# Rent Freeze To Be Extended Beyond 20 July



## Sarenco (16 Jul 2020)

According to the RTB, average rents fell by 3.8% over the last three months.

This is in no small part due to the massive increase in supply because of the virtual collapse of the short-term letting (Airbnb) market.

So how is the Government reacting to this welcome news?

It's extending the current freeze on rent increases! 

You really couldn't make this up...








						Rent freeze to be extended beyond 20 July
					

It is understood a memo will go to Cabinet on Monday to approve the measures.




					www.thejournal.ie


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## NoRegretsCoyote (16 Jul 2020)

Sarenco said:


> This is in no small part due to the massive increase in supply because of the virtual collapse of the short-term letting (Airbnb) market.



Much more likely due to the hundreds of thousands of people who don't need to live near a place of work anymore.....


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## Sarenco (16 Jul 2020)

NoRegretsCoyote said:


> Much more likely due to the hundreds of thousands of people who don't need to live near a place of work anymore.....


That's certainly a relevant factor.

Either way, there were 65% more rental ads on Daft for Dublin in June 2020 than the same month a year ago.

An increase in supply of that magnitude was always going to depress market rents.

So why is the Government fighting yesterday's war by extending the rent freeze?

I'm so glad I exited the residential letting business a few year's ago - Government interference has really got to ridiculous levels at this stage.


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## Gordon Gekko (16 Jul 2020)

Agreed. What if you were trying to sell a place? Crazy populist stuff.


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## Sarenco (16 Jul 2020)

Gordon Gekko said:


> What if you were trying to sell a place?


You're plumb out of luck.


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## Pinoy adventure (17 Jul 2020)

Sarenco said:


> You're plumb out of luck.



Would you think that might mean a drop In price if trying to off load a place on the current climate ?


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## Brendan Burgess (17 Jul 2020)

What strikes me as odd is that there is not one TD or Senator who has even questioned this. 

They all seem to be outdoing each other to make it longer and harsher on the landlord.

Brendan


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## NoRegretsCoyote (17 Jul 2020)

Brendan Burgess said:


> What strikes me as odd is that there is not one TD or Senator who has even questioned this.
> 
> They all seem to be outdoing each other to make it longer and harsher on the landlord.



But Brendan 20% of all TDs are landlords who only ever look after themselves. Hadn't you heard?


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## Brendan Burgess (17 Jul 2020)

I had forgotten that. That makes it worse. 

They understand the issue fully. 

Brendan


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## Peanuts20 (17 Jul 2020)

Landlords costs have not gone up significantly in this period since there has been no change in mortgage rates, on that basis, what's the big deal around no increase in rent? When you look at some of the rents being charged for substandard properties in Dublin, it's hard to have any sympathy for landlords.


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## Gordon Gekko (17 Jul 2020)

Pinoy adventure said:


> Would you think that might mean a drop In price if trying too off load a place on the current climate ?



It’s hard to say, but if I had to call it I’d think price increases are more likely.

Supply is constrained as builders weren’t building and landlords can’t get their properties vacant; yes, demand got a shock, but it’s always there.


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## Boyd (17 Jul 2020)

A friend of mine has been grappling with new landlord for months now having been served a termination order after 10 years. Following ownership change proposed rent went from 650 (way too low) to 1450 (way too high). It's only the eviction ban keeping him in the place as without this he had all sorts of plans of quitting his job and returning home to England. I believe he's negotiated a middle ground is E1050 to stay, keep him job and remain in Ireland. Please don't pick the story apart saying he should do this and that, I'm just saying it's helped some people in really hard situations to buy some time.


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## NoRegretsCoyote (17 Jul 2020)

Boyd said:


> A friend of mine has been grappling with new landlord for months now having been served a termination order after 10 years.



But without the Covid rules after ten years a landlord has to give *seven months'* notice!

Consider the the following. You are a landlord. You have a single tenant in a four-bedroom house who hasn't paid rent in six months. You can't terminate the tenancy due to Covid rules. You have found a family of six in emergency accommodation, and you want to let the house to them on a HAP tenancy. But you can't get rid of the single tenant, and the family stays in emergency accommodation.

Who benefits here? Not the landlord, not the homeless family, and not the taxpayer.


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## Boyd (17 Jul 2020)

For sure, for every one mildly positive story there is another like your scenario above.


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## Romulan (17 Jul 2020)

Threshold still have all the answers though, never fear








						Housing Charity welcomes extension on rent moratorium and evictions
					

"Out of control" rent prices in Dublin and Greater Dublin Area says Threshold




					www.leinsterleader.ie
				




Bedsits, what bedsits?


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## Zenith63 (17 Jul 2020)

The optics of lifting the rent freeze are likely scaring the hell out of the government, cannot say I’d want to be the one to make that announcement. Easier to leave it in-place and let it disappear quietly as part of the final lifting of all the last restrictions I’d say. The new government has had enough high profile outings in the media without going for an own goal on something like this.


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## Leo (17 Jul 2020)

Peanuts20 said:


> When you look at some of the rents being charged for substandard properties in Dublin, it's hard to have any sympathy for landlords.



If rental properties are sub-standard, then they should be reported to the authorities who will issue the landlord with notice to remedy the issues within a fixed time frame or face fines. The standards now required of rental properties exceeds those permitted for owner-occupiers.


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## moneymakeover (17 Jul 2020)

Boyd said:


> A friend of mine has been grappling with new landlord for months now having been served a termination order after 10 years. Following ownership change proposed rent went from 650 (way too low) to 1450 (way too high). It's only the eviction ban keeping him in the place as without this he had all sorts of plans of quitting his job and returning home to England. I believe he's negotiated a middle ground is E1050 to stay, keep him job and remain in Ireland. Please don't pick the story apart saying he should do this and that, I'm just saying it's helped some people in really hard situations to buy some time.


Is it in a rent pressure zone?
And if so subject to 4% annual increase?
Even with the change in owner.


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## Firefly (17 Jul 2020)

NoRegretsCoyote said:


> Consider the the following. You are a landlord. You have a single tenant in a four-bedroom house who hasn't paid rent in six months. You can't terminate the tenancy due to Covid rules.



Difficult to terminate the lease pre-Covid rules too I imagine....I was wondering why there is so many student accommodation being built at the moment. I guess with a student, the downside is limited to an academic year


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## Peanuts20 (17 Jul 2020)

Leo said:


> If rental properties are sub-standard, then they should be reported to the authorities who will issue the landlord with notice to remedy the issues within a fixed time frame or face fines. The standards now required of rental properties exceeds those permitted for owner-occupiers.


 
here are some examples that were spotted yesterday


I know most landlords are decent and many have bent over backwards to help their tennants in the current crisis but unless you have an unusually low historical rent, i struggle to have any sympathy for any landlord looking to increase their prices at a time when the bulk of their costs have remained static


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## Leo (17 Jul 2020)

Peanuts20 said:


> here are some examples that were spotted yesterday



No suggestion they are currently let, perhaps just some naive wannabe landlord who is in for a shock when they get hit with an improvement order. Not saying there aren't poor standards out there, bu the legislation is now quite powerful, and heavily weighted towards the tenant.



Peanuts20 said:


> I know most landlords are decent and many have bent over backwards to help their tennants in the current crisis but unless you have an unusually low historical rent, i struggle to have any sympathy for any landlord looking to increase their prices at a time when the bulk of their costs have remained static



Many will point to the current legislation (bar the temp COVID freeze) as penalising landlords in RPZs who do not raise their rents by 4%pa. Not doing so now devalues their property which of course hurts the decent landlords. Those who always extracted every last penny aren't doing too badly. Bear in mind there are still many who never wanted to be landlords, but were trapped by negative equity on their starter home. Now they've moved on, started families but are still weighed with a rental property noose around their necks.


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## Sarenco (17 Jul 2020)

Peanuts20 said:


> unless you have an unusually low historical rent, i struggle to have any sympathy for any landlord looking to increase their prices


The problem is that a large number of landlords are stuck with rents that are materially below market because of the way the RPZ regime was introduced and that significantly reduced the capital value of their asset (because a purchaser would also be stuck with that below market rent).


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## Boyd (17 Jul 2020)

moneymakeover said:


> Is it in a rent pressure zone?
> And if so subject to 4% annual increase?
> Even with the change in owner.


Yes it's in Dublin 1. I believe new owner did enough renovation work to circumvent/satisfy (depending on who you speak with!) the  4% cap.


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## AlbacoreA (17 Jul 2020)

Sarenco said:


> The problem is that a large number of landlords are stuck with rents that are materially below market because of the way the RPZ regime was introduced and that significantly reduced the capital value of their asset (because a purchaser would also be stuck with that below market rent).



The only solution to that is sell up and re-invest elsewhere. Which seems to be what is happening.


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## Sarenco (17 Jul 2020)

AlbacoreA said:


> The only solution to that is sell up and re-invest elsewhere


Well, you can't issue a notice of termination at the moment so that rules out exiting the business for the time being.

But you're right - landlords are voting with their feet and quitting the business in their droves.  In the long run, that is not to the advantage of tenants.


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## AlbacoreA (17 Jul 2020)

Only a matter of time.


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## elcato (17 Jul 2020)

Sarenco said:


> that significantly reduced the capital value of their asset (because a purchaser would also be stuck with that below market rent).


I hate to give fodder to the masses but only if the buyer is an investor as oppose to a home buyer.


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## Sarenco (17 Jul 2020)

elcato said:


> I hate to give fodder to the masses but only if the buyer is an investor as oppose to a home buyer.


I disagree.  

If you reduce the potential pool of purchasers, you ultimately reduce the market value of an asset.  If fewer potential purchasers are competing for an asset, its value will fall.


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## AlbacoreA (17 Jul 2020)

Basically at that point you've a decision. Drag the house up to the market rate over time. Or sell and buy another property with better rental income. 

Also a property on a low rent. Is likely to be an older house, so will you get any return from a refurbishment? You might be better putting money a refurbishment world cost into a better property, perhaps more modern with a higher rent..

Not that simple maybe. But food for thought.


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## Sarenco (20 Jul 2020)

On Thursday last, 16 July, the Minister for Housing announced that he intended to bring a memo to cabinet today to extend the moratoriums on rent increases and evictions that are due to expire today.

But the cabinet meeting scheduled to take place today has been postponed because the Taoiseach is stuck in Brussels.

So what happens now?

Will the Minister extend the moratoriums without cabinet approval or will he let the moratoriums lapse?


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## Sarenco (20 Jul 2020)

Ah, I see the IT are now reporting that an incorporeal cabinet meeting is likely to take place later today to approve a short extension -









						Rent freeze and ban on evictions extended until August 1st
					

Attorney General says the measures - set to lapse today - could be open to legal challenge




					www.google.ie


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## mikeyny (20 Jul 2020)

Rent freeze to End Aug 1.

New legislation proposed banning evictions until January next year.


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## martha (20 Jul 2020)

So would I be right in thinking landlords won't be able to give notice until 1st January?


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## Brendan Burgess (20 Jul 2020)

I will be discussing this with Eoin O'Broin on Newstalk Breakfast tomorrow at 8.05 

Brendan


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## Sarenco (20 Jul 2020)

martha said:


> So would I be right in thinking landlords won't be able to give notice until 1st January?


Who knows?

The whole thing is totally chaotic.

Not a good start from our new Minister for Housing.


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## Gordon Gekko (20 Jul 2020)

So if someone wants/needs to sell their property, they can’t?

Astonishing. Who’d want to be a landlord...


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## Sarenco (20 Jul 2020)

Rent freeze and eviction moratoriums extended to the end of the month.

Beyond that?  Who knows?

Farcical.








						Rent freeze and eviction ban extended to 1 August
					

The emergency measure mean tenants cannot be forced to leave a property, and rent increases are prohibited.




					www.thejournal.ie


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## Brendan Burgess (21 Jul 2020)

You can listen to Eoin O'Broin and me discussing it on Newstalk Breakfast here









						NEWSTALK BREAKFAST | Newstalk
					

Newstalk Breakfast brings you all the news you need to set you up for the day – from politics, ...




					www.newstalk.com
				




You lads have all been telling me porkies. If a tenant doesn't pay the rent, it only takes about 30 days to get them out.

Brendan


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## imalwayshappy (21 Jul 2020)

Peanuts20 said:


> Landlords costs have not gone up significantly in this period since there has been no change in mortgage rates, on that basis, what's the big deal around no increase in rent? When you look at some of the rents being charged for substandard properties in Dublin, it's hard to have any sympathy for landlords.



What about the decent Landlords who also get screwed? I have a good tenant who looks after my property, I am very lucky but I give him rent at 400 euro per month below the market rate. Once/if this area becomes a RPZ I will never be able to get back to market rents based on the 4% increase. Not all landlords are crooks.


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## Brendan Burgess (21 Jul 2020)

imalwayshappy said:


> Once/if this area becomes a RPZ I will never be able to get back to market rents



Would you not put the rent up to the market rent now? 

Brendan


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## Gordon Gekko (21 Jul 2020)

Increase it to market rent and then separately give him a €400 rebate.

Or increase it to market rent, he continues to pay that less €400, and you send him the occasional “angry email” chasing the arrears.

I did the latter. Then when my tenant moved out, I charged market rent plus 4% or whatever the correct number was.


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## imalwayshappy (21 Jul 2020)

Brendan Burgess said:


> Would you not put the rent up to the market rent now?
> 
> Brendan



The point here Brendan is why should I have to? Why can't I look after a decent tenant? I can of course do side agreements but why should I be penalised. If a tenant moves out *voluntarily* I should be able to set the rent at the market rate not based on the previous tenants rent, unless i am fundamentally wrong in my assumptions.


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## NoRegretsCoyote (21 Jul 2020)

imalwayshappy said:


> If a tenant moves out *voluntarily* I should be able to set the rent at the market rate not based on the previous tenants rent, unless i am fundamentally wrong in my assumptions.



This rule was introduced to prevent abuse in cases where rents were well below market levels. The fear was that landlords would pressure vulnerable tenants to leave so they could let the house again at market rates.

I am not saying I agree with it, but this was the logic.


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## Brendan Burgess (21 Jul 2020)

imalwayshappy said:


> The point here Brendan is why should I have to?



I agree wholeheartedly with you. You should not have to.

Good landlords should be allowed to treat good tenants well.

Brendan


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## Jenks72 (21 Jul 2020)

Hi Brendan, 
Have just registered on this site having heard Newstalk breakfast. I am I believe what is colloquially referred to as an 'accidental' landlord. I bought my parents house when they both passed away in 2017 and have it rented since August that year. I have been away from Ireland for 30+ years most recently I was in Australia.

I moved back home fully anticipating to be able to move back into the 'family' home having provided the tenant with a generous notice period. Due to the Covid 'emergency measures' I am now homeless, do you know if there are many in the same position and whether there has been any discussion with respect to a judicial review?

Thanks


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## Leo (21 Jul 2020)

Jenks72 said:


> do you know if there are many in the same position and whether there has been any discussion with respect to a judicial review?



Very difficult to say how many are in that position, but I doubt very much there will be any judicial review here. It would likely require someone with deep pockets to take a case against the state to get any movement on these measures.


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## Sarenco (21 Jul 2020)

Here's the Minister's press release - 

"Minister for Housing, Local Government and Heritage, Darragh O’Brien has confirmed today (20 July, 2020) that the rent freeze and eviction moratorium will be extended until August 1st.

The Minister said, “Following detailed discussions with the Attorney General and his office I have been advised that the need to restrict the movement of persons is increasingly at variance with the relaxations provided for in the roadmap for reopening society and business.

“I have obviously taken this advice on board and recommended a short extension under the existing emergency legislation to afford me the time to bring forward robust legislation that will provide real protection to tenants and property owners alike.

“The rent freeze and eviction moratorium were brought in under emergency legislation targeting all tenancies regardless of individual tenants’ circumstances. It is well known that they could not be extended indefinitely so it is important we have strong legislation, which combines targeting those who are most vulnerable with longer term measures to address rent arrears, in place prior to the Dáil recess. This legislation will be brought to cabinet on Thursday.

“I have said previously that any person who has lost their job as a result of the COVID-19 pandemic and is struggling to pay their rent may be eligible to apply for the rent supplement and I would encourage them to do so. 

“As outlined in the Programme for Government improving the standards, security and affordability for all renters is a key priority for this Government and is something I am totally committed to,” he concluded."


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## Brendan Burgess (21 Jul 2020)

Sarenco said:


> robust legislation that will provide real protection to tenants and property owners alike.



That is interesting. It would be the first time that property owners have been considered in such legislation.

Brendan


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## NoRegretsCoyote (21 Jul 2020)

Sarenco said:


> have strong legislation, which combines targeting those who are most vulnerable *with longer term measures to address rent arrears*



This also seems new.


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## Sarenco (21 Jul 2020)

The Minister is certainly making some bold claims about this new Bill (which presumably has already been drafted if it's going to cabinet on Thursday).

I guess we'll know soon enough.


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## Purple (21 Jul 2020)

Does anyone miss Eoghan Murphy yet?


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## QC_Mimi (23 Jul 2020)

Jenks72 said:


> Hi Brendan,
> Have just registered on this site having heard Newstalk breakfast. I am I believe what is colloquially referred to as an 'accidental' landlord. I bought my parents house when they both passed away in 2017 and have it rented since August that year. I have been away from Ireland for 30+ years most recently I was in Australia.
> 
> I moved back home fully anticipating to be able to move back into the 'family' home having provided the tenant with a generous notice period. Due to the Covid 'emergency measures' I am now homeless, do you know if there are many in the same position and whether there has been any discussion with respect to a judicial review?
> ...



I’m aware of a similar situation: couple whose marriage broke down badly, but they are ‘stuck’ sharing her house, as his house is still rented out... She wants him out, but he can’t give his tenants notice due to Covid, and he can’t afford to rent nor can declare himself legally homeless to claim HAP as he has a property in his name.


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## PaddyBloggit (26 Jul 2020)

Talks of it being extended to January 2021:

https://www.breakingnews.ie/ireland/ban-on-evictions-set-to-be-extended-until-january-1012342.html

They took it from the Sunday Business Post (which has restricted access):

[broken link removed]


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## Jenks72 (26 Jul 2020)

https://data.oireachtas.ie/ie/oireachtas/bill/2020/17/eng/initiated/b1720d.pdf


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## Sarenco (26 Jul 2020)

So the Bill, if enacted, will prohibit rent increases taking effect before 10 January 2021.

If the extension of the rent freeze under the existing emergency legislation was constitutionally suspect (as per the advice of the current and previous Attorneys General) how is this element of the new Bill constitutional?

Perhaps more importantly, what is the policy justification for this measure?

The RTB's own published figures show that market rents have fallen in recent months and the supply of rental properties has increased dramatically. If a tenant doesn't like a proposed rent increase, he has plenty of alternatives.


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## Sarenco (26 Jul 2020)

The current blanket ban on issuing termination notices comes to an end on 1 August 2020.

In its place, the new Bill contains provisions relating to notices of termination served on a tenant during the emergency period that cites as a reason for the termination concerned the failure by the tenant to pay an amount of rent due in respect of the tenancy of a dwelling.

So notices of termination citing other permitted reasons (e.g. requiring the property for own use, the landlord wants to sell the property, etc.) can all be legally issued from 1 August 2020 and notices already issued and "paused" under the existing emergency legislation can all take effect from 1 August 2020.


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## Sarenco (26 Jul 2020)

The Bill provides that a tenant can make a declaration to the RTB that they are genuinely unable to meet their rent obligations for certain stated reasons.

In such circumstances, the notice period for a notice of termination for failure to pay rent will be extended from the current 28 day period to 90 days and the termination cannot take effect before 11 January 2021.


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## Sarenco (27 Jul 2020)

I see the Minister is saying the rent freeze will only apply in respect of tenants that have self-declared as being impacted by COVID -








						New rent and eviction protections will only apply to those impacted by virus
					

The national rent freeze and ban on evictions will only apply to tenants who have been impacted...




					www.newstalk.com
				



That's not how I read the draft Bill and I would suggest that it needs to be amended if that's the intention.

As a practical matter, how is a landlord supposed to know whether or not his tenant has made a declaration?


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## Jenks72 (27 Jul 2020)

The next couple of weeks will be interesting in how (if?) this change is implemented. As you say, how is the landlord going to know if their tenant has 'self declared'? In my specific circumstances my tenant has paid the rent during covid, will be 'interesting' to see if there is a self declaration coming my way


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## Brendan Burgess (28 Jul 2020)

It's very hard to follow. 

Is this right?

1) A landlord cannot give notice to a tenant who has difficulty paying rent as a result of Covid until January 2021. 

2) However, a landlord can give the normal notice to a tenant for any other reason e.g. the sale of the property or the wish to use it for their family. 

3) Can a landlord issue the normal notice for a reason other than rent, if that tenant has self-declared to be affected by Covid? 

Brendan


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## Sarenco (28 Jul 2020)

@Brendan Burgess 

1)  A landlord can give notice of a rent increase but that rent increase cannot take effect before 11 January 2021 if the tenant has made the necessary declaration to the RTB.  How a landlord is to know that such a declaration has been made is unclear.

2)  Yes, that's correct.

3)  Yes, that's correct.


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## Thirsty (28 Jul 2020)

I'm thoroughly confused now?

Can I do my annual rent review / increase now to take effect in October (which is when I normally do it).

No issue with tenant/work/rent being paid, thankfully.


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## Jenks72 (28 Jul 2020)

That's the way I read it and in fact I had a conversation with a TD on Friday where he expressed that view. This appears to run contrary to opinion on another forum but I am going to 'test the water'


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## Sarenco (28 Jul 2020)

Thirsty said:


> Can I do my annual rent review / increase now to take effect in October (which is when I normally do it).


I don't see why not.

However, assuming the Bill becomes law, if your tenant subsequently makes a Covid-related declaration to the RTB, the increase won't take effect until 11 January 2021.


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## Sarenco (28 Jul 2020)

I should have added the caveat that the Bill may well be amended.

In my opinion, it's a very poorly constructed piece of legislation.


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## martha (28 Jul 2020)

Just wondering, if my tenant has difficulty paying rent, but I need to sell the property either way, can I give notice on 1st August (I need to sell the house wether they are paying rent or not). Thanks


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## Sarenco (28 Jul 2020)

martha said:


> Just wondering, if my tenant has difficulty paying rent, but I need to sell the property either way, can I give notice on 1st August (I need to sell the house wether they are paying rent or not). Thanks


Yes, as things stand, you can issue a notice of termination on that basis any time after 1 August 2020.

Be careful to comply with all the necessary formalities.


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## Thirsty (29 Jul 2020)

Sarenco said:


> I don't see why not.
> 
> However, assuming the Bill becomes law, if your tenant subsequently makes a Covid-related declaration to the RTB, the increase won't take effect until 11 January 2021.


Looks like it will be safer to wait until next year; too much messing around otherwise I think.


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## Silvius (29 Jul 2020)

Peanuts20 said:


> Landlords costs have not gone up significantly in this period since there has been no change in mortgage rates, on that basis, what's the big deal around no increase in rent? When you look at some of the rents being charged for substandard properties in Dublin, it's hard to have any sympathy for landlords.


There are other expenses besides mortage rates - cost of repairs and maintenance is going up all the time, management company costs are going up all the time for the same reason and because of rising insurance costs. Despite the popular opinion that all landlords are bad and greedy, some landlords have worked with good tenants by agreeing to keep rents below market rates and are now stuck with those low rents (despite rising costs) because of the way rent pressure zones were introduced.


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## Sarenco (29 Jul 2020)

Thirsty said:


> Looks like it will be safer to wait until next year; too much messing around otherwise I think.


I think that's probably sensible.


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## Sarenco (31 Jul 2020)

It was unclear in the Bill, as initiated, how a landlord would be aware that his tenant had filed a Covid-related declaration with the RTB.

The Minister inserted a new section in the Bill (which has now been passed by the Dail) to the effect that the declaration "shall be addressed to the person on whom it is required to be served by name..."

The drafting is appalling but I think the intention is that relevant tenants should serve a copy of the declaration on their landlord (in addition to filing it with the RTB).

How a tenant with literacy challenges is supposed to navigate this process is beyond me.


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## NoRegretsCoyote (1 Aug 2020)

Sarenco said:


> The drafting is appalling but I think the intention is that relevant tenants should serve a copy of the declaration on their landlord (in addition to filing it with the RTB).



Is there even a statutory obligation on a landlord to inform the tenant of his current address? Am not aware of one.


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## Sarenco (1 Aug 2020)

NoRegretsCoyote said:


> Is there even a statutory obligation on a landlord to inform the tenant of his current address? Am not aware of one.


There is a legal obligation on landlords to provide to the tenant particulars of the means by which the tenant may, at all reasonable times, contact him or her or his or her authorised agent,

But you're right - there is no legal obligation on a landlord to inform the tenant of an address for service of notice.


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## Dermot (11 Aug 2020)

Could some one please advise me as I have been in and out of Hospital quite a bit over the last 5 months or so following a life changing event and find it difficult to follow the recent changes.  
I have 4 properties are that due for a rent review and currently well below market rent.  3 of them are in RAS agreements.  A rent review notice has been served over 90 days at the moment on the Co.Co..  Am I entitled to a rent increase at the moment for them.  Neither of them are in a RPZ and the review time had expired at the time the notice was served.

In the other case the rent freeze had taken effect a few days before the rent increase was due to take effect.  It is in a RPZ and currently rent is way under market rent as is the proposed new rent.
All the notices are done in the proper manner.  Sorry to bother anyone.


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## Thirsty (12 Aug 2020)

Very sorry to hear you've not been well.  Best wishes for a speedy recovery.

From what I understand you can notify your tenant of the rent increase but it won't take effect until Jan 2021, and not even then if they have notified the RTB that they were impacted by Covid.

It's very messy in my view.

I made the decision not to do rent reviews until next spring, when things should hopefully be a bit clearer.


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## Sarenco (12 Aug 2020)

Dermot said:


> In the other case the rent freeze had taken effect a few days before the rent increase was due to take effect


In that case, the "paused" rent increase took effect from 1 August 2020.

The Residential Tenancies and Valuations Act 2020 provides that a rent increase cannot take effect before 11 January 2020 if the tenant has made the necessary COVID-related declaration to the RTB and has served a copy on you (which I assume is not the case here).

If I was you, I would write to the relevant tenant advising them that the previously notified rent increase that was "paused" by the Emergency Measures in the Public Interest (Covid-19) Act 2020 is now effective.

I'm not familiar with RAS but the same principles should apply.


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