Key Amendments To The Residential Tenancies (Miscellaneous Provisions) Bill 2026: Impact On Landlords

The Residential Tenancies (Miscellaneous Provisions) Bill 2026 (the "Bill") was presented on 3 February 2026. Last night it passed all stages in the Dail (with no amendments made to the initial text) and is now gone to the Seanad. The Government has long flagged that the Bill is expected to be enacted with effect from 1 March 2026, subject to Ministerial commencement orders. The Bill introduces significant reforms to rent-setting transparency, replaces HICP-based rent caps with CPI-linked increases, and imposes substantial new restrictions on landlords' ability to terminate tenancies, with particularly profound implications for corporate and portfolio landlords.

This insight examines the key amendments affecting landlords, focusing on rent-setting obligations and termination restrictions, before turning to specific commentary on Build To Rent (BTR) / Private Rented Sector (PRS) schemes.

Two-Tier Rent System

The Bill amends section 19 of the Residential Tenancies Act 2004 (as amended) (the "2004 Act") by substituting "1 March 2026" for "the relevant date", establishing 1 March 2026 as the critical temporal dividing line for rent regulation and termination rules. This creates a fundamental two-tier system: one set of rules for tenancies created before 1 March 2026 (governed by old RPZ rules), and a materially different (and significantly more restrictive) regime for tenancies created on or after that date.

For tenancies created on or after 1 March 2026, the Bill replaces the HICP-based rent increase formula with a CPI-linked cap. "CPI number" is defined as the All Items Consumer Price Index Number compiled and published by the Central Statistics Office, and the RTB must establish and maintain a rent increase calculator to calculate increases. The new formula provides that rent increases shall not result in the new rent exceeding the old rent by more than the relevant percentage (2% per annum, or less if the CPI increase is under that), nor shall the ratio of new rent to old rent exceed the ratio of the current CPI number to the previous CPI number.

For post-1 March 2026 tenancies, landlords must furnish the tenant and the RTB with specific information at commencement, including: the amount of rent last set under the most recent previous tenancy; the date the rent was last set; a statement as to how the rent has been calculated having regard to section 19; the RTB registration number of the most recent previous tenancy; and by reference to the published register, the amount of rent payable and registration numbers for three comparable dwellings of similar size, bedrooms, type, character and BER in a comparable area.

Most critically, the Bill establishes the RTB's published register as the authoritative source for market rent determinations. The published register has replaced advertised rents, estate agent valuations, and other market evidence as the basis for rent assessments.

The published register is accordingly set to be updated but it would appear landlords may face significant practical difficulties to demonstrate "market rent", as landlords must search the register, identify and document three comparators, and provide this information to both tenant and RTB at tenancy commencement and on every rent review.

Rent Reset Rules—The Limits of "Fresh Start" Opportunities

A critical question for landlords—particularly those with below-market rents arising from long-term tenancies or rent control constraints—is when they may reset rents to market levels for new tenancies created after 1 March 2026.

Section 19 of the 2004 Act is amended which sets out the exceptions to the rent caps for new tenancies created after 1 March 2026 permitting market-rate rent-setting in specified circumstances. The reset opportunities:

• Vacancy reset (protected structures): After one year of vacancy
• Vacancy reset (other dwellings): After two years of vacancy
• Tenant-initiated termination: Where the tenant ended the previous tenancy (voluntary vacation)
• Landlord termination on specific grounds of the Table to section 34 of the 2004 Act: Where the landlord terminated the previous tenancy on grounds of tenant breach (paragraph 1), unsuitable accommodation (paragraph 1A), or loss of ownership/authority (paragraph 2)

Crucially, the exemption for rent resets does NOT apply where the previous tenancy (pre-March 2026 tenancy) was terminated under paragraph 3 (sale of property), paragraph 4 (landlord or family member requiring the dwelling), paragraph 5 (refurbishment), or paragraph 6 (change of use) of the Table to section 34.

Termination Rules

Tenancies created before 1 March 2026 remain subject to the existing termination rules under sections 34 and 35 as they stood prior to the Bill. Landlords may continue to terminate such tenancies on any of the grounds in the Table to section 34 (subject to existing notice and procedural requirements).

For tenancies created on or after 1 March 2026, the Bill introduces the concept of a "tenancy of minimum duration" which fundamentally alters landlords' ability to terminate tenancies.

'Tenancy of minimum duration' means a continuous period of 6 years under a relevant Part 4 tenancy from the commencement of the relevant Part 4 tenancy, or from each sixth anniversary of that commencement. 'Relevant Part 4 tenancy' means a tenancy referred to in paragraph (a) of section 29, that commences on or after 1 March 2026.

In effect, every new tenancy created from 1 March 2026 onwards is subject to rolling six-year protected periods.

Corporate and Large Landlords: Outright Prohibition

A relevant Part 4 tenancy shall not be terminated by the landlord on the ground specified in paragraph 3, 4, 5 or 6 of the Table to section 34 where the landlord is a company, or a landlord of more than 3 tenancies of dwellings.

This represents the most significant restriction in the Bill. Corporate landlords and portfolio landlords (those with more than three tenancies) are entirely prohibited from terminating tenancies on the following grounds:

• Paragraph 3: Sale of the dwelling
• Paragraph 4: Landlord or family member requiring the dwelling
• Paragraph 5: Refurbishment or renovation
• Paragraph 6: Change of use

The prohibition applies throughout the entire duration of the tenancy, not merely during the six-year minimum period. There is no hardship exception, no time-limited transitional relief, and no mechanism for RTB approval or exemption.

Small Landlords: Conditional Restrictions During Six-Year Period

Small Landlords (classed as non-corporate landlords with three or fewer tenancies) are subject to the same restrictions above for termination of tenancies created after 1 March 2026, however exceptions exist:

Exception 1: Hardship-Based Sale

The small landlord can show to the satisfaction of the RTB that: the landlord requires the consideration from the transfer to provide a principal private residence for the landlord or spouse/civil partner; the consideration is required to discharge a debt or payment to Revenue of at least 15% of expected consideration, legally required within 9 months after termination; or the landlord or its spouse/civil partner is subject to insolvency proceedings, and the application of the restriction would cause undue financial or other hardship.

Exception 2: Notice Served Before, Termination After Six-Year Period

A relevant Part 4 tenancy may be terminated by a small landlord on the grounds specified in paragraph 3, 5 or 6 of the Table to section 34 if, in addition to any other requirement, a notice of termination is served before the expiry of a tenancy of minimum duration and that period of notice expires on or after the expiry of the tenancy of minimum duration.

This allows smaller landlords to "bridge" the six-year period by serving notice in advance (e.g., serving a six-month notice to terminate at the end of year 6). However, there are also enhanced notice content and statutory declaration requirements placed on smaller landlords serving notices of termination under these grounds.

Build to Rent (BTR) and Private Rented Sector (PRS) Schemes

The Bill provides a limited carve-out from the general rent cap for new BTR/PRS development where: the dwelling is one of a number of dwellings comprising an apartment complex or a dwelling in a building referred to in subsection (1A) of section 3 (i.e. student specific accommodation); a commencement notice or 7-day notice was given to a building control authority on or after 10 June 2025 and regulations under section 6(2) of the Building Control Act 1990 have been complied with; in respect of works consisting of construction of the apartment complex or building, or works consisting of an extension to permanently increase the floor area by at least 25%, or works for a change of use where the apartment complex occupies not less than 25% of the floor area.

What this means: For qualifying new-build BTR apartment complexes with commencement notices from 10 June 2025 onwards, landlords have greater flexibility in setting initial rents at market rates without being constrained by the CPI-linked formula.

This carve-out is clearly intended to incentivise new BTR development by exempting newly constructed or substantially altered apartment complexes from the general rent cap. However, it applies only to initial rent-setting for new builds—once a tenancy is in place, subsequent rent increases are subject to the CPI cap unless a reset exception applies.

Conclusion

Save for the carve-out above for new BTRS/PRS development, BTR funds, REITs, and institutional landlords cannot terminate tenancies to facilitate sale of individual units or entire buildings, nor can they terminate for refurbishment or change of use, meaning they cannot upgrade units, reposition assets (e.g., converting residential to commercial), or carry out major works requiring vacant possession creating a fundamental constraint on the sector's operating model and investment attractiveness.

Lenders and investors will accordingly need to account for the loss of termination flexibility when valuing loans or acquisitions.

We have also published an insight which examines the key amendments in the Bill in relation to Student Specific Accommodation which is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.