The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 has been published today. This is the draft legislation intended to give effect to the temporary moratorium on residential tenancy terminations during what is referred to as the “winter emergency period”. The Bill provides the following:
- The winter emergency period is defined as beginning on the day after the passing of the legislation (expected before the Oireachtas breaks up at the end of next week) and 31 March 2023.
- The bill applies to both residential tenancies and licences of student accommodation.
- Where a notice of termination has been served on or before the date of the passing of the Act which specifies a termination date that falls during the emergency period, that termination date is deferred as follows:
Period during which termination date falls | Tenancy duration | Deferred termination date |
Beginning on the day after the date of the passing of the Act and ending on 31 January 2023 | Less than 6 months | 1 May 2023 |
Beginning on 1 February 2023 and ending on 1 March 2023 | Less than 6 months | 18 June 2023 |
Beginning on the day after the date of the passing of the Act and ending on 31 January 2023 | Between 6 months and 1 year | 1 May 2023 |
Beginning on 1 February 2023 and ending on 1 March 2023 | Between 6 months and 1 year | 1 June 2023 |
Beginning on the day after the date of the passing of the Act and ending on 31 January 2023 | Between 1 and 7 years | 15 April 2023 |
Beginning on 1 February 2023 and ending on 1 March 2023 | Between 1 and 7 years | 1 May 2023 |
Beginning on the day after the date of the passing of the Act and ending on 31 March 2023 | 7 years + | 1 April 2023 |
- A notice of termination served by a landlord during the emergency period in respect of a tenancy of less than 6 months’ duration cannot specify a termination date earlier than 18 June 2023. Note that there is no need for provision for what happens where you serve a notice during the emergency period in respect of a tenancy of greater than 6 months, as the notice periods under the legislation are such that it takes you past the end of the emergency period without need for deferral.
- The above deferral periods do not apply where the tenant is in breach or the landlord is terminating on the ground that the accommodation no longer suits the tenant’s needs having regard to the number of bed spaces and the size of the household.
- A tenant can’t acquire Part 4 rights by virtue of the operation of the Act – i.e. the additional time that they are in occupation by virtue of the operation of the legislation is not to be counted towards Part 4.
For further information on this topic, please contact Aoife Smyth, Knowledge Lawyer or any member of A&L Goodbody’s Real Estate team.