The Bill will amend the current system of rent control significantly and provide new measures to protect tenants. It will come into effect for new tenancies created on or after 1 March 2026. At the heart of this Bill is the fact we want to provide certainty, clarity and stability for the rental sector and drive new supply of homes to rent.
The Bill's new national rent control, which is an unprecedented action, will come into effect on 1 March 2026 immediately following the expiry of rent pressure zones, RPZs. The Bill has been informed by the findings of the Housing Agency review of rent pressure zones, which clearly indicated that the RPZ rules we had in place, and were extending year on year but in a temporary fashion each time, were restricting supply. The potential policy options were presented to Government by the agency, along with the preferred recommendation to modify the existing operation of the current rent controls. There was no possibility of leaving things as they were, leaving us only with a choked rental market with no new homes on the horizon, despite significant shifts in our population and a huge number of people at home without the option to rent due to a lack of supply, as well as the issue of affordability.
This Bill is finely balanced because it has to be. It balances the rights and protection of tenants with the need for further private investment in the rental market, taking account of stakeholder engagement. It recognises the power imbalance between renters and their landlords and seeks to adjust it to make things as fair as possible and, crucially, to provide certainty for tenants. The fear our tenants and renters nationwide have of notice to quit, particularly on a no-fault basis, had to be tackled. I was determined to make an intervention, as Minister, to do this. That has not made the decisions in this Bill easy but I am determined to change how our rental market provides for people.
The Bill contains 31 sections. Sections 1, 3, 4 and 25 contain standard provisions dealing with the definitions, Short Title, commencement, collective citations and construction of the Bill.
Sections 2, 9 and 23 provide for the repeal of the RPZ provisions and make consequential, technical amendments.
Section 5 clarifies that notices and other documents may be served or given by electronic means under the principal Act.
Section 6 requires a landlord to serve a notice on a tenant, and copy the Residential Tenancies Board, RTB, explaining how the rent was set upon the commencement of a new tenancy.
Section 7 obliges a tenant to allow viewings of a dwelling where the landlord intends to sell.
Section 8 provides for a new national rent control in respect of new tenancies, that is, first-time tenancies between parties, created on or after 1 March 2026. Provision is made for an annual rent increase restriction, that is, in line with the consumer price index, or, if lower, 2% per annum pro rata , for both new and existing tenancies. However, a restriction linked to the CPI only will apply for new apartments and student-specific accommodation. From 1 March 2026, a new exemption from the annual rent increase restriction is provided for the first rent setting for a new tenancy in an existing rented dwelling after a tenant ends their tenancy, a tenant breach of the tenant obligations or where the accommodation is no longer suitable to the accommodation needs of the tenant household. In addition, in respect of a new tenancy, after six years, or three years in respect of student-specific accommodation, during which the rent increase restriction applied to that tenancy, a landlord may reset the rent to market rent.
Market rent is something that will be monitored closely and robustly by the RTB. Section 10 requires a landlord, when notifying their tenant of a new rent, to copy the RTB. Landlords must, in setting the rent, have regard to the newly published register by the board and the most recent comparable rents for similar dwellings with regard to floor area, dwelling type, number of bedrooms and bed spaces and the building energy rating, BER. Contravention by a landlord of the amended section 22(2) will be an offence and improper conduct and the RTB may prosecute or sanction. I want to be very clear about this and the seriousness with which any breaches by landlords will be dealt with.
Section 11 updates the definition of "market rent" by requiring, in setting a rent for a dwelling, regard to be given to the rent information contained in the published register.
Section 12 requires a smaller landlord - a landlord that is not a company and is a landlord under not more than three tenancies of dwellings - when terminating a new tenancy created on or after 1 March 2026, that is, a tenancy of minimum duration, TMD, during or after its six-year term, to make certain statutory declarations. A technical amendment allows engineers to certify, for the purposes of grounding a tenancy termination on substantial refurbishment or renovation, that vacant possession is required for at least three weeks for the health and safety of the tenant.
Section 13 provides that where a smaller landlord wishes to end a tenancy of minimum duration during its six-year term on the ground that the dwelling is needed for occupation by a family member, the termination can only be grounded in respect of the intended occupation by the landlord’s spouse, civil partner, child, adoptive child, stepchild, foster-child, parent, step-parent or parent-in-law. This is a tightening of the position in this respect. The smaller landlord must make a statutory declaration that he or she is a smaller landlord. This will be known. There will be no ambiguity about what status a landlord has, which is critical so people know their rights and responsibilities.
Where a smaller landlord wishes to terminate a TMD during its six-year term on the ground that the landlord intends to sell the dwelling, the landlord must make a statutory declaration that, on the date the notice of termination is served, he or she is a smaller landlord and the sales proceeds are required to avoid undue financial or other hardship. Where the smaller landlord wishes to terminate a TMD on ground five, substantial refurbishment or renovation, or ground six, change of use, at the end of a six-year TMD, a statutory declaration will also be required to be made by a smaller landlord that, on the date the notice of termination is served, he or she is a smaller landlord. A declaration and statement will also be required to be made by a smaller landlord that the notice period in the related notice of termination, served during the TMD, expires on a specified termination date that falls on or after the expiry of the six-year TMD.
Section 14 restricts the termination of certain tenancies by certain landlords. During a six-year tenancy of minimum duration, a smaller landlord will be permitted to terminate a tenancy in the following circumstances: the dwelling is needed for occupation by the landlord or a family member; to avoid undue financial or other hardship; the sales proceeds are required by the landlord to provide a principal private residence for the landlord or for the spouse or civil partner of the landlord; the landlord, or spouse-civil partner of the landlord, is legally required to discharge a debt, or make a payment, of more than 15% of the asking price - expected consideration - within nine months of the termination date, including a payment to the Revenue Commissioners, for example, to discharge a debt under the fair deal scheme or to pay a tax liability; or where a personal insolvency practitioner has been appointed to the landlord, or spouse-civil partner of the landlord, or at least one of those parties is bankrupt, or subject to proceedings for a declaration of bankruptcy or is an arranging debtor, or has made a composition or arrangement with creditors.
At the end of a six-year TMD, a smaller landlord may terminate a tenancy on any of the limited grounds for termination under the principal Act, subject to making any necessary statutory declaration and statement. A larger landlord will no longer be able to use the grounds for termination under paragraphs 3, 4, 5 or 6 of the table to section 34 of the principal Act but will continue to be able to gain vacant possession where the tenant voluntarily leaves, breaches their obligations or the dwelling is no longer suitable for the accommodation needs of the tenant household.
Section 15 requires a landlord, when terminating a non-Part 4 tenancy, to state the reason for its termination. Resetting to market rent is only allowed following a termination by a tenant, or by a landlord grounded on the breach of tenant obligations, or where the dwelling no longer suits the accommodation needs of the tenant household.
Technical amendments are also made. Sections 16 to 18, inclusive, update the requirements for the RTB’s residential tenancies register and requires the board to confirm for a tenant whether their landlord was a smaller landlord on the date of service of a notice of termination. The published register will be required to include: the rent; the tenancy registration number; the tenancy commencement date; the number of bed spaces; the local electoral area; the floor area; and, where applicable, the BER in addition to the number of bedrooms and the dwelling type of individual rented dwellings. This is a massive and important change in the rental landscape that will provide significantly more transparency, which we know is needed and has been called for.
Section 19 requires the following particulars in an application to register a tenancy with the RTB: the number of bed spaces; the floor area; and, where applicable, the BER.
Sections 20 to 22, inclusive, provide for data sharing between the RTB and the Minister for Social Protection, the Revenue Commissioners and the Sustainable Energy Authority of Ireland, SEAI.
Section 24 provides a contravention of section 22(2) of the principal Act relating to rent review requirement as improper conduct by a landlord that may be investigated and sanctioned by the RTB.
Part 3 provides for amendments to the Civil Law (Miscellaneous Provisions) Act 2022 to provide that a dwelling that is or was required to be registered under the residential tenancies Acts since 4 March 2022 is not eligible for the accommodation recognition payment, ARP. In addition only owners of dwellings may apply for the ARP.
Part 4 provides for technical amendments to maintain the pre-existing planning provisions for short-term letting following the repeal of the RPZ provisions.
This Bill will provide significantly stronger tenancy protections and is finely balanced between the interests of tenants and the need for further private investment in the rental market. I am acting because we are in a housing crisis. I am acting because this Bill is needed to provide certainty and clarity but also to boost the supply we need. I commend this Bill to the House.