COVID-19 RESIDENTIAL TENANCIES
The recent Emergency Measures in the Public Interest (COVID-19) Act 2020 has introduced urgent measures which affect how tenancies can be ended, RTB dispute resolution issues and rent payment issues.
Expert property law solicitor Michael Burns provides a quick overview here.
Can a Landlord serve notice of termination on a tenant?
A landlord shall not serve a notice of termination in relation to the tenancy of a dwelling during the emergency period.
Can a landlord force a tenant to leave the property where notice of termination has expired before the emergency measures were introduced but where that tenant has refused to leave?
No, the tenant is entitled to remain in the property but on the same terms and conditions that applied before the notice was served. Therefore, the tenant has to pay rent during this period.
Can a tenant claim a part 4 tenancy during the 3-month emergency period?
No, the tenant cannot claim the 3-month emergency period does not count as part of the continuous occupation for the purposes of claiming security of tenure.
Does a tenant have to vacate during the emergency period if a landlord served notice of termination before the emergency legislation was introduced?
No, the termination date will be revised.
What if a tenant has refused to pay rent?
The landlord must give 28 days warning (increased from 14 days) to the tenant in writing for failure to pay the rent.
Can a tenant be evicted from the property during the 3-month emergency period?
No, all evictions are prohibited during the operation of the Emergency Measures in the Public Interest (COVID-19) Act 2020.
Can a landlord increase the rent during the 3-month emergency period?
No, an increase in rent is not payable during the emergency period.
Does a tenant have to continue to pay rent?
Yes, a tenant is obliged to pay your rent during the emergency period unless otherwise agreed with the landlord.