Changes to tenancy agreements – June 2022

On 11 June 2022, the law regarding tenancies in Ireland changed to provide more protections for tenants, in particular those in the private rental sector. All tenancies created on or after 11 June 2022 will become tenancies of unlimited duration after the tenant has been in continuous occupation for six months, and where no notice of termination has been served.

What does ‘tenancy of unlimited duration’ mean?

A tenancy of unlimited duration gives the tenant more protection from their tenancy being terminated. Previously, a landlord could terminate a tenancy without reason after the protected 6-year period of a tenancy had passed. The new law extends this protected period indefinitely i.e. with no set end date.

How is this different to before?

The new law provides more security to tenants, in particular those in the private rental sector. But, in reality, very little has changed for Clúid tenants – Clúid has never terminated a tenancy without reason. Clúid has always wanted our tenants to feel settled and stable in their ‘forever home’. As a Clúid tenant, you will not notice any difference under the new law.

Does this mean I cannot be evicted?

No. A tenancy of unlimited duration means that a landlord cannot terminate the tenancy without reason. Under the new changes to the law, as under the previous laws, a landlord can still lawfully terminate a tenancy for a number of reasons, including:

• If the tenant does not comply with the obligations set out in their tenancy agreement e.g. if they aren’t paying their rent or are engaged in anti-social behaviour.
• If the property is no longer suitable for the needs of the tenant e.g. if the household has grown or has new accessibility requirements.
• If the landlord intends to substantially refurbish the property.

I still have some time remaining on my tenancy agreement. How does the change affect me?

When your current tenancy is due to be continued (this typically happens every six years), the tenancy will automatically become a tenancy of unlimited duration. Depending on when your tenancy started, this could take up to six years. In the meantime, you will be protected by the pre-existing laws, and Clúid’s commitment to providing long-term, secure homes. This means that Clúid cannot terminate your tenancy without reason.

When will my tenancy become a tenancy of unlimited duration? Do I need to do anything to change it?

When your tenancy becomes a tenancy of unlimited duration depends on when your tenancy agreement began. For instance, if you signed a new tenancy agreement on 1 June 2022, your tenancy would become one of unlimited duration on 1 June 2028; if you signed your new tenancy agreement on 3 December 2020, your tenancy would become one of unlimited duration on 3 December 2026.

You do not need to do anything – your tenancy will automatically become one of unlimited duration when it continues after the 6-year protected period.

Are Clúid tenants with agreements signed on or after 11 June 2022 better protected than those with older tenancy agreements?

No. Clúid tenants with tenancy agreements dated before 11 June 2022 are still protected under pre-existing law – Clúid cannot terminate a tenancy without reason.

I am a cost rental tenant, does this apply to me too?

Yes. The law applies to all forms of tenancy, including social tenants and cost rental tenants.

I signed my tenancy agreement after 11 June 2022, but it does not say anything about unlimited duration.

Don’t worry – unlimited duration still applies to you. Our tenancy agreement documents will be updated in due course, but the changes still apply to you, even if they are not written in the tenancy agreement.