Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022
The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 came into effect on 29 October 2022. This is temporary legislation which covers a set period of time known as the ‘winter emergency period’ (30 October 2022 to 31 March 2023).
Under this legislation, certain tenancies which were due to terminate between 30 October 2022 and 31 March 2023 will have the tenancy termination date deferred.
The deferred termination dates to be applied depends on two factors:
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The specified termination date;
and
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the length of the tenancy.
Key points:
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The legislation is required due to the ongoing, acute supply constraints in the residential rental sector, and the expected increase in homelessness presentations over the winter period.
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The deferred termination dates now replace the originally specified termination dates that fall during the winter emergency period.
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An additional protection is in place for tenancies that are less than 6 months old. In these circumstances, where the Notice of Termination is served during the winter emergency period then the tenancy cannot end earlier than 18 June 2023, otherwise the Notice of Termination is invalid (the usual 90 days’ notice must still be given).
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None of the above protections apply if the tenant has breached their responsibilities. For example, by not paying rent or behaving in an anti-social manner. In these instances, the usual rules for ending a tenancy apply. The protections also do not apply where the landlord has served a Notice of Termination because the rented property is no longer suitable to the accommodation needs of the occupying household.
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A landlord can still serve a Notice of Termination during the winter emergency period.
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The legislation applies to the private rental sector, approved housing bodies, cost rental tenancies and licenses/ tenancies in student specific accommodation including student tenancies within the general rental market.
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If the above protections mean a tenant gets to stay in the rented property for longer than 6 months, the tenant will not acquire Part 4 tenancy rights (i.e. a tenancy of unlimited duration).
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The usual rules for terminating a tenancy still apply (for example the requirement to serve a valid Notice of Termination and give the correct notice period). For more information, please click here.
