The Residential Tenancies (Miscellaneous Provisions) Act 2026 (the “Act”) was enacted at the end of February and the majority of the changes took effect from 1 March 2026.
This legislation is the culmination of a review and overhaul by the Irish Government over the last year of the residential rent control system to stimulate much needed private investment in the residential sector while balancing tenant rights and protections.
National Rent Control
The Rent Pressure Zone (“RPZ”) system which was introduced in 2016 as a temporary measure and has been subsequently extended on numerous occasions has been replaced with a new system of national rent control, introducing certainty and predictability to the market.
A RPZ was a designated geographical area (most large Irish urban areas) where annual rent increases were capped at the lower of the rate of inflation as recorded by the Harmonised Indices of Consumer Prices (HICP) or 2%.
The legislative provisions designating certain geographical areas as RPZs have been repealed and replaced by the new national rent control framework. The legislation provides for transitional measures to ensure that a tenancy in an area that was recently designated an RPZ will not have a rent review until after two years since the last rent setting.
Rent increases
A number of changes to rental caps apply from 1 March 2026 for both existing and new tenancies:
- Rent increases will be linked to inflation according to the Consumer Price Index (“CPI”) instead of Harmonised Indices of Consumer Prices (“HICP”) with a 2% cap.
- The 2% cap will not apply to newly built apartments or student specific accommodation (“SSA”) in respect of which a commencement notice was submitted and registered with the Building Control Authority on or after 10 June 2025. Rent increases for those asset types will follow CPI only.
Resetting of rents to market value
First rent setting
Residential tenancy legislation already allowed for the setting of rent to market rent for (1) the first letting of a new property coming onto the market, (2) at the start of a tenancy of a property where there had been no tenancy in the property for the previous two years (one year for protected structures) and (3) where there had been a substantial change in the nature of the accommodation. These provisions continue to apply.
The Act introduces new provisions allowing rent to be reset to market rent for the first rent setting of a new tenancy in an existing rented dwelling after 1 March 2026 where:
- the previous tenant left voluntarily;
- the previous tenancy was terminated due to the tenant’s breach of their obligations; or
- the previous tenancy was terminated because the property no longer met the tenant’s needs (e.g. size).
Subsequent rent setting
In respect of a new tenancy created after 1 March 2026, the rent can be reset to market rent after 6 years (or 3 years in respect of SSA). This provision is designed to encourage investment in the rental sector by ensuring that rents in respect of long standing tenancies do not fall behind market rent.
Large and small landlords
The Act introduces a new concept of “large” and “small” landlords. Different termination rules apply to large and small landlords.
Large landlords are those who have four or more tenancies. Corporate entities are large landlords, irrespective of the number of tenancies.
Small landlords are non-corporate entities with three or fewer tenancies.
Tenancies of minimum duration
The Act sees a return to a rolling 6 year security of tenure term for tenants, but with more limited tenancy termination grounds for landlords than was previously the case. Tenancies of Minimum Duration (“TMDs”) apply for new tenancies created on or after 1 March 2026. Once a tenant has lived in a property for 6 months and has not received a valid Notice of Termination, they will have the right to remain in the property for rolling 6 year terms provided they comply with their obligations.
Different termination rules apply for TMDs for large and small landlords:
- Large landlords (corporates and those with four or more tenancies) will not be able to terminate a TMD for any grounds other than where a tenant breaches its obligations or if the property is no longer suitable.
- Small landlords (non-corporates with three or fewer tenancies) can terminate during each rolling 6 year TMD in very limited circumstances including:
- where the small landlord needs to sell the property to avoid undue financial or other hardship and they can show that the sale proceeds are required (1) to provide a principal private residence for the landlord, their spouse or civil partner, (2) to discharge a debt or make a payment of at least 15% of the asking price within 9 months of the termination date; or (3) where a personal insolvency practitioner has been appointed to the landlord or their spouse or civil partner or one of those parties is bankrupt or has made a composition or arrangement with creditors;
- where the small landlord requires the property for themselves, their spouse, civil partner, child, stepchild, foster child, adoptive child, parent, step parent or parent-in-law; or
- where the property is no longer suitable.
At the end of each 6 year TMD, small landlords can terminate the tenancy on broader grounds. These include:
- where the small landlord wants to sell the property with vacant possession;
- where the small landlord intends to carry out substantial refurbishment or change the use of the property; or
- where the small landlord requires the property for themselves or a family member.
The Act introduces new statutory declaration requirements for certain termination grounds which previously required only a statement, and expands the statutory declaration requirements for sale and family occupation terminations.
Landlords can:
- terminate a TMD at any time where the tenant breaches their obligations;
- reset the rent to market value at the end of each 6 year TMD; or
- sell a property with a tenant in-situ at any time.
Rent register
Before the Act the publicly available Register of Tenancies and Register for SSA maintained by the Residential Tenancies Board (the “RTB”) referred to property addresses only (further details were maintained by the RTB but not published).
The Act expands the information that will be held and published by the RTB. The RTB will make rent information publicly accessible for the first time, alongside more detailed property characteristics. This transparency is intended to support landlords and tenants in determining market rents and assessing compliance with rent-setting requirements under the new national rent control regime.
Whilst rent data will be public, the identities of landlords and tenants will remain protected, meaning the register will show rents for properties with specific characteristics in specific areas, but without revealing who owns or occupies them.
Further information required from landlords on RTB tenancy registration
When registering tenancies with the RTB, landlords will now be required to provide additional information including the number of bed spaces, the floor area and the BER (where applicable).
Tenant verification of landlord status
The Act introduces a new mechanism that allows tenants to verify a landlord’s status when they receive a notice of termination of tenancy. Under the new provisions, tenants who receive a notice of termination can apply to the RTB to confirm that, on the date the landlord served the notice, the register of tenancies recorded that the landlord was a small landlord within the meaning of the legislation. To make this application, the tenant must confirm their identity and provide a copy of their notice of termination. The RTB’s confirmation can be used as evidence in any dispute referred to the RTB. This is particularly relevant for smaller landlords who will be required to meet specific criteria when terminating tenancies under the new regime.
Enhanced information sharing
The Act establishes information sharing mechanisms between the RTB and several Government bodies where such data exchange is necessary and proportionate for the performance of their respective statutory functions. The RTB may share information with;
- the Minister for Social Protection specifically for administering applications and payments under the Accommodation Recognition Payment scheme;
- Sustainable Energy Authority of Ireland (SEAI) regarding floor area and BER of rented dwellings; and
- the Revenue Commissioners where necessary and proportionate for Revenue to perform their statutory functions.
The Act also empowers the RTB to request specific information from the Revenue Commissioners, with Revenue obliged to provide such information where it is in their possession and necessary for the RTB’s functions.
All information sharing is subject to a necessary and proportionate test to ensure compliance with data protection principles.
This legislation will incentivise much needed investment in the Irish residential sector. The removal of the 2% annual cap on rent increases for new apartments and SSA commenced after 10 June 2025 will stimulate development of those crucial asset types.
The ability to reset rents to market levels as set out above will ensure that long-standing tenancies do not fall significantly behind market levels. This provision directly addresses the Housing Agency’s recent recommendations and is specifically designed to encourage investment by preventing rent drift in long-term tenancies.
These measures will boost the development of new rental accommodation, inject real activity into the Irish housing market and increase supply.
For further detail see our Residential Tenancies Hub which outlines:
- What the legislation means for landlords of pre 1 March 2026 tenancies.
- What the legislation means for landlords of post 1 March 2026 tenancies.
- The particular provisions for Student Specific Accommodation.
- The procedural changes for landlords.
Contact us
For more information regarding anything discussed in this article, please contact Sally Anne Stone, Laura James or any member of the Commercial Real Estate team.