The widely signalled changes to Ireland’s residential tenancies legislation are finally upon us. The Government published the Residential Tenancies (Miscellaneous Provisions) Bill (the Bill) earlier this month and it was approved by the Dáil last week, without amendment. It will now be debated in the Seanad later this week, with our expectation that the new law will be in place before the key date of 1 March 2026, when many of its provisions are to become operative.
As highlighted in our previous posts, the new law introduces significant changes to rent control and security of tenure for both the private rented sector (PRS) and purpose-built student accommodation (PBSA). The Bill reflects the policy intentions set out in June 2025 and developed further since. The Bill makes targeted changes to the existing legislation, which means it must be read in parallel with the underlying statutory framework. The aim of this post is to provide an initial high‑level summary of how the new legislation applies to different tenancy arrangements.
In reading this post, you should bear in mind that:
- The legislation remains subject to Seanad approval and there is therefore a possibility that the position summarised in this post will change.
- We focus on the position of a “large landlord”, defined as a company and / or a landlord with 4 or more tenancies. Different rules apply to small landlords, which are not considered in this post.
- References to “new” apartment or “new” PBSA schemes mean schemes with a commencement notice issued on or after 10 June 2025 in respect of either the (i) construction of the property, (ii) an extension by at least 25% of its pre-existing size or (iii) its change of use to use as an apartment complex which occupies at least 25% of the prior floor area.
- Existing PBSA arrangements created prior to 1 March 2026 which continue for more than 1 year remain subject to review of rent in accordance with CPI, capped at 2%. This is likely to arise infrequently given the usual annual turnover of these units.
Private rented sector
1. Tenancy of an existing PRS dwelling created before 1 March 2026
First rent
No change. The first rent for these tenancies has already been set.
Rent reviews
The only change is that permitted annual rent increases are now calculated by reference to the Consumer Price Index (CPI) and no longer the Harmonised Index of Consumer Prices (HICP). Rent increases remain capped at 2% per year.
Reviews already underway before 1 March 2026 follow the old HICP rules. All other reviews, where rent review notices are served after 1 March, follow the new CPI model and must reference rents for three comparable properties (of similar location, size, number of bedrooms, type, character and BER) obtained from a new publicly available rent register.
Security of tenure
No change. A tenant acquires security of tenure after 6 months in occupation. The total duration depends on the original start date, with any Part 4 tenancies arising after June 2022 being of unlimited duration.
Termination
No change. Large landlords retain the full statutory grounds to terminate, including breach, rent arrears, unsuitability of the dwelling to the tenant’s needs, sale with vacant possession (subject to the “Tyrrellstown”1 provisions), redevelopment and change of use.
However, note that where a tenancy commenced prior to 1 March 2026 but the 6-month anniversary of the relevant tenant’s occupation occurs on or after that date, then that tenant will benefit from the new restriction on termination rules summarised below – i.e. the landlord may terminate only for rent arrears, other tenant breach or unsuitability of the premises for the needs of the tenant.
2. Tenancy of an existing PRS dwelling created after 1 March 2026
First rent
New provisions allow a landlord to rebase rent to market on the creation of a new tenancy where the previous tenancy ended because of rent arrears, other tenant breach or voluntary departure. Three comparable rents (obtained from the rent register) must be provided on registration of the new lease with the Residential Tenancies Board (RTB).
Where the previous tenancy was terminated on any other grounds, the first rent under a new tenancy must be based on the rent under that previous tenancy, subject to increase in line with CPI (capped at 2%).
Rent reviews
Annual reviews follow CPI, subject to the 2% cap. A return to market rent is permitted after six years where all reviews during the intervening six-year period have complied with the cap. Any rent review notice must reference three comparables obtained from the rent register.
Security of tenure
Tenants obtain unlimited‑duration rights after six months.
Termination
Large landlords may terminate only for rent arrears, other tenant breach or unsuitability of the premises for the needs of the tenant. Large landlords can no longer terminate for sale with vacant possession, redevelopment or change of use.
3. Tenancy of a “new” apartment created after 1 March 2026
First rent
The first rent is set at market level. Three comparables (obtained from the rent register) must be provided at registration.
A landlord can subsequently rebase rent to market on the creation of a new tenancy where the previous tenancy ended because of rent arrears, other tenant breach or voluntary departure. Again, three comparable rents (obtained from the rent register) must be provided on registration.
In circumstances where the previous tenancy was terminated on any other grounds, the first rent under a new tenancy is to be based on the rent under that previous tenancy, subject to increase in line with CPI (no 2% cap).
Rent reviews
Reviews track CPI, with no 2% cap. A market reset is allowed after six years of compliant CPI-based increases. Any rent review notice must reference three comparables obtained from the rent register.
Security of tenure
Tenants obtain unlimited‑duration rights after six months.
Termination
Large landlords may terminate only for rent arrears, other tenant breach or unsuitability of the premises for the needs of the tenant. Large landlords can no longer terminate for sale with vacant possession, redevelopment or change of use.
4. Tenancy of a “new” house created after 1 March 2026
First rent
The first rent is set at market level. Three comparables (obtained from the rent register) must be provided at registration.
A landlord can rebase rent to market on the creation of a new tenancy where the previous tenancy ended because of rent arrears, other tenant breach or voluntary departure. Three comparable rents (obtained from the rent register) must again be provided on registration.
Where the previous tenancy ended on any other ground, the first rent under a new tenancy is to be based on the rent under that previous tenancy, subject to increase in line with CPI (capped at 2%).
Rent reviews
CPI‑based reviews apply, capped at 2%. A market reset is allowed after six years of compliant CPI (capped at 2%) increases. Any rent review notice must reference three comparables obtained from the rent register.
Security of tenure
Tenants obtain unlimited‑duration rights after six months.
Termination
Large landlords may terminate only for rent arrears, other tenant breach or unsuitability of the premises for the needs of the tenant. Large landlords can no longer terminate for sale with vacant possession, redevelopment or change of use.
Purpose-built student accommodation
1. Tenancy / licence of an existing PBSA dwelling created after 1 March 2026
First rent
The rent is to be based on the previous rent for the unit, subject to increase in line with CPI (capped at 2%). These rent increase restrictions will apply to academic years 2026/27, 2027/28 and 2028/29. PBSA operators can rebase rent to market for academic year 2029/2030 and from then on in three-year cycles (with the CPI (capped at 2%) mechanism to be applied in the intervening years). As with PRS, three comparables (obtained from the rent register) must be provided on registration of the new arrangement.
Note that the new provision allowing landlords of PRS to rebase to market where the previous tenancy ended because of tenant breach or voluntary departure does not apply to PBSA.
Rent reviews
Where a student tenancy / licence runs for a period of longer than a year, CPI‑based increases apply (capped at 2%). A rebase to market is permitted every three years where the dwelling has operated as PBSA for the intervening three years, in compliance with the rent controls. Any rent review notice must reference three comparables obtained from the rent register.
Security of tenure
No change – Part 4 does not apply.
Termination
Statutory termination rights under Part 4 do not apply and therefore termination is governed by the terms of the agreement.
2. Tenancy / licence of a “new” PBSA dwelling created after 1 March 2026
First rent
The first rent is set at market level. Three comparables (obtained from the rent register) must be provided on registration of the new arrangement.
For subsequent tenancies / licences during the following three years, rent is based on the rent payable under the immediately preceding arrangement subject to increase in accordance with CPI (no 2% cap). Three comparables must again be provided at registration.
Following such three-year period, PBSA operators can rebase rent to market and from then on in three-year cycles (with the CPI mechanism (no 2% cap) to be applied in the intervening years).
Again, the new provision allowing landlords of PRS to rebase to market where the previous tenancy ended because of tenant breach or voluntary departure does not apply to PBSA.
Rent reviews
Where student arrangements run for periods of longer than a year, CPI controls apply (no 2% cap). A rebase to market is permitted every three years where the dwelling has operated as PBSA for the intervening three years, in compliance with the rent controls. Any rent review notice must reference three comparables obtained from the rent register.
Security of tenure
Part 4 does not apply.
Termination
Statutory termination rights under Part 4 do not apply and therefore termination is governed by the terms of the agreement.
In summary
As is evident from the above, the landscape resulting from these changes is complex, with varying rules applying depending on tenancy and property type. We intend to take a deeper dive into this landscape in a series of podcasts to be published shortly.
In the meantime, should you have any questions please get in touch with Aoife Smyth, Practice Development Consultant, or your usual ALG Real Estate contact.
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- If a landlord proposes to sell ten or more units within a single multi‑unit development within a six‑month period, the sale must proceed with the existing Part 4 tenants remaining in situ. The landlord cannot end those tenancies for the purpose of selling the units unless (1) the market value of the units with tenants in situ would be 20 percent below the value with vacant possession, or (2) applying the rule would be unduly onerous or would cause hardship to the landlord. ↩︎