Landlord/Tenant: Eviction Law 2024 Update

As of 2024, eviction laws in Ireland have undergone significant updates. These updates affect both landlords and tenants.

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Understanding these changes is crucial for navigating the complexities of rental agreements and ensuring compliance with the law. In this comprehensive guide,

Solicitor Michael Burns provides an in-depth look at the latest eviction laws, highlighting the rights and responsibilities of both parties, and outlining the procedures and protections now in place.

1. Eviction Laws in Ireland from 2004 onward

The Residential Tenancies Act 2004 (the 2004 Act) was the first major development in relation to Eviction laws in Ireland. The 2004 Act sought to strike a balance between the rights of landlords to manage their properties with the rights of tenants to have secure and fair tenancy arrangements.

Since 2004, there have been many changes to the legislation to reflect broader social and economic considerations, including housing affordability and tenant protections.

Key Objectives of the 2004 Act and subsequent amendments right up to the Residential Tenancies (Amendment) Act 2024:

• Increase the Protection of Vulnerable Tenants: Strengthening protections for tenants, particularly those at risk of homelessness.
• Clarify Legal Processes: Streamlining and clarifying the legal framework to reduce the length of time by which disputes would be dealt with. The 2004 Act created the Residential Tenancies Board which would deal with disputes between landlords and tenants where previously such disputes were dealt with through the courts. The RTB offer mediation or adjudication with final appeal to a Tribunal. The tribunal’s decision can only be appealed to the High Court on appoint of law.
• Promote Transparency: By setting down a definitive list of Landlord and tenant obligations in the legislation it ensured that both landlords and tenants understand their own and each other’s rights and obligations.

2. Major Changes in Eviction Law

The  latest amendments to eviction laws introduce several key changes that affect how and when a landlord can evict a tenant. These changes aim to provide greater security of tenure for tenants.

Notice Periods

The legislation increased the notice period that a landlord must give to a tenant. The new notice periods are as follows:

• Less than 6 months tenancy: 90 days’ notice required (up from 28 days).
• 6 months to 1 year: 120 days’ notice required.
• 1 year to 3 years: 150 days’ notice required.
• 3 years to 7 years: 180 days’ notice required.
• 7 years to 10 years: 210 days’ notice required.
• Over 10 years: 240 days’ notice required.

These extended notice periods are intended to reduce the risk of homelessness. It can be difficult to secure accommodation where there is a lack of housing available. The increased notice periods endeavour to provide a tenant with more time to secure alternative accommodation.

Grounds for Eviction

The grounds upon which a landlord can evict a tenant have been more clearly defined and, in some cases, restricted. Key grounds include:

• The property is no longer suitable for the tenants needs: Whether the property is no longer suitable will depend on how many bed spaces there are in the property and how many people live in the property. For example; a couple may rent a one bed apartment. If they couple subsequently have children that property may be too small to accommodate all the people residing in that property.
• Non-Payment of Rent: Landlords can evict tenants where the tenant falls into rent arrears. However, the Landlord must follow the process as set by the RTB. This involves sending a warning notice which has been increased for 14 days to 28 days. If the tenant does not pay the arrears within the warning period the Land lord can then serve notice on the tenant to terminate the tenancy.
• Breach of Lease Terms: Evictions can occur if tenants breach significant lease terms, such as causing damage or engaging in illegal activities. Again, the landlord would have to send a warning letter to the tenant to remedy the breach. If the breach is not remedied within the warning period the landlord will be entitled to serve notice of termination on the tenant.
• Landlord’s Own Use: Landlords may evict tenants if they or a family member intend to occupy the property. However, strict requirements have been introduced to prevent misuse of this provision. The landlord must serve a notice of termination accompanied by a statutory declaration stating that the property is required for the landlord’s person use or the use of a family member. The statutory declaration must be signed in front of a solicitor or commissioner for oaths.
• Substantial Renovations: If major renovations are required, tenants may be evicted, but landlords must provide detailed plans and evidence that the work cannot be carried out while the property is occupied.
• The Landlord intends to change the use of the property: If the landlord is changing the use of the property from residential to commercial use, then the landlord will be entitled to serve a notice on the tenant. However, any change of use would have to comply with the planning legislation.

Rent Pressure Zones (RPZs)

The concept of Rent Pressure Zones has been reinforced, with stricter regulations on rent increases. In these designated areas, annual rent increases are limited to the lower of the rate of inflation (as per the Harmonised Index of Consumer Prices) or 2%. This aims to prevent sudden and significant rent hikes, offering more predictability for tenants.

The RTB impose certain obligations on landlords when increasing the rent. The landlord must give a minimum of 90 days-notice to the tenant and can only increase the rent in accordance with the restrictions under the rent review process. The landlord must also notify the RTB of the new rent.

3. Procedural Changes and Tenant Protections

In addition to changes in notice periods and grounds for eviction, the 2024 update has introduced new procedural requirements and strengthened tenant protections.

Standard Forms

The RTB has published standard forms on the RTB website. Landlords should use standard forms when issuing notices of termination. These forms must include specific information, such as:

• The reason for the termination.
• Details of the notice period.
• Information about the tenant’s rights, including how to dispute the notice.
• The time limit for a tenant to challenge a notice in the RTB

Dispute Resolution and the Residential Tenancies Board (RTB)

The Residential Tenancies Board (RTB) plays a crucial role in resolving disputes between landlords and tenants. The 2024 update has enhanced the powers of the RTB, including:

• Increased Jurisdiction: The RTB can now handle a wider range of disputes, including issues related to rent reviews and deposit returns.
• Binding Decisions: The RTB’s decisions are binding and enforceable, providing a clearer path to resolution for disputes. The RTB’s decision can only be appealed to the High Court on a point of law.
• Compensation: Tenants who are evicted unlawfully may now be entitled to compensation, which is determined by the RTB. The RTB can issue awards of up to €20,000.

Emergency Protections

In response to the ongoing housing crisis, emergency protections have been reinforced. These include:

• Winter Eviction Moratorium: A temporary ban on evictions was introduced during the winter months, aimed at preventing homelessness during the most vulnerable time of the year. Where a landlord had issued a notice of termination during the moratorium the notice was postponed and the tenant was not required to vacate the property. Whether a moratorium will be introduced for 2024 remains to be seen.
• COVID-19 Related Protections: Further protections were introduced during the pandemic to prevent tenant from being evicted where they were unable to pay rent.

4. Practical Implications for Landlords and Tenants

Understanding these changes is crucial for both landlords and tenants to ensure compliance and protect their rights.

For Landlords

Landlords must:

• Be aware of the new notice periods and ensure compliance to avoid disputes.
• Provide clear and sufficient evidence when evicting for reasons such as ‘own use’ (by providing a statutory declaration) or substantial renovations (eg; by providing evidence of planning permission).
• Comply with rent increases, particularly in Rent Pressure Zones.
• Use correct forms and procedures to limit legal challenges.

For Tenants

Tenants should:

• Be aware of their rights, particularly in terms of notice periods and grounds for eviction.
• Be aware of their obligations so as to avoid any breach of the tenancy that could result in termination of the tenancy.
• Submit any dispute to the RTB within the prescribed time limits.
• Keep informed about rent increase caps in Rent Pressure Zones to ensure they are not overcharged.
• Take advantage of the dispute resolution services offered by the RTB if needed.

5. Conclusion: Navigating the New Eviction Laws

The 2004 Act and subsequent amendments update Ireland’s eviction laws. It represents a significant shift towards greater protection for tenants while maintaining landlords’ rights to manage their properties. Solicitor Michael Burns emphasises the importance of understanding these changes, as non-compliance can lead to legal challenges and financial penalties.

Key Takeaways:

• Extended Notice Periods: Notice periods are constantly changing to provide greater security for tenants and allowing tenants more time to secure alternative accommodation.
• Stricter Grounds for Eviction: Clearer definitions and requirements to prevent misuse.
• Enhanced Tenant Protections: Stronger dispute resolution mechanisms and compensation for unlawful evictions.
• Obligations for Landlords: Compliance with new procedures and limitations on rent increases, particularly in Rent Pressure Zones.

For both landlords and tenants, staying informed and seeking legal advice when necessary is crucial in navigating these new regulations. The 2024 updates aim to create a fairer and more stable rental market, reflecting the evolving needs and challenges of the Irish housing sector.

Micheal Burns of MB Solicitors is an expert in property law in Ireland. To arrange a consultation, call (01) 567 7343 or use the contact form below.