Expiration of the extension of notices of termination dates approaching – what should you know?

The extension of termination dates for residential tenancies will begin to expire on 31 March next in accordance with The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 and the closure of the “winter emergency period” between the 30 October 2022 and 31 March 2023.

The effect of this period has been to restrict the termination of tenancies served on a no-fault basis, deferring the relevant date until after the emergency period. The legislation provides that it will not impact notice served in the case of a breach of obligations on the part of the tenant e.g., non-payment of rent.

Effects of the Emergency Period

Both notice of terminations made before and during this period are affected with notices served during this period not permitted to specify a date falling earlier than 18 June 2023. Regarding notices served on or before the date the legislation came into effect, the date of termination is amended based on how long the tenancy is in existence and when the termination date as served falls. If the revised date has the result that the tenant is in occupation for more than 6 months, the legislation provides that this will not result in the tenant acquiring rights specified under Part 4 of the Residential Tenancies Act 2004.

Tenancies of a duration of 7 years or more with a date within the period will have a deferred date of 1 April 2023.

For tenancy durations of less than 6 months AND from 6 months to 1 year with a termination date between 29 October and 31 January the deferred date is 1 May 2023 and with a termination date between 1 February and 31 March the deferred date is 18 June 2023.

For tenancies of a duration between 1 and 7 years with a termination date between 29 October and 31 January the deferred date is 15 April 2023 and with a termination date between 1 February and 31 March the deferred date 1 May 2023.

Going Forward

As of now there is no legislation extending this period and notices of termination can be served as normal after the expiration of the emergency period. It cannot be taken for granted, however, that an extension or reintroduction of an emergency period next winter will not occur. Landlords should take this into account when calculating the relevant notice periods.

It would therefore be prudent for landlords looking to terminate tenancies with notice periods of 180 days or more, to calculate when they need to serve a notice of termination with an end date at the latest towards the end of September. A miscalculation could potentially expose landlords to a spring deferral date if a new winter emergency period is announced.