Government Approves Ban on Evictions Until April 2023

PUBLISHED: 21st October 2022

The Government has approved  a temporary ban on evictions  until 1 April 2023.  

The forthcoming legislation will provide for a temporary stay on tenancy terminations this winter.

Housing Minister Darragh O’Brien said the temporary ban was being introduced in light of the “severe pressures” on emergency accommodation.

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, will defer no fault tenancy terminations that are due to occur during the coming winter months from taking effect until after 31 March 2023. The legislation will also cover licences and tenancies in student specific accommodation and student tenancies in the general rental market.

It will still be possible to serve a Notice of Termination during the winter period and the protections will not apply to a tenant who simply chooses not to pay their rent or who is in breach of other tenant obligations.  Where the tenant is at fault, the tenancy can be terminated during the winter subject to the usual notice periods to be given.

Notices served prior to the eviction ban

To avoid the floodgates opening on a wave of eviction notices served prior to November, those who are in receipt of a “live” notice to quit which was in place before the eviction ban comes into force will be protected from eviction until it expires. However, it is understood that depending on the terms of the tenancy, its length and when the eviction notice is served, longer protections will be put in place until 18 June 2023.  This will avoid a wave of evictions following the expected lifting of the ban on 1 April 2023.

Notices served during the eviction ban

Therefore, a notice of termination can still be served, but it cannot take effect during the winter emergency period. Any notice of termination served during the winter emergency period in respect of tenancies of less than six months’ duration cannot specify a termination date that falls earlier than 18 June 2023.

Conclusion

This temporary eviction ban will protect tenants during the coming winter months and hopefully ease the severe pressure experienced by emergency accommodation.  Landlords can take comfort in the fact that it will still be possible to serve a Notice of Termination during the winter period and the protections being introduced will not extend to a tenant who simply chooses not to pay his or her rent or is in breach of other tenant obligations.