amended by the insertion of the following section after section 20A: | ||
“20B. (1) Where, immediately before the coming into operation of section 2 (a) of the Residential Tenancies (Miscellaneous Provisions) Act 2026, section 24C applied to a tenancy, section 24C shall continue to apply to the tenancy as if that Act had not been enacted. | ||
(2) Where a tenancy commences on or after 1 March 2026, then any review of the rent under the tenancy shall be carried out as if subsections (4) to (6) of section 20 had not been enacted.”. | ||
|
Amendment of section 22 of Principal Act | ||
|
10. (1) The Principal Act is amended in section 22— | ||
(a) in subsection (2), by the insertion of “, and a copy of that notice is served on the Board on the same day on which the notice is served on the tenant,” after “subsection (2A)”, | ||
(b) in subsection (2A)— | ||
(i) in paragraph (c)(ii)— | ||
(I) by the substitution of “rent information contained in the published register in relation to dwellings” for “letting values of dwellings”, and | ||
(II) by the substitution of the following clause for clause (I): | ||
“(I) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy, and”, | ||
(ii) in paragraph (d)— | ||
(I) by the substitution of “rent information contained in the published register and the number assigned under section 135(3) in respect of the most recent tenancy of each of 3 dwellings” for “amount of rent sought for 3 dwellings”, and | ||
(II) by the substitution of the following subparagraph for subparagraph (i): | ||
“(i) of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling the subject of the tenancy,”, | ||
(iii) by the insertion of the following paragraphs after paragraph (d): | ||
“(da) specify the floor area of the dwelling the subject of the tenancy, | ||
(db) where the dwelling the subject of the tenancy is a building to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, specify the BER in respect of that dwelling,”, | ||
(iv) in paragraph (f), by the deletion of “where the dwelling is in a rent pressure zone (within the meaning given in section 19(7)),”, | ||
(v) in paragraph (g), by the deletion of “where the dwelling is in a rent pressure zone (within the meaning given in section 19(7)) to which section 19(4) applies,”, | ||
(vi) by the deletion of subsection (2C), and | ||
(vii) by the insertion of the following subsection after subsection (3): | ||
“(4) It shall be an offence for a landlord to set a rent pursuant to a review of the rent under a tenancy by serving notice of the rent on the tenant other than in accordance with the condition specified in subsection (2).”. | ||
(2) The amendments of section 22 of the Principal Act effected by subsection (1) shall only apply in respect of a notice referred to in that section served after the date of commencement of subsection (1). | ||
|
Amendment of section 24(1) of Principal Act | ||
|
11. Section 24(1) of the Principal Act is amended by the substitution of the following paragraph for paragraph (b): | ||
“(b) rent information contained in the published register in relation to dwellings of a similar size (determined by reference to floor area), number of bedrooms, type, character, and (where applicable) BER, to the dwelling and situated in a comparable area to that in which it is situated.”. | ||
|
Amendment of section 34 of Principal Act | ||
|
12. (1) Section 34 of the Principal Act is amended— | ||
(a) by the substitution of “Subject to sections 35A and 35B, a Part 4 tenancy” for “Subject to section 35A, a Part 4 tenancy”, | ||
(b) in paragraph (a)— | ||
(i) in subparagraph (ii)— | ||
(I) in clause (I)— | ||
(A) by the substitution of “paragraph 2” for “paragraph 2, 5 or 6”, and | ||
(B) by the substitution of “paragraph,” for “paragraph, and”, | ||
(II) in clause (II), by the substitution of “paragraph, and” for “paragraph,”, and | ||
(III) by the insertion of the following clause after clause (II): | ||
“(III) in the case of paragraph 5 or 6 of that Table, by the statement and the statutory declaration referred to in that paragraph,”, | ||
and | ||
(ii) in subparagraph (iii), by the substitution of “registered construction professional (within the meaning of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 )” for “registered professional (within the meaning of the Building Control Act 2007 )”, | ||
and | ||
(c) in the Table— | ||
(i) in paragraph 4— | ||
(I) in subparagraph (a), by the deletion of “and” after clause (ii), | ||
(II) in subparagraph (b)(ii), by the substitution of “of this Table, and” for “of this Table.”, and | ||
(III) by the insertion of the following paragraph after paragraph (b): | ||
“(c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), specifying whether the termination date specified in the notice of termination falls before, on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, and that on the date that the notice of termination is served— | ||
(i) the landlord is not a company, and | ||
(ii) the landlord is a landlord under not more than 3 tenancies of dwellings.”, | ||
(ii) in paragraph 5, by the substitution of “by a statutory declaration referred to in section 35(10A) and a statement” for “by a statement”, and | ||
(iii) in paragraph 6, by the substitution of “by a statutory declaration referred to in section 35(10A) and a statement” for “by a statement”. | ||
(2) The amendments of section 34 of the Principal Act effected by subsection (1) shall only apply in respect of a notice of termination referred to in that section of a tenancy to which that section applies created on or after 1 March 2026. | ||
|
Amendment of section 35 of Principal Act | ||
|
13. (1) Section 35 of the Principal Act is amended— | ||
(a) by the substitution of the following subsection for subsection (4): | ||
“(4) In paragraph 4 of the Table the reference to a member of the landlord’s family is a reference to— | ||
(a) subject to paragraph (b), any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew or niece of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015, or | ||
(b) where the notice of termination is served in respect of a relevant Part 4 tenancy (within the meaning of section 35B) and the termination date specified in the notice of termination falls before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy, any spouse, civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , child, stepchild, foster child, parent, step parent, parent-in-law of the landlord or a person adopted by the landlord under the Adoption Acts 2010 to 2015.”, | ||
(b) in subsection (8)— | ||
(i) in paragraph (b), by the substitution of “that landlord, and” for “that landlord.”, and | ||
(ii) by the insertion of the following paragraph after paragraph (b): | ||
“(c) where the notice of termination is served by the landlord in respect of a relevant Part 4 tenancy (within the meaning of section 35B), a declaration that— | ||
(i) on the date that the notice of termination is served, the landlord— | ||
(I) is not a company, and | ||
(II) is a landlord under not more than 3 tenancies of dwellings, | ||
(ii) where section 35B(5) does not apply, that the circumstances specified in one or more of paragraphs (a) to (c) of section 35B(4) apply and that the application of section 35B(3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord, and | ||
(iii) where section 35B(5) applies, that the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.”, | ||
(c) by the insertion of the following subsection after subsection (10): | ||
“(10A) Where a notice of termination is served by the landlord in respect of a termination of a relevant Part 4 tenancy (within the meaning of section 35B) on the ground specified in paragraph 5 or 6 of the Table, the statutory declaration that is to accompany the notice shall specify that— | ||
(a) on the date that the notice of termination is served— | ||
(i) the landlord is not a company, and | ||
(ii) the landlord is a landlord under not more than 3 tenancies of dwellings, | ||
and | ||
(b) the termination date specified in the notice of termination falls on or after the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy.”, | ||
(d) by the deletion of subsection (11), and | ||
(e) in subsection (12), by the substitution of “section 62(1A)” for “section 39A”. | ||
(2) The amendments of section 35 of the Principal Act effected by subsection (1) shall only apply in respect of a notice of termination referred to in that section of a tenancy to which that section applies created on or after 1 March 2026. | ||
|
Further restriction on termination of certain tenancies by certain landlords | ||
|
14. The Principal Act is amended by the insertion of the following section after section 35A: | ||
“35B. (1) In this section— | ||
‘civil partner’ has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
‘relevant Part 4 tenancy’ means a tenancy, referred to in paragraph (a) of section 29, that commences on or after 1 March 2026; | ||
‘tenancy of minimum duration’ means a continuous period of 6 years under a relevant Part 4 tenancy— | ||
(a) from the commencement of the relevant Part 4 tenancy, or | ||
(b) from each sixth anniversary of that commencement. | ||
(2) A relevant Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3, 4, 5 or 6 of the Table to section 34 where the landlord is a company or a landlord under more than 3 tenancies of dwellings. | ||
(3) Subject to subsections (4) and (5), a relevant Part 4 tenancy shall not be terminated by a landlord to whom subsection (2) does not apply— | ||
(a) on the ground specified in paragraph 3 of the Table to section 34, or | ||
(b) on the ground specified in paragraph 5 or 6 of the Table to section 34. | ||
(4) Subsection (3)(a) does not apply where the landlord can show to the satisfaction of the Board that— | ||
(a) the landlord requires the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 to provide a principal private residence (within the meaning of section 473B of the Taxes Consolidation Act 1997 ) for the landlord or the spouse or civil partner of the landlord, | ||
(b) the consideration arising from the transfer referred to in paragraph 3 of the Table to section 34 is required to enable the landlord, or the spouse or civil partner of the landlord, to discharge a debt, or make a payment to the Revenue Commissioners, of at least 15 per cent of the expected consideration arising from that transfer, which debt or payment, as the case may be, is legally required to be discharged or paid within 9 months after the termination date specified in the notice of termination, or | ||
(c) the landlord or the spouse or civil partner of the landlord— | ||
(i) is a debtor who has appointed a personal insolvency practitioner under section 49 (3) of the Personal Insolvency Act 2012 , | ||
(ii) is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor, or | ||
(iii) makes a composition or arrangement with creditors, | ||
and the application of subsection (3)(a) would, having regard to all the circumstances of the case, cause undue financial or other hardship on the landlord. | ||
(5) A relevant Part 4 tenancy may be terminated by a landlord to whom subsection (2) does not apply on the grounds specified in paragraph 3, 5 or 6 of the Table to section 34 if, in addition to any other requirement under section 34 or 35, a notice of termination (giving the required period of notice) is served by the landlord before the expiry of a tenancy of minimum duration under the relevant Part 4 tenancy and that period of notice expires on or after the expiry of the tenancy of minimum duration.”. | ||
|
Amendment of section 62 of Principal Act | ||
|
15. (1) Section 62 of the Principal Act is amended— | ||
(a) in subsection (1)— | ||
(i) by the insertion of the following paragraph after paragraph (d): | ||
“(da) if Part 4 does not apply to the tenancy, including where the duration of the tenancy is a period of not more than 6 months, state (where the termination is by the landlord) that the reason for the termination of the tenancy is one or more of the following: | ||
(i) the same as the ground specified in paragraph 1 of the Table to section 34; | ||
(ii) the same as the ground specified in paragraph 1A of the Table to section 34; | ||
(iii) the same as the ground specified in paragraph 2 of the Table to section 34; | ||
(iv) reasons other than the grounds referred to in subparagraph (i), (ii) or (iii),”, | ||
and | ||
(ii) in paragraph (g), by the substitution of “the period referred to in paragraph (a) or (b), as appropriate, of section 80” for “28 days from the date of receipt of it”, | ||
(b) by the insertion of the following subsections after subsection (1): | ||
“(1A) Where a notice of termination is served by a landlord, the landlord shall serve a copy of the notice on the Board on the same day on which the notice is served on the tenant, and where the copy is not so served the notice shall be invalid. | ||
(1B) The Board shall, upon receiving a copy of a notice of termination under subsection (1A), notify the tenant in writing of his or her entitlements under section 76, the period after which, under section 80, a dispute may not be referred to the Board, and give a copy of the statement given under section 135(4)(e) to the tenant and the landlord.”, | ||
and | ||
(c) in subsection (2), by the substitution of “Subsections (1) and (1A) are” for “Subsection (1) is”. | ||
(2) The amendments of section 62 of the Principal Act effected by subsection (1) shall only apply in respect of a notice of termination referred to in that section served after the date of commencement of subsection (1). | ||
|
Amendment of section 127 of Principal Act | ||
|
16. Section 127 of the Principal Act is amended— | ||
(a) in subsection (3), by the substitution of “Subject to subsection (3A), the form” for “The form”, and | ||
(b) by the insertion of the following subsection after subsection (3): | ||
“(3A) The register shall contain— | ||
(a) the number assigned under section 135(3) in respect of the tenancy of the dwelling, | ||
(b) the local electoral area (within the meaning of section 2 of the Local Government Act 2001 ) in which the dwelling concerned is situate, and | ||
(c) the particulars referred to in respect of the dwelling in paragraphs (i), (j) and (k) (other than particulars of any taxes or other charges required to be paid by the tenant) of section 136(1).”. | ||
|
Amendment of section 128 of Principal Act | ||
|
17. Section 128 of the Principal Act is amended— | ||
(a) in subsection (2), by the substitution of “subsections (3), (4) and (4A)” for “subsections (3) and (4)”, | ||
(b) by the substitution of the following subsection for subsection (4): | ||
“(4) The published register shall not contain any information, as respects a particular dwelling, that discloses or could reasonably lead to the disclosure of the identity of the landlord or the tenant or tenants of the dwelling.”, | ||
and | ||
(c) by the insertion of the following subsection after subsection (4): | ||
“(4A) The published register shall contain the information specified in section 127(3A).”. | ||
|
Amendment of section 132 of Principal Act | ||
|
18. Section 132 of the Principal Act is amended— | ||
(a) by the insertion of the following subsection after subsection (1): | ||
“(1A) On application by the tenant of a dwelling, the Board shall, on being supplied by the tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned and a notice of termination served on that tenant by a landlord, provide to the tenant confirmation as to whether, on the date that the landlord of that dwelling served the notice of termination, the register recorded that the landlord was not a company and was a landlord under not more than 3 tenancies of dwellings.”, | ||
(b) in subsection (3), by the insertion of “or the confirmation referred to in subsection (1A)” after “a copy of an entry under subsection (1) or (2)”, and | ||
(c) in subsection (4), by the insertion of— | ||
(i) “, or a copy of a confirmation referred to in subsection (1A),” after “published register”, and | ||
(ii) “or confirmation” after “that entry”. | ||
|
Amendment of section 136(1) of Principal Act | ||
|
19. Section 136(1) of the Principal Act is amended in paragraph (i)— | ||
(a) in subparagraph (iii), by the substitution of “terraced,” for “terraced, and”, and | ||
(b) by the insertion of the following subparagraphs: | ||
“(v) the number of bed spaces, | ||
(vi) the floor area, and | ||
(vii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) apply, the BER,”. | ||
|
Amendment of section 146 of Principal Act | ||
|
20. Section 146 of the Principal Act is amended— | ||
(a) by the substitution of “necessary and proportionate” for “reasonably necessary” in each place where it occurs, | ||
(b) in subsection (4), by the substitution of “functions under Chapter 9 of Part 3 of the Social Welfare Consolidation Act 2005 and for the purposes of administering the application for, and payment of, financial contributions under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022 ” for “functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993 ”, and | ||
(c) by the insertion of the following subsections after subsection (4): | ||
“(5) Where the Board considers that it is necessary and proportionate for the performance by the Board of its functions, the Board may request Sustainable Energy Ireland – the Sustainable Energy Authority of Ireland (in this section referred to as the ‘SEAI’) to supply the Board with the following information in relation to a dwelling: | ||
(a) the floor area; | ||
(b) the BER. | ||
(6) The SEAI shall comply with a request under subsection (5) in so far as the information requested is in its possession. | ||
(7) The Board shall, at such intervals as are specified by the SEAI, supply to that body such information in the possession of the Board as falls within any class of information specified by the SEAI for the purpose of this subsection, being a class of information the supply of which to the SEAI is necessary and proportionate for the performance by the SEAI of its functions under the Sustainable Energy Act 2002 .”. | ||
|
Disclosure of certain information to Revenue Commissioners | ||
|
21. The Principal Act is amended by the substitution of the following section for section 147A: | ||
“147A. (1) The Revenue Commissioners may, where they consider that it is necessary and proportionate for the performance by them of their functions, request the Board to supply the Revenue Commissioners with— | ||
(a) information contained in the register, or | ||
(b) where it appears to the Board that a dwelling is, or might be, the subject of a tenancy that is not registered under Part 7, some or all of the following information: | ||
(i) where the owner, landlord or tenant of the dwelling is— | ||
(I) an individual, the name, contact details, address (including postcode) and personal public service number of the individual, | ||
(II) a company, its name, its contact details, the address (including postcode) of its registered office, its tax reference number and its registered number, or | ||
(III) a body corporate other than a company, its name, its contact details, the address (including postcode) of its principal office or place of business and its tax reference number; | ||
(ii) the address (including postcode) of the dwelling; | ||
(iii) the duration of the tenancy; | ||
(iv) the amount of rent payable under the tenancy; | ||
(v) the number of tenants; | ||
(vi) such other information as the Revenue Commissioners may reasonably require for the purposes of their functions. | ||
(2) The Board shall, as soon as practicable after receipt of a request under subsection (1) or at such intervals as are specified by the Revenue Commissioners, comply with the request in so far as the information requested is in their possession. | ||
(3) The Board may, of its own volition, disclose to the Revenue Commissioners the following information in its possession: | ||
(a) information relating to a decision under subsection (4)(a) or (5) of section 148X to impose a sanction; | ||
(b) information relating to a sanction imposed under Part 7A; | ||
(c) information relating to a tenancy, or a dwelling that appears to the Board to be the subject of a tenancy, that is not registered under Part 7, | ||
the disclosure of which to the Revenue Commissioners is necessary and proportionate for the performance by the Revenue Commissioners of their functions.”. | ||
|
Disclosure of information by Revenue Commissioners to Board | ||
|
22. The Principal Act is amended by the insertion of the following section after section 147A: | ||
“147B. (1) Where it appears to the Board that a dwelling is, or might be, let by an owner or landlord and the Board considers that it is necessary and proportionate for the performance by the Board of its functions, the Board may request the Revenue Commissioners to supply the Board with some or all of the following information: | ||
(a) where the owner, landlord or tenant of the dwelling is— | ||
(i) an individual, the name, contact details, address (including postcode) and personal public service number of the individual, | ||
(ii) a company, its name, its contact details, the address (including postcode) of its registered office, its tax reference number and its registered number, or | ||
(iii) a body corporate other than a company, its name, its contact details, the address (including postcode) of its principal office or place of business and its tax reference number; | ||
(b) the address (including postcode) of the dwelling. | ||
(2) The Revenue Commissioners shall, as soon as practicable after receipt of a request under subsection (1) or at such intervals as are specified by the Board, comply with a request under subsection (1) in so far as the information requested is in their possession.”. | ||
|
Amendment of section 151(1) of Principal Act | ||
|
23. Section 151(1) of the Principal Act is amended by the deletion of paragraph (ca). | ||
|
Amendment of Schedule 2 to Principal Act | ||
|
24. (1) Schedule 2 to the Principal Act is amended by the insertion of the following paragraph after paragraph (a): | ||
“(aa) the setting of a rent pursuant to a review of the rent under a tenancy by serving notice of the rent on the tenant other than in accordance with the condition specified in subsection (2) of section 22.”. | ||
(2) The amendment of Schedule 2 to the Principal Act effected by subsection (1) shall only apply in respect of a notice referred to in section 22(2) of the Principal Act served after the date of commencement of subsection (1). | ||
|
PART 3 Amendment of Civil Law (Miscellaneous Provisions) act 2022 | ||
|
Definition (Part 3) | ||
|
25. In this Part, “Act of 2022” means the Civil Law (Miscellaneous Provisions) Act 2022 . | ||
|
Amendment of section 4(1) of Act of 2022 | ||
|
26. Section 4(1) of the Act of 2022 is amended— | ||
(a) in the definition of “temporary protection beneficiary”, by the substitution of “which permission is valid;” for “which permission is valid.”, and | ||
(b) by the insertion, after the definition of “temporary protection beneficiary”, of the following definition: | ||
“ ‘tenancy’ means a tenancy in existence on, or at any time since, 4 March 2022— | ||
(a) that is registered under Part 7 of the Residential Tenancies Act 2004 , | ||
(b) that is required, under the Residential Tenancies Act 2004 , to be registered under Part 7 of that Act, or | ||
(c) that has, at any time since 4 March 2022, been required, under the Residential Tenancies Act 2004 , to be registered under Part 7 of that Act.”. | ||
|
Amendment of section 6 of Act of 2022 | ||
|
27. Section 6 of the Act of 2022 is amended— | ||
(a) in subsection (1), by the substitution of the following paragraph for paragraph (a): | ||
“(a) the person is an owner of the dwelling and the dwelling concerned is not the subject of a tenancy;”, | ||
and | ||
(b) by the substitution of the following subsection for subsection (3): | ||
“(3) Where there is more than one owner in respect of an eligible dwelling for a calendar month, only one owner shall be entitled to a financial contribution in respect of the eligible dwelling for the calendar month.”. | ||
|
Amendment of section 7(3) of Act of 2022 | ||
|
28. Section 7(3) of the Act of 2022 is amended— | ||
(a) by the substitution of the following paragraph for paragraph (b): | ||
“(b) that the applicant is an owner of the dwelling and that the dwelling concerned is not the subject of a tenancy,”, | ||
(b) by the deletion of paragraph (d), and | ||
(c) in paragraph (e), by the substitution of “one owner in respect of the dwelling, that the other owners” for “one owner or tenant in respect of the dwelling, that the other owners or tenants, as the case may be,”. | ||
|
Application | ||
|
29. The amendments to sections 6 and 7 of the Act of 2022 effected by sections 27 and 28 shall apply only to applications under section 7(1) of that Act made after the coming into operation of the said sections 27 and 28 . | ||
|
PART 4 Amendment of Planning and Development Acts | ||
|
Amendment of section 3A of Planning and Development Act 2000 | ||
|
30. Section 3A of the Planning and Development Act 2000 is amended: | ||
(a) by the substitution of the following subsection for subsection (1): | ||
“(1) The use of a house, part of a house or unit for short term letting purposes is a material change in the use of the house, part thereof or unit, as the case may be.”, | ||
(b) by the substitution of the following subsection for subsection (4): | ||
“(4) This section shall not operate to abrogate or amend the law with regard to lettings (other than short term lettings).”, | ||
and | ||
(c) by the substitution of the following subsection for subsection (5): | ||
“(5) In this section— | ||
‘landlord’, in relation to a short term letting— | ||
(a) in relation to a lease or tenancy, has the meaning given to it by section 5 of the Residential Tenancies Act 2004 , or | ||
(b) in relation to a licence, means the licensor who grants a licence permitting a person to reside in the house, part of the house or unit concerned; | ||
‘letting’, in relation to a house, part of a house or unit means either of the following: | ||
(a) a lease or tenancy within the meaning of section 5 of the Residential Tenancies Act 2004 ; | ||
(b) a licence that permits the licensee to enter and reside in the house, part thereof or unit; | ||
‘short term letting’ means the letting of a house, part of a house or unit, on a professional or non-professional basis— | ||
(a) for a period not exceeding 21 consecutive nights, and | ||
(b) in consideration of the making by any person (whether or not, as the case may be, the tenant or licensee) of a payment or payments to the landlord; | ||
‘unit’ has the same meaning as it has in Article 3(1) of Regulation (EU) 2024/1028 of the European Parliament and of the Council of 11 April 20241 on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724.”. | ||
|
Amendments of Planning and Development Act 2024 | ||
|
31. (1) The Planning and Development Act 2024 is amended— | ||
(a) in section 7, by the substitution of the following paragraph for paragraph (d): | ||
“(d) a change in the use of a house, part of a house or unit to a use for short-term letting (within the meaning of section 8) purposes,”, | ||
(b) in section 8— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) In this section— | ||
‘landlord’ in relation to a short-term letting— | ||
(a) in relation to a lease or tenancy, has the meaning given to it by section 5 of the Residential Tenancies Act 2004 , or | ||
(b) in relation to a licensor, means the licensor who grants a licence permitting a person to reside in the house, part of the house or unit concerned; | ||
‘letting’ in relation to a house, part of a house or unit means either of the following: | ||
(a) a lease or tenancy within the meaning of section 5 of the Residential Tenancies Act 2004 ; | ||
(b) a licence that permits the licensee to enter and reside in the house, part thereof or unit; | ||
‘short term letting’ means the letting of a house, part of a house or unit, on a professional or non-professional basis— | ||
(a) for a period not exceeding 21 consecutive nights, and | ||
(b) in consideration of the making by any person (whether or not the tenant or licensee) of a payment or payments to the landlord; | ||
‘unit’ has the same meaning as it has in Article 3(1) of Regulation (EU) 2024/1028 of the European Parliament and of the Council of 11 April 20242 on data collection and sharing relating to short-term accommodation rental services and amending Regulation (EU) 2018/1724.”, | ||
and | ||
(ii) by the substitution of the following subsection for subsection (4): | ||
“(4) This section shall not operate to abrogate or amend the law with regard to lettings (other than short-term lettings).”. | ||
(2) (a) Subsection (1)(a) shall come into operation on the commencement of section 7 of the Planning and Development Act 2024 . | ||
(b) Subsection (1)(b) shall come into operation on the commencement of section 8 of the Planning and Development Act 2024 . | ||
