Following on from our earlier briefing on the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026, there has been a further development in the implementation of the Act.
When we last wrote, two sets of changes – expanded High Court powers and strengthened District Court enforcement of Residential Tenancies Board (“RTB”) determination orders – were waiting on a further commencement order before they could take effect.
That order has now been made. With one exception, the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (Commencement) (No. 3) Order 2026 (S.I. No. 497 of 2026) (PDF, 149KB) has brought all the remaining provisions of Part 5 of the Act into force from 25 September 2026. This includes:
- the High Court’s expanded powers to direct compliance with, vary or cancel RTB determination orders, and to make interim orders during an appeal, including extending the appeal deadline in appropriate cases
- amendments to District Court enforcement of RTB determination orders
- amendments to the RTB’s powers of entry and inspection to enforce registration requirements (subject to a warrant where a private dwelling is involved)
Following these commencements, only one provision of Part 5 of the Act remains outstanding. Section 40, which amends tenancy tribunal composition rules that have not yet been commenced under the Planning and Development (Housing) and Residential Tenancies Act 2016, will come into operation when those provisions are commenced. No commencement date has been specified.
What this means for you
The enhanced enforcement regime under the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 is now almost fully operational. If you manage residential tenancies, it is an important time to make sure registration, notice and compliance practices are in order.
For further information, please contact a member of our Real Estate Group.
