Residential Tenancy Reforms
Key Differences: Pre & Post 1 March 2026 Tenancies
Based on the Residential Tenancies (Miscellaneous Provisions) Bill 2026 [No. 11 of 2026] — As Initiated, 3 February 2026
The Residential Tenancies (Miscellaneous Provisions) Bill 2026 was published on 3 February 2026 and introduces significant reforms for new tenancies created on or after 1 March 2026. Existing tenancies (in place before that date) will continue under the current Part 4 / Tenancy of Unlimited Duration regime. This document summarises the key differences based on the Bill as initiated. Section references are to the Bill unless otherwise stated.
Important: This Bill has not yet been enacted. It must pass through the Oireachtas and be signed by the President. The final Act may contain differences from what is outlined below.
| Topic | Pre 1 March 2026 (Existing Tenancies) | Post 1 March 2026 (New Tenancies) |
|---|---|---|
| Tenure & Landlord Classification | ||
| Security of Tenure | Part 4 tenancy / Tenancy of Unlimited Duration. Recurring 6-year cycles under existing Part 4 regime. | Tenancy of Minimum Duration (TMD). Rolling 6-year minimum terms. Automatically applies after tenant is in situ for 6 months without a valid notice of termination. (s.35B) |
| Landlord Classification | No distinction between landlord sizes. Same rules apply to all landlords. |
New two-tier system:
|
| Tenant Verification of Landlord Status | No formal mechanism for tenants to verify how many tenancies a landlord has. | Tenants can apply to the RTB to confirm whether their landlord was registered as having 3 or fewer tenancies (i.e. a 'smaller landlord') on the date a notice of termination was served. (s.132(1A)) |
| Rent Setting, Increases & Reviews | ||
| Rent Setting at Start of Tenancy | Rent must comply with RPZ rules (where applicable). Limited ability to reset to market rate between tenancies. | Landlords can set rent at market rate for new tenancies, provided the previous tenant left voluntarily or breached obligations. No rent reset allowed after a 'no fault' eviction. (s.19(5)) |
| Rent Increases During Tenancy | Capped at HICP or 2% per annum, whichever is lower (RPZ rules extended nationwide). | Capped at CPI or 2% per annum, whichever is lower. Note: Index changed from HICP to CPI. Exception: New apartment developments (commencement notice after 9 June 2025) — capped at CPI only, the 2% cap does not apply. (s.19(4)(aa)) |
| Rent Reset Between Tenancies | Limited. Rent generally carries forward under RPZ rules. |
Permitted to market rate at the end of each 6-year TMD cycle, provided no 'no fault' eviction has occurred.
For student-specific accommodation: rent reset permitted after 3 years (tenancies created before 1 March 2029). (s.19(5)(aa)–(ac)) |
| Rent Review Notice Requirements | Landlords in RPZs must serve a prescribed rent review notice on the tenant showing how the new rent was calculated, the previous rent, the date it was last set, and comparable letting values of 3 similar dwellings. A copy must be served on the RTB on the same day. |
Enhanced requirements. Rent review notice must now reference:
|
| Improper Rent Setting — Now a Criminal Offence | Non-compliance with rent review procedures could be challenged at the RTB but was not a criminal offence. | It is now a criminal offence for a landlord to set a rent pursuant to a review other than in accordance with the prescribed notice requirements under s.22. (s.22(4) & Sch. 2) |
| Inflation Index | Rent increases calculated using the Harmonised Index of Consumer Prices (HICP). | Changed to the All Items Consumer Price Index (CPI), compiled by the CSO. RTB must establish and maintain a rent increase calculator using CPI. (s.19(7)) |
| Termination of Tenancies | ||
| Termination Grounds — Smaller Landlords (≤3 tenancies) |
Can terminate on standard grounds:
|
During the 6-year TMD:
|
| Termination Grounds — Larger Landlords (≥4 tenancies / companies) | Same grounds as smaller landlords — no distinction under current rules. |
Significantly restricted at all times:
|
| Financial Hardship — Defined in Legislation | No statutory definition of financial hardship in the context of termination. |
The Bill defines specific grounds a smaller landlord must prove to the RTB's satisfaction:
|
| Family Member — Narrower Definition During TMD | Broad definition includes: spouse, civil partner, child, stepchild, foster child, grandchild, parent, grandparent, step parent, parent-in-law, brother, sister, nephew, niece, or adopted person. |
During a TMD (smaller landlords): Narrowed to spouse, civil partner, child, stepchild, foster child, parent, step parent, parent-in-law, or adopted person only.
After TMD expiry: Broader definition (as per current rules) applies again. (s.35(4)) |
| Statutory Declaration Required | A statement is required to accompany notices on grounds of refurbishment or change of use. | For termination on grounds of refurbishment (para 5) or change of use (para 6), a statutory declaration is now required in addition to the statement, confirming the landlord is not a company and has 3 or fewer tenancies. (s.34, s.35(10A)) |
| No Fault Evictions | Permitted on standard grounds (sale, renovation, family use, change of use) with proper notice. |
|
| Sale of Property | Landlord can sell with vacant possession by serving a valid notice of termination on grounds of sale. |
|
| Notices, Service & Procedures | ||
| Service of Notices — Email Now Permitted | Notices must be served by hand delivery or by post (ordinary pre-paid or registered). |
New method of service added: notices may now be served by email or other electronic means, provided:
|
| RTB Registration & Notice Copies | Tenancies must be registered with the RTB. Copies of all notices of termination must be served on the RTB on the same day as on the tenant, or the notice is invalid. | Same requirement continues. Additionally, the RTB must notify the tenant in writing of their rights and the time limits for referring disputes upon receiving a copy of the notice. Also applies to rent review notices under s.22. (s.62(1A)–(1B)) |
| Termination of Pre-Part 4 Tenancies (First 6 Months) | No obligation on landlords to state a reason for termination of tenancies where Part 4 does not yet apply. |
For new tenancies where Part 4 does not yet apply (i.e. first 6 months), landlords must now state a reason for termination, categorised as:
|
| Tenant's Right to End Tenancy | Tenants can end at any time with required notice period (28–224 days depending on tenancy duration). | Tenants can end their tenancy at any time with required written notice. Not tied to a 6-year contract. Notice periods range from 28 to 112 days depending on duration. (s.35B does not restrict tenants) |
| Tenant Obligations | ||
| Access for Viewings — Sale of Property | No specific statutory obligation on tenants to allow viewings by prospective purchasers. |
New tenant obligation: where a landlord intends to sell, the tenant must allow access at reasonable intervals to:
|
| Disclosure, Registration & Data Sharing | ||
| Rental History & Rent Disclosure at Start of Tenancy | Landlords in RPZs must provide tenants with a written calculation showing how the new rent was determined, with reference to RPZ guidelines. Includes the previous rent, the date it was last set, and the formula used. |
Expanded obligation. At commencement of the tenancy, landlords must furnish the tenant and the RTB with:
|
| Rent Price Register | No public rent register for individual tenancies. |
New Rent Price Register to be published. Will include:
|
| RTB Register — Additional Data | Register records basic tenancy and dwelling information. |
Register must now also include:
|
| RTB Data Sharing with Revenue & SEAI | Limited data-sharing provisions between RTB and other State bodies. |
Significantly expanded:
|
| Short-Term Letting | ||
| Short-Term Letting — Planning | Short-term letting of a 'house or part of a house' is a material change of use requiring planning permission. | Definition expanded to include 'units' (per EU Regulation 2024/1028). Short-term letting now explicitly defined as letting for ≤21 consecutive nights on a professional or non-professional basis. Covers both tenancies and licences. (s.3A of PDA 2000, s.8 of PDA 2024) |
Key Takeaways for Landlords
- Know your classification — Whether you are a 'smaller' (≤3 tenancies, not a company) or 'larger' (≥4 tenancies or a company) landlord determines which termination rules apply. Tenants can now verify this with the RTB.
- Existing tenancies are unaffected — The new TMD rules only apply to tenancies created on or after 1 March 2026. Current tenancies continue under the existing Part 4 regime.
- Rent resets are possible — Between tenancies and at the end of each 6-year TMD cycle, landlords can reset to market rent, provided there has been no 'no fault' eviction.
- Improper rent setting is now a criminal offence — Setting rent via a review without following the prescribed s.22 notice procedure is an offence under the Bill.
- Notices can now be served by email — Electronic service is permitted for the first time, provided the email address is one used by the recipient and a system record of sending exists.
- Tenants must allow viewings for sale — Where a landlord intends to sell, tenants are now obliged to allow access for inspections at reasonable intervals, on dates agreed in advance.
- Financial hardship is now defined — Smaller landlords seeking to terminate for sale during a TMD must satisfy specific financial hardship criteria to the RTB's satisfaction, including insolvency, need for a PPR, or a legally required debt payment.
- Expanded disclosure obligations — At the start of a tenancy, landlords must provide detailed rental history including RTB registration numbers and comparable rents from the published register. Rent review notices must now include floor area and BER.
- RTB data sharing with Revenue significantly expanded — Revenue can request PPS numbers, rent amounts, and tenancy data. The RTB can proactively disclose information about unregistered tenancies and sanctions.
- Selling with tenant in situ — All landlords retain the right to sell a property with a tenant in place at any time.
For further information or advice specific to your property, please contact the Haines lettings team.