Temp Suspension on Residential Evictions during Level 5 Restrictions

 

Temporary Suspension on Residential Evictions during Level 5 Covid-19 Restrictions

 

The Residential Tenancies Act 2020 (RTA 2020) temporarily prevents the eviction of residential tenants from taking place during level 5 restrictions. The Act was signed into law on the 24th of October to reduce the impact of the pandemic and restrictions on residential tenants.

The RTA 2020 amends the Residential Tenancies Act 2004-2020, to prevent residential notices of termination from taking effect during:

  • the 6-week period of Level 5 restrictions which commenced at midnight 21 October 2020: and
  • any other period during which a 5-kilometre restriction on movement is in place (i.e. future level 5 restrictions),

plus, a further 10 day “grace period” period following the lifting of restrictions to give tenants time to find alternative accommodation.

Therefore, where a residential notice of termination has been served before or during Level 5 restrictions, the date which tenants must vacate the premises (termination date) will be suspended by law for the duration of Level 5 restrictions and an additional 10 days following the lifting of Level 5 restrictions.

The revised termination date may be calculated as follows:

The amount of time left to run on the termination notice + the period of Level 5 restrictions + 10 days = revised termination date. 

Exceptions:

There are a number of exceptional circumstances in which a residential landlord may serve a valid notice of termination on tenants during Level 5 restrictions. These are in circumstances of:

  1. anti-social behaviour;
  2. a tenant acting in a way that would invalidate a house insurance policy;
  3. a tenant acting in a way that would cause substantial damage to the accommodation; and/or
  4. a tenant using the accommodation for commercial or other non-residential purposes.

If any of the above four reasons apply, the date of termination will not be suspended and the eviction can proceed in the normal way, at the end of the termination notice period.

If you have any queries in relation to this article or any other property related matter, please do not hesitate to contact any of our Solicitors on 01 296 0666.