It has been a year of immense change for the residential rental sector in Ireland. The Residential Tenancies (Miscellaneous Provisions) Act 2026 has had a substantive positive impact on the investment market since it came into effect on 1 March 2026. At the time of its enactment, further changes were signposted as coming down the tracks, aimed at driving and supporting compliance with the Residential Tenancies Acts 2004 to 2026 (the “RTA”) generally. The Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (PDF, 575 KB) enacted on 23 July 2026 (the “second Act”), implements those further changes. The second Act does not alter the measures that came into effect on 1 March 2026. Instead, it changes certain rules for day-to-day compliance and for enforcement. The majority of the provisions of the second Act took effect on 14 September 2026. For landlords, and managers and operators of residential portfolios, it is important to be informed of the changes to ensure full compliance with the legislation. 

Operation and management

Changes to rules for serving notices

For day-to-day compliance, the following changes to notice requirements are helpful and important to reflect in operational procedures and management trackers:

• Landlords have one month from the commencement of the tenancy to provide a copy to the Residential Tenancies Board (the “RTB”) of the rent-setting notice that is required to be given to tenants at the commencement of tenancies first created on or after 1 March 2026. Previously the notice had to be copied to the RTB at the commencement of the tenancy. A failure in providing this notice to the tenant at commencement and copying it to the RTB within one month is also now newly designated as “improper conduct” and so open to investigation and sanction as such.
• Landlords have 7 days following service on a tenant to serve a copy of a notice of termination or notice of rent review on the RTB, previously the notice to the tenant and the RTB had to be served on the same day.
• There is an increase from 90 days to 120 days in the maximum period of notice that a landlord is allowed to serve to terminate a tenancy of less than six months; this is not a minimum notice provision but caps the maximum notice a landlord may give for short tenancies.

While not amended by the second Act, to be compliant, a tenant must receive a notice of termination on the date of service listed in the notice. In its guidance on the changes made by the Act, the RTB recommends that landlords do not post termination notices but email, hand-deliver or leave them at the tenant’s address to ensure that the tenant receives the notice on the correct date. 

Qualifying criteria for “substantial change” exemption from rent caps

The previous required improvements in BER ratings as qualifying criteria to meet the “substantial change” exemption from the national rent control rules are changed so that improvements in primary energy use (measured in kWh/(m².y)) are required. Specific thresholds are set out in the legislation and should be carefully reviewed where renovation works are being considered.

Exemption for planning-exempt rear-garden dwellings

The second Act introduces the widely publicised exemption from the application of the RTA for planning-exempt dwellings placed in the rear garden of the landlord-owned principal private residence. This exemption applies from 31 July 2026 for planning-exempt dwellings first placed in a rear garden on or after 27 July 2026. This is unlikely to directly impact corporate landlords, but where it is encountered it is important that all conditions to the application of this exemption are met continuously throughout the period of the tenancy.

Dispute and enforcement rules and processes

There are several new procedural rules for how disputes are dealt with and the RTA is enforced.

New fixed payment notice regime

The RTB has new powers to issue fixed payment notices to landlords of €100 or €200 initially (with provision for increase of up to €500 and €1,000) for the following six specific breaches of the legislation:

• Failure to register a tenancy
• Failure to update tenancy details
• Failure to furnish to the RTB evidence of compliance with the national rent control rules
• Failure to furnish to the RTB a valid notice of exemption from the national rent control rules
• Failure to serve a rent review notice on the tenant and submit a copy to the RTB
• Failure to submit to the RTB within one month of the commencement of the tenancy, a copy of the information on calculation of the rent required to be given to the tenant

The new fixed payment notice regime operates alongside the RTB’s ability to investigate landlords for improper conduct or prosecute an offence. Early engagement with the RTB to evidence compliance or regularise failures, following receipt of any correspondence from the RTB which could lead to a fixed payment notice, is important. This will help to avoid investigation and prosecution under the other more onerous enforcement regimes.

Extension of time for the RTB to bring proceedings

There is an extension of time for the RTB to bring proceedings for offences from 1 year to 3 years.

Historic registration breaches enforceable

The RTB’s power to enforce the requirement to register tenancies is expanded to tenancies that “ought to have been” registered, allowing it to pursue historic non-registration.

Penalty increases

There is an increase in maximum penalties for offences:

• From a standard fine of €3,000 to €5,000
• From a daily fine for a continuing offence from €500 to €1,000
• The term of imprisonment from six to 12 months

All RTB proceedings public by default

Except in limited circumstances, all RTB hearings will be held in public by default and reports will be made available on the RTB website. Oral hearings for investigation of improper conduct will also be held in public.

Gardaí and housing authority evidence admitted for anti-social behaviour

In adjudication and tribunal hearings involving anti-social behaviour or property damage, Gardaí and housing authority statements will be allowed as evidence where witnesses would otherwise be deterred by violence or threats.

There is also provision for strengthened enforcement of RTB determination orders by the District Court and an expansion of the High Court’s powers (including the power to make interim possession and rent payment orders). Both of these sets of changes will require a further commencement order to take effect.

Recommendations

Residential tenancies are highly regulated and the RTB demands that close attention is paid by landlords, to the detail of the obligations imposed on them. This second Act of 2026 is a clear signal that the RTB expects greater compliance and intends to enforce the requirements of the RTA more rigorously. The new fixed payment notice regime is an additional tool in the RTB’s armoury to demand compliance with day-to-day registration and notice obligations. The RTB can also now bring proceedings for offences up to three years after the event and can impose greater penalties. It can also investigate and impose sanctions for tenancies that should have been registered but were not, even historically. Landlords, operators and managers should review their registration and notice procedures, ensure they understand the detailed legislative requirements and update internal processes to maintain compliance.

For further information, please contact a member of our Real Estate Group.