Key Changes in Residential Tenancies: What This Means for Investors, Developers, Institutional Landlords, and the Broader Market Ecosystem

The Residential Tenancies (Miscellaneous Provisions) Act 2026 introduces significant reforms to Ireland’s rental market, especially for tenancies created on or after the 1^st of March 2026. In our latest article, Cian Duane, Partner and Celine Murray, Trainee Solicitor examine the key provisions of the Act and what they mean for investors, developers, institutional landlords, and the broader market ecosystem.

Introduction of Tenancies of Minimum Duration

Tenancies created on or after the 1^st of March 2026 will be known as “Tenancies of Minimum Duration” once the tenant has lived in a property for 6 continuous months without a valid notice of termination being served.  These tenancies will operate on rolling 6-year cycles.

These new rules will also not apply to local authority tenancies or where a tenant rents a room in a landlord’s home (owner occupied).  The rules also do not apply where the tenancy commenced prior to 1^st March 2026.

Ending a Tenancy of Minimum Duration

Larger landlords (companies or landlords with four or more tenancies) will not be able to end their tenancies under any circumstances except where the tenant is not meeting their obligations (including rent arrears) or the property no longer suits the tenant’s needs (i.e. overcrowding, limited number of bed spaces).

Smaller landlords (landlords with three or fewer tenancies) can also rely on these termination grounds available to larger landlords and, in addition, will be allowed to terminate the tenancy at any time in cases of:

• Undue financial or other hardship requiring sale of the property. The Act makes reference to a situation where a landlord has to discharge a debt of at least 15% of the asking price within 9 months of the termination date (debt under Fair Deal Scheme, Revenue Commissioners or in respect of some other tax liability). It also provides for a situation where a personal insolvency practitioner has been appointed, or where the landlord or their spouse/civil partner is bankrupt, or where they have made an arrangement with creditors.
• The landlord or a close family member needs to live in the property. The Act defines a close family member as the landlord’s spouse, civil partner, child, stepchild, foster child, adoptive child, parent, stepparent or parent-in-law only.

Can a landlord sell the property during a Tenancy of Minimum Duration?

All landlords will be able to sell their rented property at any time with the tenant in situ, or they may choose to sell with vacant possession when a tenant has left of their own accord.

What happens at the end of the 6-year period?

At the end of the 6-year period, smaller landlords with three or fewer tenancies will be able to end the tenancy (giving requisite notice to the tenant) using one of the existing legal grounds set out under Section 34 of the Residential Tenancies Act 2004. Larger landlords will not be able to rely on the existing legal grounds, even at the end of the 6-year period.

Can a Tenant end the Tenancy?

Tenants can end their tenancies at any time by giving written notice with the required notice period. Tenants will not be tied to a 6-year Contract, and they do not need to provide any reason for ending their tenancy.

Pre- 1 March 2026 Tenancies

It is important to note that these new rules will not apply to tenancies already in place prior to 1^st March 2026. These tenancies will continue to be governed by the existing rules that are currently in place and can be ended at any time giving the requisite notice using one of the following legal grounds under Section 34 of the Residential Tenancies Act 2004:

• Breach of tenant obligations;
• Property no longer suitable for tenant’s needs;
• Intention to sell within 9 months;
• Substantial refurbishment planned;
• Change of use;
• Landlord or family member needs to live in the property.

The Act will introduce greater restrictions on the ability of landlords to end tenancies created on or after 1^st March 2026.

Rent Setting Rules

Tenancies of Minimum Duration

For new tenancies created on or after the 1^st of March 2026, all landlords will be able to set rent at market rates if:

1. The previous rent was below market level, and
2. One of the following occurs:

• • The tenant leaves the tenancy voluntarily, or
  • The tenant breaches their obligations, or
  • The home no longer meets the tenant’s needs, for example, because it is too small, or
  • The 6-year tenancy of minimum duration ends.

In setting rent at market level for a dwelling, landlords must have regard to the rent information contained in the Rent Price Register (a new published register by the RTB) and the most recent comparable rents for dwellings of a similar size.

The Rent Price Register

The Rent Price Register will disclose the amount of rent paid for every tenancy in a dwelling across the country. Neither the address of the dwelling nor the identity of the landlord or tenant will be disclosed. This will provide greater transparency in rental prices for tenants, landlords and other stakeholders.

Annual Rent Increase Cap

For all tenancies (including those in place on the 28^{th of} February 2026), annual rent increases will be capped at the rate of inflation according to Consumer Price Index (CPI) or 2% whichever is lower. This will apply nationwide and will no longer depend on whether a property is located in a Rent Pressure Zone or not.

There will be a temporary provision in place under the new legislation for tenancies in an area that recently became a rent pressure zone. These tenancies will not have a rent review until two years after the last rent setting.

The 2% cap on annual rent increases will not apply to new developments of newly built apartments and student specific accommodation. Rent increases in these developments will only be capped by the CPI. To qualify as a new development, the development must have a commencement notice with the planning authority after 9^th June 2025.

Notification of Rent Set

Whenever a landlord sets the rent upon the commencement of a tenancy, following a rent review or whenever the rent is set at market value, the landlord will be obliged to serve notice on both the tenant and the Residential Tenancies Board (RTB) from the 1^st of March 2026.

Conclusion

The new rental reforms provide tenants with improved security of tenure and greater protection against eviction. While these changes introduce tighter rules around ending tenancies—particularly for larger landlords—they also offer greater transparency and consistency across the sector.

Landlords will now have the ability to set the rent at market rent when a new tenancy begins having regard to similar rental properties in that area, which will be detailed in the new Rent Price Register.

The legislation also brings nationwide clarity on rent review by introducing a cap on annual rent increases at the rate of inflation according to the CPI or 2% (whichever is lower) nationwide.

Finally, it incentivises investment in new developments, as the annual rent increases on newly built apartments and student specific accommodation will be capped as per the rate of inflation according to the CPI only which it is hoped will encourage more new builds and offer an exciting opportunity for future investors and developers.