Emergency Covid-19 Measures have Ended - How is my Tenancy Affected?

The Emergency Measures in the Public Interest (COVID-19) Act 2020 expired on 1st August 2020 and, at the same time the Residential Tenancies and Valuation Act 2020 was introduced.

This page provides an overview of the changes related to ending a tenancy, notice periods and rent reviews for tenancies that are not in rent arrears now that the Covid-19 moratorium is lifted.

On 1st August 2020, the Residential Tenancies and Valuation Act 2020 came into force and new rental protections apply to tenants who face rent arrears and as a result, are at risk of their tenancy ending.

Click here to view the new procedures in place for dealing with rent arrears as a result of Covid-19

Notices of Termination

The Covid-19 Act 2020 was introduced on 27th March 2020 and banned all rent increases and tenancy terminations, with limited exceptions, during the Covid-19 emergency period. This emergency period expired on 1st August 2020.

This means that Notices of Termination can again be served from the 2nd of August 2020, and the usual protections under the Residential Tenancies Act again apply. For a full overview of the rental rights and responsibilities for landlords and tenants, please read the RTB’s Good Landlord Tenant Guide.

Where a notice of termination was served before the emergency period

For tenancies where a Notice of Termination was served before the emergency period and the notice period had not yet expired by 27th March 2020, the notice period was paused. The notice period can now resume.

Where a Notice of Termination was served before the emergency period started and had not expired by the 27th March 2020, tenancies cannot end before the 10th August 2020 at a minimum.

For example, if a tenant was due to vacate on the 29th March, they would have 2 days left to run when the emergency period ended on the 2nd August. However, the tenant in this scenario is now afforded until 10th August. If a tenant had 10 days’ notice left to run from the 2nd August, the tenant will still be due to vacate on the 12th August as that is a date later than 10th August.

Where a landlord wishes to issue a Notice of Termination following the emergency period (not for rent arrears)

For those tenants in rent arrears as a result of Covid-19 and are at significant risk of tenancy termination, new protections apply to them, as long as they follow the steps to complete and submit a self-declaration form.

For tenancies other than those in rent arrears, ending a tenancy is now permitted. The existing laws on how to end a tenancy, in place prior to the emergency period, apply again from the 2nd August 2020.

Click here to view the procedures in place prior to the emergency period for termination of tenancy.

Rent Reviews

Any rent review notices that were served during the emergency period between 27th March and 1st August 2020 are now premitted to take effect, unless the tenant has been financially impacted by Covid 19 and cannot pay the rent.

From 2nd August 2020, as long as the usual rent review rules and 90-day rent review notice period has been adhered to, rent increases become payable by the tenant with no back-dating permitted.

Additionally, a rent decrease continues to be allowed, whether the rent review notice was served before or during the emergency period under the Covid-19 Act 2020 or the Residential Tenancies and Valuation Act 2020.

From 2nd August 2020, all the rules around setting and reviewing the rent inside and outside Rent Pressure Zones (RPZs) apply as they did before the emergency period. These rules can be viewed here for areas inside an RPZ, and here for areas outside an RPZ.

As usual, tenants were required to pay rent to their landlord between 27th March 2020 and 1st August 2020 and continue to be obligated to pay their rent. If a tenant is faced with rent arrears as a result of Covid-19, please click here to view the new rules that apply.