Rental Law Update: Recent Enactments Under The Housing And Residential Tenancies (Miscellaneous Provisions) Act 2026

Introduction

In our previous insight in February 2026 (see here), we examined the significant reforms to the Residential Tenancies Act 2004 (as amended) (the “2004 Act”) introduced by the Residential Tenancies (Miscellaneous Provisions) Act 2026, which took effect from 1 March 2026. 

Those insights considered, among other things, the two-tier rent system created by the new CPI-linked rent cap, the restrictions on rent resets and, significantly for institutional and portfolio landlords, the outright prohibition on corporate and larger landlords terminating tenancies for sale, own-use, refurbishment or change of use. A separate insight considered the tailored rent reset rules applicable to Student Specific Accommodation (SSA) and the position of universities operating under licence arrangements.

A further tranche of amendments is being made by the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (the “2026 Housing Act”), enacted on 22 July 2026 and commenced on a staged basis: a small number of provisions took effect from 31 July 2026, and the bulk of the substantive changes took effect from 14 September 2026. 

Unlike the March 2026 changes, which principally reshaped the substantive rent-setting and termination regime, this tranche is largely procedural and enforcement-focused, though it also includes some real changes to notice periods that landlords should not overlook. This insight highlights the practical implications for larger landlords and universities.

New RTB enforcement tool: Fixed payment notices

Perhaps the most operationally significant change is the RTB's new power to issue fixed payment notices for certain breaches, rather than relying solely on its existing investigation and prosecution powers. 

The relevant breaches are: 

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

Landlords operating at scale should be prudent as a compliance gap that recurs across a portfolio may be capable of exposing a landlord to a fixed payment notice and an associated fine, rather than only the RTB's existing investigation and prosecution routes. It would also appear that these fixed payment notices may be capable of being issued on a cumulative basis in respect of each affected tenancy. 

Increased penalties for summary offences

The 2026 Housing Act increases the penalties available for certain summary offences under the 2004 Act. Penalties for a first category of offence increase to a class A fine (currently up to €5,000) and up to 12 months' imprisonment, up from a fine not exceeding €3,000 and 6 months' imprisonment, and the time limit for bringing a summary prosecution is extended from one year to three years. 

The RTB's enforcement powers in respect of unregistered tenancies have also been extended to dwellings that ought to have been registered in the past, not only those that currently ought to be registered, meaning historic registration gaps are now open to pursuit in the same way as live ones.

Public adjudication hearings: A shift in exposure

From 14 September 2026, RTB adjudication hearings arising from disputes referred on or after that date will generally be held in public, bringing adjudications into line with the existing position for tribunal hearings. The RTB will publish a weekly hearing schedule, members of the public (including the press) may request to attend, and full adjudication reports, including the parties' names, the property address and the outcome, will be published on the RTB's website. This may need to be factored into how disputes are approached going forward.

New rules on serving notices of termination and rent review

From 14 September 2026, a landlord serving a notice of termination or a notice of rent review must serve a copy on the RTB within seven days of service on the tenant, rather than on the same day as previously required.

The RTB has also clarified that it does not consider postal service appropriate for notices of termination, given the risk that the date of service stated in the notice may not correspond with the date on which service is treated as legally effected where a notice is posted. The RTB's stated preference is for termination notices to be served by email, where permitted, or by hand delivery, with rent-setting and rent review notices continuing to permit service by email, post or hand delivery.

Landlords who rely on standard letter templates and postal service as a matter of process should review notice-serving procedures with managing agents and property managers. Given the importance the RTB and Tribunal attach to strict compliance with notice requirements, this is an opportunity to standardise a more defensible service protocol, rather than a mere administrative easing.

Changes to dispute timelines

The 2026 Housing Act also standardises certain appeal and hearing notice periods with a view to reducing overall dispute processing times. From 14 September 2026, the RTB may give tribunal hearing notice of 10 working days, rather than the previous 21 calendar days, and parties have 10 working days (rather than, in the case of tenants, the previous 10 calendar days) to appeal a mediation outcome to a tribunal hearing.

Change to the refurbishment exemption's energy-efficiency tests

The tests for a 'substantial change in the nature of the accommodation', one of the routes to an exemption from the standard rent-setting rules following refurbishment works, have also changed. 

The previous tests based on an uplift in Building Energy Rating (BER) bands have been replaced with tests based on a reduction in annual primary energy use per floor area (measured in kWh/(m2.y)), broadly in the range of 50 to 150 kWh/(m2.y) depending on the route relied upon, applicable where the BER assessment relied on to demonstrate the improvement is carried out on or after 24 May 2026. 

As the applicable threshold depends on the specific route and the dwelling's existing energy performance, the legislation should be consulted directly and landlords with refurbishment programmes reliant on this exemption should confirm which test applies to each unit by reference to its assessment date.

Other changes commenced from 14 September 2026

Further changes commenced from 14 September 2026 include a 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, an expanded slip rule permitting the RTB to cure certain non-prejudicial defects in a notice of termination or accompanying statutory declaration, an exclusion from the Act for certain garden housing units meeting specified conditions, and new obligations on head tenants to notify sub-tenants on receipt of a notice of termination.

RTB Adjudicators may also now accept a statement from a Garda or housing authority officer as evidence of alleged anti-social behaviour or property damage where a witness would otherwise be deterred by violence or the threat of violence.

The maximum period of notice that may voluntarily be given for a tenancy of less than 6 months' duration has also increased from 90 to 120 days, though this affects only the voluntary maximum and not the statutory minimum notice period, which is unchanged.

A small number of provisions in the 2026 Housing Act, including those relating to Tribunal composition, certain court enforcement procedures and the RTB's inspection powers, have not yet been commenced. We will continue to monitor developments and will provide a further update once those provisions take effect.