Rent Freeze To Be Extended Beyond 20 July

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.
 
Brendan Burgess said:
Would you not put the rent up to the market rent now?

Brendan
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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.
 
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.
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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.
 
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
 
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?
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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.
 
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."
 
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.
 

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.
 
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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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.
 
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.
 
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?
 
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
 
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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