Lawyers at Mason Hayes & Curran (MHC) have said that the impact of new legislation protecting tenants will still be substantial, even though it is not as far-reaching as the Emergency Measures Act it has replaced.

The Residential Tenancies and Valuation Act 2020 came into force on 1 August. It is designed mainly to protect tenants financially impacted by COVID-19 until 10 January 2021.

In a blog on their website, the MHC lawyers say landlords and tenants who may be affected should examine the new act carefully.

Rent-increase restrictions

The new law extends restrictions on rent increases and evictions up to 10 January 2021, but only in limited circumstances, and only for tenants financially impacted by COVID-19.

The act provides protections to tenants who are, or have been, on COVID-19 illness benefit at any time between 9 March 2020 and 10 January 2021, or have received the temporary wage subsidy or any other Government payment related to COVID-19 during any part of that period, and are, as a result, unable to pay rent.

To be protected, tenants declare their status as a ‘relevant person’ under the legislation to the Residential Tenancies Board, and send a copy of this declaration to their landlord. It will be a criminal offence for a tenant to make a false declaration.

Blanket-ban repeal

The new law also repeals the blanket ban on evictions contained in the Emergency Measures Act and replaces it with more limited restrictions.

“It was unclear if this blanket ban extended to commercial tenancies, but the repeal of the law makes it clear that there is now no ban on evictions in the context of commercial property,” the MHC lawyers say. 

They add that landlords of commercial property will welcome the clarity the legislation brings to this issue.