The Residential Tenancies (No.2) Act 2021 (RTA(2) 2021 is now law
The RTA(2) 2021:
- extends the rent arrears protections in Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) until 12 January 2022;
- restricts any rent increase in an RPZ from exceeding general inflation, as recorded by Harmonised Index of the Consumer Price (HICP);
- limits the amount of rent in advance and/or a deposit that landlords can ask people to pay to secure a tenancy; and
- provides that students do not have to give more than 28 days’ notice to terminate their rental arrangement.
Section 6 provides that any rent increase in an RPZ cannot exceed general inflation, as recorded by Harmonised Index of the Consumer Price (HICP) and to be published in the RTB HICP Table on www.rtb.ie. Accordingly, any valid notice of rent review now served in relation to a tenancy in a Rent Pressure Zone cannot provide for a rent increase that exceeds any inflation, as recorded by the Harmonised Index of Consumer Prices, since the last rent setting. The imposition of any rent increase remains subject to any new rent set not exceeding the market rent for that tenancy.
Any valid notice of rent review in a Rent Pressure Zone served prior to 16th July can give effect to a rent increase of up to 4% p.a., again subject to not exceeding market rent.