Residential Tenancy Reform: Commencement Update

In our briefing of 28 July 2026, we outlined the key amendments to the Residential Tenancies Act 2004 (the "2004 Act") introduced by the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (the "New Act"). The bulk of these residential tenancy amendments have now come into operation, taking effect on 14 September 2026. This note summarises the practical implementation details, drawing on both the RTB’s public guidance and the legislation.

Rent-setting information

Landlords and agents should note that, from 14 September 2026, for tenancies to which the new obligation applies and which are created after that date, landlords must give the RTB the required rent-setting information within one month from the commencement of the tenancy.

Landlord notification to RTB

Landlords now have seven calendar days from service on the tenant to serve a copy of a notice of termination or rent review on the RTB (previously, the copy generally had to be served on the same day).

Notice periods for short-duration tenancies

Landlords who wish to terminate tenancies within the first six months should note that the maximum notice period has increased from 90 to 120 days.

Public adjudication hearings

Clients who will be involved in RTB disputes should be aware of a significant change to hearing arrangements. For dispute applications made on or after 14 September 2026, RTB adjudication hearings will generally be held in public. The RTB will publish a weekly schedule, and the public, including the press, may request to attend. Adjudicators may hold hearings in private in limited circumstances. Landlords should assume that evidence and submissions may be dealt with in a more public forum than before.

Service of notices by post

The RTB has expressed the view that notices of termination should not be sent by post. This follows a High Court decision confirming that service by post is deemed to occur when the letter would be delivered in the ordinary course of post, not necessarily on the date of posting. The concern is that landlords may not be certain that the service date stated in the notice corresponds with the date service is legally effected. The RTB suggests service by email (where permitted) or hand delivery.

Fixed payment notices

As noted in our July briefing, the RTB may now issue fixed payment notices for certain breaches of residential tenancy law. The relevant breaches include:

  • Failure to register a tenancy
  • Failure to update tenancy details
  • Failure to give required rent-setting information at the start of a tenancy
  • Setting rent above the legal limit
  • Failure to notify the RTB of a rent exemption
  • Failure to serve a rent review notice correctly.

Fixed payment amounts are €200 for rent-setting breaches and €100 for the other listed breaches; the legislation permits higher prescribed amounts within statutory limits.

The RTB has described a staged process before a fixed payment notice issues, including notification, an opportunity to comply or explain, a warning notice and a final 14-day compliance period. The statutory mechanics are not identical for every breach category.

Other commenced changes

  • Changes to RTB appeal periods and hearing notice periods (tribunal hearing notices reduced from 21 calendar days to 10 working days; mediation appeals changed from 10 calendar days to 10 working days).
  • Requirement for adjudicators and Tribunals to have regard to relevant MABS advice.
  • New rules on the use of audio and video evidence in RTB hearings.
  • Expanded "slip rule" enabling the RTB to cure non-prejudicial defects in a notice of termination or accompanying statutory declaration.
  • Changes to the treatment of certain garden housing units.
  • New obligations on head tenants to notify sub-tenants when the head tenant receives a notice of termination.
  • Increased penalties for summary offences under the 2004 Act.
  • Updated definition of “substantial change” to reflect a new way of measuring energy-efficiency improvements.

Provisions not yet commenced

A small number of the New Act’s residential tenancy provisions have not yet commenced, principally those dealing with tribunal composition, certain court enforcement procedures, and RTB inspection powers (including the new District Court warrant procedure for entry where access has been refused, as outlined in our July briefing).

Residential tenancy reform continues to attract significant political attention. We are monitoring legislative developments and will provide updates as they arise.

This content has been prepared by McCann FitzGerald LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.

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