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Residential Tenancies Act 2010

The Residential Tenancies Act 2010 has been passed through Parliament last week. The Act is not yet law; it will come into effect later in the year, after the necessary supporting regulations have been made. Until this happens the existing laws continue to apply.

What are the main objectives of the Act?
    The Act aims to:
  • Fairly balance the rights and obligations of tenants and landlords.
  • Modernise and update the law in line with current practices.
  • Reduce the level of disputes, by providing greater clarity and certainty in the legislation.


    • What are the main reforms in the Act?

     ‘No grounds’ termination notices

    The Act increases the notice given to tenants who are no longer in a fixed term lease from 60 days to 90 days. It also gives landlords certainty of recovering possession through the Tribunal where a tenant does not move out in accordance with a ‘no grounds’ notice.

    Rent arrears evictions

    The Act will shorten the time it takes for a landlord to get their application heard by the Tribunal where the tenant is behind in rent. It also gives a guarantee to tenants that their tenancy can continue if their rent arrears are paid or if they follow an agreed repayment plan.

    Goods left behind

    The Act will streamline procedures and reduce costs for landlords when dealing with goods left behind when a tenant vacates. At the same time, it introduces more practical methods to help tenants retrieve their goods and personal papers.

    Sale of rented premises

    The Act requires the tenant to be told before a rental property is placed on the market. It obliges the selling agent to make reasonable efforts to agree with the tenant on the days and times the premises will be available for inspection. Two inspection periods each week are provided in the Act, and the parties can negotiate if more access is required.

    Alterations

    The Act gives tenants greater flexibility to add fixtures or make minor alterations at their own expense, provided they obtain the landlord’s consent.Landlords can refuse such requests and may seek compensation where the work is not done to a satisfactory standard or will impact on the ability of the premises to be rented in the future.

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