Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…Today, Ciara O’Gorman, Development Manager with South Munster Citizens Information Service looks at changes to rental law in Ireland that updated rules for the private rented sector in relation to rent increases, security of tenure and ending a tenancy.
“The new rules apply to new tenancies created from 1 March 2026. The rules are set out in the Residential Tenancies (Miscellaneous Provisions) Act 2026. Tenancies created before this date are not affected by the new rules.”
What types of tenancies do the new rules apply to?
The new rules apply to new tenancies created on or after 1 March 2026 in:
• Private rented housing – including tenancies supported by the Housing Assistance Payment (HAP) or Rental Accommodation Scheme (RAS)
• Student-specific accommodation
• Approved housing body (AHB) housing
• Cost rental housing
However, the rent increase rules do not apply to AHB or cost rental housing and they are slightly different for tenancies in student-specific accommodation.
Types of tenancies the new rules do not apply to
The new rules do not apply to tenancies created before 1 March 2026. They also do not apply to:
• Local authority tenancies
• Tenants who share accommodation with their landlord, for example, if you’re renting a room in a landlord’s home.
Continued below…
Rent increases
“As before, rent increases for most tenancies are capped in line with the rate of general inflation or 2% a year, whichever is lower. This applies nationwide. So, for example, if a landlord reviews the rent every year and the rate of general inflation is 1.5%, then the rent can only be increased by a maximum of 1.5%. However, if the rate of general inflation is 3%, the rent can only be increased by a maximum of 2%.
Since 1 March 2026, the Consumer Price Index (CPI) is used as the measure of inflation for all tenancies (new and existing). The CPI tracks how the cost-of-living changes over time.”
Situations where the 2% cap does not apply
“Since 1 March 2026, the 2% cap on annual rent increases does not apply to:
• Newly built apartments
• New student-specific accommodation
Rent increases in these new developments is only capped by the Consumer Price Index, the 2% cap does not apply to them.
To qualify as a new development, the development must have a commencement notice on or after 10 June 2025.”
When can a landlord re-set the rent?
For tenancies created on or after 1 March 2026, landlords can review the rent each year. Any increase to rent must be within the limits for rent increases. From 1 March 2026, if a new tenancy is created, a landlord can re-set the rent to market value, if the previous rent was below market value and:
• The tenant leaves the tenancy voluntarily
• The tenant breaks their obligations
• The home no longer meets the tenant’s needs, for example, because it is too small
• The 6-year tenancy of minimum duration ends for a private rented tenancy
• 3-years has passed for tenancies in student-specific accommodation
• The property is a protected structure or proposed protected structure that has not been let in the previous year
• The property is not a protected structure and has not been rented out at any time in the previous 2 years
• The property had been substantially changed.
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Protections against ‘no-fault evictions’
“Landlords are not allowed to re-set the rent after a ‘no fault eviction’. A ‘no fault eviction’ is when a landlord ends a tenancy even though the tenant hasn’t done anything wrong” advises Ciara. “This is to prevent landlords evicting a tenant so they can increase the rent.”
How does a landlord re-set the rent?
“When a landlord re-sets the rent for a new tenancy created after 28 February 2026, they must explain to the tenant and the RTB how they calculated the new rent they want to charge. The rent must align with market rent for the area and for the type of property.
Market rent is determined by using the RTB rent register. This register contains the most recent comparable rents for properties in the same area with similar floor area, number of bedrooms and bed spaces and Building Energy Rating (BER).
Notice about re-setting the rent
When re-setting the rent, the landlord must send a notice of the new rent to their tenant and the RTB on the same day. The notice should include:
• How much the rent was for the last tenancy at the property
• The date the rent was last set for the last tenancy at the property
• The RTB’s registration number for the last tenancy at the property
• How the new rent has been calculated and that this calculation aligns with the market rent for similar properties in the area
• The rent and RTB registration numbers for 3 rental properties that are like the property being rented. They should be in a similar area and have comparable floor area, bedrooms, character, and Building Energy Rating (BER). This information should be taken from the new RTB rent register.
It is an offence for a landlord to break these rules and the RTB can investigate and sanction landlords, if they do” warns Ciara.
Security of tenure
From 1 March 2026, all new tenancies become Tenancies of Minimum Duration (TMD). A tenancy of minimum duration will last for 6 years. It will then be renewed for another 6 years and will continue in 6-year cycles.
If a tenancy is created on or after 1 March 2026, it automatically becomes a TMD when a tenant has rented the accommodation for 6 months without getting a valid notice of termination.
Ending a tenancy
If a tenancy is created on or after 1 March 2026, a landlord can only end a tenancy for certain reasons. These reasons depend on:
• If the landlord is a ‘larger landlord or company’ or a ‘smaller landlord’
• How long the tenant has been living there.
Is my landlord a smaller or larger landlord?
This depends on how many tenancies your landlord has or if they are a registered company.
• A larger landlord has 4 or more tenancies
• A smaller landlord has 3 or fewer tenancies
Registered companies are classified as larger landlords, even if they have 3 or less tenancies.
If a landlord has a property which contains 4 or more tenancies, they will be considered a larger landlord.
Rules for larger landlords
Larger landlords can only end a tenancy of minimum duration (TMD) if:
• The tenants are not meeting their obligations, such as paying rent
• The property is no longer suitable, for example, the property is now too small for a family, or is not accessible.
Larger landlords can no longer end a tenancy because they want to:
• Sell the property (though they can still sell it once the tenants remain living there)
• Move in themselves
• Move in a family member
• Renovate the property
• Change the use of the property.
Rules for smaller landlords
Smaller landlords can only end the tenancy during the 6-year period of a TMD if:
• The tenant is not meeting their obligations, such as paying the rent
• The property is no longer suitable for the tenant, for example, the property is now too small for a family or is not accessible
• The landlord is experiencing hardship, for example, because of a separation, homelessness, bankruptcy or after returning to Ireland from abroad
• The landlord needs the property for themselves or an immediate family member to live in. In this situation immediate family members can be, the landlord’s spouse, civil partner, child, stepchild, foster child, adopted child, parent, step-parent or parent in-law.
After the 6-year period, smaller landlords can end a tenancy for these other reasons:
• They intend to sell the property
• They are substantially refurbishing or renovating the property
• They need the property for themselves or a family member to use. In this situation, a family member can be the landlord’s spouse, civil partner, child, stepchild, foster child, adopted child, parent, step-parent or parent in-law, grandchild, grandparent, brother, sister, nephew or niece.
• They are changing the use of the property.
Requirements for smaller landlords ending a tenancy of minimum duration
If a smaller landlord ends a tenancy during or at the end of a TMD, they may have to make certain statutory declarations. Statutory declarations are signed statements that information is true or accurate.
Smaller landlords need to make these declarations if they are ending a tenancy of minimum duration because they:
• Are selling the property due to hardship during a TMD
• Need the property for themselves or an immediate family member to move into during a TMD
• Are renovating the property at the end of a TMD
• Are changing the use of the property at the end of a TMD
The statutory declaration must state that on the day the notice of termination is served, the landlord is 1) not a company and 2) does not have more than 3 tenancies.
The landlord may need to make statutory declarations or statements confirming the reason they are ending the tenancy.
For example, if they are selling the property during a TMD to avoid hardship, they need to declare that they are doing this for one of the accepted reasons.
If a tenant wants to end the tenancy
Tenants are not tied to the 6-year contract. Tenants can end their tenancy at any time by giving their landlord:
• A written notice of termination
• The right amount of notice.
Other Changes
“There are some other changes to the rules for renting outlined in the legislation” advises Ciara.
Sending notices electronically
You can now send notices electronically. For example, a landlord can send a notice of termination to their tenant by email. Any notices must be sent to a contact point used by the other person, for example, their email address or number.
The electronic system you use must record that the notice has been sent. Previously, before 1 March 2026, you could only send a notice of termination by post, by leaving it at the address, or by giving it to the person.
Access to rented accommodation for viewings
Tenants must allow their landlord and certain other people access to the rented property, if they want to inspect it because the landlord is selling it. The landlord must agree a date and time for this in advance with the tenant.
Rent register
The Residential Tenancies Board (RTB) maintains a rent register that publishes the rent and other details for rented properties. This rent register allows landlords to set rents to the market rent for their area by comparing their property to similar rented properties.
Registering a tenancy
Landlords have to give the RTB additional information about their rented property when registering a tenancy. For example, they have to give the number of bed spaces, floor area and BER. This is to help maintain the new rent register.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
