People served with 'no fault' tenancy terminations cannot be evicted until 2023 - O'Brien

A temporary pause on 'no fault' tenancy terminations has been approved by Cabinet. 

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022 will defer 'no fault' tenancy terminations due to occur during the coming winter months from taking effect until after March 31 2023. 

Speaking about the decision, the Minister for Housing, Local Government and Heritage, Darragh O'Brien, said, "The government is very aware of the increasing pressure on homeless services, the limited supply in the rental market and the struggles people are facing over the coming winter months. 

"This temporary measure will protect renters who are facing homelessness by deferring any ‘no fault’ tenancy terminations from taking place this winter." 

However, terminations can still be extended to tenants who choose not to pay rent or are in breach of other tenant obligations. 

Minister O'Brien continued: "We are also conscious of the impact of such measures on landlords, particularly our smaller or ‘accidental’ landlords and that is why we are ensuring that where a tenant wilfully withholds rent or engages in anti-social or criminal behaviour they will not be protected by this legislation. 

"We will continue with the implementation of Housing for All and significantly increasing the supply of housing in this country. While this emergency measure is necessary and will provide assistance in the short term, the long term answer to our accommodation challenges remains an increased and sustainable supply of new housing." 

According to the Department, any person who has had a valid ‘no fault’ notice of termination served before the winter emergency period will not have their tenancy terminated during this period. 

The legislation will also cover licences/tenancies in student specific accommodation and student tenancies in the general rental market. 

Notices of termination will take effect on April 1 2023 on a phased basis.