Changes To Rental Legislation Starting From 1 October
Tenancy law amendments are taking effect from 1 October 2022. The Residential Tenancies Authority (RTA) have provided answers to frequently asked questions from Landlords, Property Managers and tenants alike about the changes to the legislation.
When should a Notice to Leave be issued for the end of a fixed term tenancy?
A Notice to Leave can be issued for the end of a fixed term tenancy up to one day prior to the end of a fixed term tenancy without the tenancy reverting to a periodic tenancy, providing the correct timeframe has been applied.
Can a Notice to Leave for “end of a fixed term agreement” be issued before 1 October if it expires after this date?
No, the notice is invalid even if the expiry of the fixed term agreement falls after 1 October 2022. However, if the notice is issued on or after 1 October 2022 the notice is valid, providing the correct timeframe has been applied.
If a tenant is on a periodic tenancy agreement, can a Notice to Leave without grounds be issued on or after 1 October 2022?
No, however a Notice to Leave without grounds can be issued up to and including 30 September 2022 and the notice remains effective after 1 October 2022 providing the correct timeframe has been applied.
What happens after 1 October 2022 if a Notice to Leave or Notice of Intention to Leave is issued before 1 October 2022?
The notice remains valid providing the correct timeframe has been applied.
What if a pet is already approved (prior to 1 October 2022) to be kept in a rental property, does another approval need to occur after 1 October?
Approval for a pet given prior to 1 October 2022 will still apply after this date. However, all conditions about keeping the pet must comply with the amended Residential Tenancies and Rooming Accommodation Act (RTRA) Act.
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