Changes to Tenancy Rights and Responsibilities
The Residential Tenancies (Amendment) Act 2019 makes changes to the rights and responsibilities of those living and working in the rental sector (There are a number of relevant dates for implementation over the coming weeks and months).
Changes to laws for ending a tenancy – Effective 4th June 2019. The legislation provides for the following changes when ending a tenancy. Notice periods for ending a tenancy have been extended (see table below) –
– Where a landlord intends to sell a property and issues a notice of termination, they must enter into a contract for sale within 9 months of the termination date and must offer to re-let the property to the tenant if it becomes available again for let within the following 12 months;
– Where a landlord intends to substantially refurbish the dwelling, they must provide certification by a registered professional stating that the works proposed would pose a threat to the health and safety of the occupants of the dwelling and would take at least 3 weeks to complete. The landlord must offer the property back to the original tenant when the works have been completed;
– Where a landlord intends to move into the property or requires it for family, and where the landlord intends to change the use of the dwelling, they must offer the property back to the tenant if it becomes available for let from 12 months from the expiry of the notice of termination;
– Introduction of the remedial notice – if a notice of termination has been ruled invalid as a result of a minor defect during the dispute resolution process, landlords do not have to start over again when issuing a new notice of termination under certain conditions. Instead, an Adjudicator or Tribual can allow the original notice to be remedied by serving a remedial notice within 28 days of a Determination Order issuing.
Duration of Tenancy Notice Period
Less than 6 months 28 days
Not less than 6 months but less than one year 90 days
Not less than one year but less than 3 year 120 days
Not less than 3 years but less than 7 years 180 days
Not less than 7 years but less than 8 years 196 days
Not less than 8 years 224 days