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Are the emergency tenancy measures in effect again?

  • 14-01-2021 5:15pm
    #1
    Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭


    As above...dunno if this has been asked already but is there any ban on evictions currently in effect with the current lockdown?


Comments

  • Posts: 11,614 ✭✭✭✭ [Deleted User]


    newmember? wrote: »
    As above...dunno if this has been asked already but is there any ban on evictions currently in effect with the current lockdown?

    My rent is due to go up by 4% again next month. I really hope the ban on increases is still in effect. I'll be following this thread for an answer.


  • Closed Accounts Posts: 22,648 ✭✭✭✭beauf




  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    beauf wrote: »

    So...
    During COVID-19 emergency periods, Part 4 tenancies and further part 4 tenancies cannot start. And these emergency periods do not count towards the time spent as a tenant for Part 4 or further part 4 tenancies, if the person is subject to a notice of termination or awaiting eviction. The emergency periods cover:

    27 March 2020 to 1 August 2020
    21 October 2020 to 1 December 2020
    31 December 2020 to 31 January 2021

    Does this mean if I was served a six month notice of termination to start on 01/04/20, that I've currently served less than 3 months of it (01/08/20-21/10/20)?


  • Posts: 11,614 ✭✭✭✭ [Deleted User]


    beauf wrote: »

    Rent increases are allowed. Thanks government.


  • Registered Users, Registered Users 2 Posts: 3,148 ✭✭✭MacDanger


    From my understanding termination of tenancy are still valid however you can't be made leave the property during level 5 and you get a 10 day grace period. So if you were served a 6 month notice on 10th October you'd be due to leave 20th April (6 months plus 10 days). This was how I read it when I looked it up but that was a little while ago.

    I don't think that's correct. I looked into this last week and based on this:

    https://www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector
    Landlords and tenants can still serve a Notice of Termination as usual during an Emergency Period, subject to certain exceptions (more details below), but the notice period cannot begin to count until an Emergency Period is lifted. A Notice of Termination served by a landlord cannot take effect until after the expiry of an Emergency Period.

    The previous poster was correct in saying
    Does this mean if I was served a six month notice of termination to start on 01/04/20, that I've currently served less than 3 months of it (01/08/20-21/10/20)?

    Except that it should be more like ~4 months served (01/08/20-21/10/20) + (01/12/20-31/12/20)


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  • Registered Users, Registered Users 2 Posts: 2,599 ✭✭✭newmember2


    From my understanding termination of tenancy are still valid however you can't be made leave the property during level 5 and you get a 10 day grace period. So if you were served a 6 month notice on 10th October you'd be due to leave 20th April (6 months plus 10 days). This was how I read it when I looked it up but that was a little while ago.

    hmm...what you're saying there is that if you were given six months notice you now have 6 months and 10 days???
    That's completely incorrect - the notice period is paused during the moratorium so that the notice period only recommences once the moratorium is lifted. So in your example, if you were given notice on 10th of October last, 11 days of the notice has passed before a moratorium is introduced on the 21st October. The notice period is then paused until the moratorium is again lifted on 1st December and at that point another 30 days of the notice has passed until the moratorium is again introduced to where we are now until the 10th of February - so as we stand with this example, on 11th February you will be on your 42nd day of notice of your six month notice period.
    MacDanger wrote: »
    Except that it should be more like ~4 months served (01/08/20-21/10/20) + (01/12/20-31/12/20)

    Yeh I read the dates wrong and didn't see that there was no moratorium for December.


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