The Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 (the Bill) will shortly be signed into law by the President. It proposes a broad package of amendments to the Residential Tenancies Act 2004. These amendments relate largely to administrative matters – the Bil tightens rent-setting oversight, gives the Residential Tenancies Board (RTB) more flexible enforcement tools and reshapes how disputes are conducted and published.
Key provisions
The Bill introduces changes across a range of administrative areas, with some of the more material changes summarised below.
Stronger penalties and longer enforcement window
New position: The Bill increases the potential penalties for most summary offences under the residential tenancies legislation. The maximum custodial penalty increases from six months to 12 months, and the financial penalty is aligned with the higher class A fine regime. The period within which summary proceedings may be brought is also extended from one year to three years.
Practical implications: The window for enforcement of non-compliance will now be longer. This is particularly important for portfolio landlords and student accommodation operators, where a single process issue can affect many tenancies.
Landlord information obligations at the start of a tenancy.
New position: The Bill clarifies that the obligation on a landlord to serve a notice on a tenant (and copy the RTB), explaining how the rent was set on the commencement of a tenancy created on/after 1 March 2026, does not apply to a social tenancy with an Approved Housing Body nor to a cost rental tenancy.
It is now an offence not to give the notice explaining how the rent was set to the RTB within 1 month from commencement of a tenancy. Failure to do so may result in the RTB issuing a prescribed 28 day ‘fixed payment notice’ requiring a payment of €100 (or up to €500, if prescribed under Ministerial Regulations) or, ultimately, face an RTB prosecution.
Practical implications: Continued vigilence around rent setting procedural requirements and timelines is required. This is likely to be particularly important for high-volume operators, in particular student accommodation providers. Onboarding processes will need to capture the required information, provide it to the tenant and separately file it with the RTB within the statutory timeframe.
Rent setting after a “substantial chance in the nature of the accommodation”
New position: The Bill changes how certain energy-efficiency improvements are assessed when the landlord is claiming that there has been a substantial change in the nature of the accommodation for the purposes of setting rent above market . The previous approach focussed on improvements in a dwelling’s BER rating. The new approach instead looks at the reduction in the dwelling’s annual primary energy use per square metre, as recorded through the BER assessment process.
Practical implications: This change is relevant to refurbishment and retrofit strategies. Landlords seeking to rely on energy-efficiency improvements for rent-setting purposes will need to retain clear BER and technical documentation showing that the required reduction has been achieved.
Rent review notices and RTB notification
New position: The Bill gives landlords more time to notify the RTB after serving a rent review notice on a tenant. The current same-day notification requirement will be replaced with a seven-day window.
This is helpful from an operational perspective, especially for landlords and managing agents administering large portfolios. However, the Bill also gives the RTB a clearer enforcement route where it believes the landlord has failed to comply. A landlord that does not meet the notice requirements may commit an offence and fixed payment notices may be issued.
Practical implications: The net result is more practical timing, but an ongoing compliance risk. Landlords should build the seven-day RTB notification requirement into rent review workflows and maintain a clear audit trail.
Termination notices and related documentation
New position: The Bill broadens the protection for certain technical errors in termination documents. At present, the legislation already contains mechanisms under which the ‘slip rule’ can be used by the RTB to validate a notice of termination where an immaterial slip
or omission is contained in it, or occurred during its service. The Bill extends this approach to certain accompanying statements, statutory declarations and related notifications.
Practical implications: This should reduce the risk that a termination process fails solely because of a technical error in an associated document. However, it should not be read as a licence for loose drafting.
Termination and right of return: limits where the landlord has entered an enforceable sale agreement
New position: The Bill limits the circumstances in which the RTB can make an order allowing a former tenant to resume possession where the landlord has entered into an enforceable sale agreement of the relevant type. This may reduce the risk that a tenant’s statutory right to return disrupts a sale after the landlord has already entered into a binding sale agreement.
Practical implications: This protection is not absolute. The validity of the original termination notice, the basis for termination, the timing of the sale agreement and any live RTB dispute will all remain important.
Mediation and settlement of RTB disputes
New position: The Bill clarifies that mediation reports must remain confidential and must not be disclosed beyond the required RTB process. It also changes the period for a party to withdraw from a mediated agreement from 10 calendar days to 10 working days.
Where a party withdraws within that period, the dispute must be referred to the Tribunal.
Practical implications: Parties will have slightly more time to consider whether they wish to be bound by a mediated outcome, while preserving the confidentiality of the mediation process. For landlords , mediated agreements should be tracked carefully so that any challenge or withdrawal is identified within the relevant period.
More formal adjudications and Tribunal hearings
New position: The Bill makes RTB adjudications and Tribunal hearings more formal in several respects. The Bill gives adjudicators and Tribunals clearer powers to receive evidence in certain serious disputes, including cases involving alleged anti-social behaviour, behaviour threatening the fabric of the dwelling or wider property, and certain alleged landlord failures. In appropriate cases, evidence may include statements from An Garda Síochána or housing authority officers where witnesses may be deterred from giving evidence because of violence or threats.
Practical implications: Operators often need to manage resident behaviour, shared spaces, damage to common areas and complaints from neighbouring occupiers. The amended process may assist in serious cases, but it also means that disputes may be more visible and reputationally sensitive.
Public hearings and data protection
New position: The Bill introduces a broader transparency model for RTB proceedings, while also adding privacy safeguards. Adjudications and Tribunal hearings will generally take place in public unless special circumstances justify a private or partly private hearing. Where a hearing is held privately because of special circumstances, names, addresses, contact details and other personal data must not be published. Published determination orders must also be redacted where privacy protections apply.
Practical implications: For landlords, investors and operators, there are two issues to be considered. First, more disputes may take place in a public setting. Secondly, where privacy restrictions apply, parties must be careful not to disclose protected information.
Appeals and determination orders
New position: The Bill makes a number of changes to how RTB decisions become binding and how they may be appealed or enforced. Appeal periods have been amended. Appeals must clearly identify the grounds on which they are brought. The RTB will also have the ability to correct administrative or clerical mistakes in determination orders.
The High Court will have clearer powers when dealing with appeals from Tribunal determinations, including powers to direct compliance with a determination order, require a fresh determination, make possession orders, or make interim orders for rent payment.
Practical implications: For landlords, these changes may improve enforcement certainty in some cases. In particular, interim rent payment powers may reduce the risk of prolonged occupation without payment during appeal processes. However, the underlying termination or rent claim must still be procedurally sound.
District Court enforcement
New position: The Bill simplifies aspects of District Court enforcement of RTB determination orders. Where the Court is satisfied that a determination order has issued and has not been complied with, it must direct compliance, subject to the statutory grounds on which a determination order may be cancelled.
In rent arrears cases involving an order to vacate, the Court may require the respondent to lodge or pay the rent arrears, together with an amount for continued occupation, before the Court hears arguments about whether there are good reasons to cancel the order.
Practical implications: This may reduce the risk of delay where possession has been ordered following rent arrears, and it may give landlords a stronger position where a tenant remains in occupation while enforcement is being contested.
Registration, fees and historc non-compliance
New position: The Bill strengthens the RTB’s registration enforcement powers. It allows the RTB to address tenancies that ought to be registered now and tenancies that ought to have been registered in the past. This appears designed to capture historical or past registration failures, although it is not clear whether this extends to tenancies that existed but may no longer exist by the time the RTB acts.
The RTB is also empowered to impose fixed penalties both where there is a non-compliance by a landlord with either the obligation to register the tenancy or the requirement to update the register with a new rent amount within the prescribed statutory timeline.
The RTB’s inspection powers are also updated. Authorised persons may enter into and
inspect a premises, including a private dwelling, for the purposes of ascertaining: details of a rented dwelling; the registration requirements; the particulars to be specified in any registration application; or the correctness of any particular specified in such application.
Practical implications: The registration provisions re-enforce the importance of ensuring that all necessary registrations have been made in a timely manner.
In conclusion
Overall, the Bill is best viewed as a practical administrative update rather than a fundamental reshaping of residential tenancy law. It introduces some helpful operational changes for landlords, while continuing the broader trend towards a more structured compliance regime.
Should you have any further queries in relation to this legislation, please contact Aoife Smyth, Senior Practice Development Consultant, or your usual ALG Real Estate contact.










