Amendments to Residential Tenancies Legislation

The Private Residential Tenancies Board (PRTB) has published new example notices of termination for landlords and tenants wishing to end a tenancy.

NEW AMENDMENTS TO THE LEGISLATION EFFECTIVE FROM 1ST MARCH 2016

1.       Terminating a tenancy for non payment of rent.

  • Change:  The process for terminating a tenancy for non payment of rent has been reduced from 3 to 2 steps.  Step 1:  Notice must be served informing the tenant that an amount of rent is due and giving 14 days to pay those rent arrears.  Step 2:  If the tenant fails to pay the rent due within 14 days of receipt of the notice the landlord may serve a valid Notice of Termination giving 28 days notice.

2.       Cooling off Period for agreements.

  • Change:  Where an agreement is reached at mediation and adjudication, the cooling off period has been reduced from 21 days to 10 days.  This 10 days commences on the day the agreement is reached.

3.       Costs and Expenses awards to Parties in Dispute Resolution is limited to €1,000.  Legal or Professional Costs are limited to €5,000.

  • Change:  Where Dispute resolution is sought, a mediator, adjudicator or the Tribunal are limited to awarding maximum costs of €1,000.  The words ‘costs’ and ‘expenses’ here include costs and expenses relating to travelling and attendance at a hearing and those incurred in preparation of a case.  The awarding of such costs is discretionary and where sought, should be supported by documentary evidence.  For the avoidance of doubt, preparation costs do not include legal costs referred to in Section 5(3)(a) of the 2004 Act.
  • Change:  Where Dispute resolution is sought, a mediator, adjudicator or the Tribunal are limited to awarding maximum costs of €1,000.  The words ‘costs’ and ‘expenses’ here include costs and expenses relating to travelling and attendance at a hearing and those incurred in preparation of a case.  The awarding of such costs is discretionary and where sought, should be supported by documentary evidence.  For the avoidance of doubt, preparation costs do not include legal costs referred to in Section 5(3)(a) of the 2004 Act.

4.       Tribunal notice period.

  • Change: The Tribunal hearing notice period is currently 21 days.  However, this time period may be reduced by the Board where a party indicates that there is financial or other hardship.  The Board has discretion in this regard.

5.       Dispute Resolution CommitteeChanges.

  • The Dispute Resolution Committee (Tribunal panel) has increased to 45 member.  PRTB Board members, excluding the Chairperson of the PRTB, may no longer sit as members of the Dispute Resolution Committee.

6.        PRTB Board of Directors.

  • Changes: PRTB Board Membership has been reduced from a maximum of 15 to a maximum of 12.  The quorum for Board meetings has reduced from 5 to 4 members.

from: http://www.prtb.ie/search-results/news/article/2016/03/04/new-amendments-to-the-legislation-effective-from-1st-march-2016

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