The law governing private rentals in Ireland has changed, and we know keeping up with new regulations can feel overwhelming. The Residential Tenancies (Miscellaneous Provisions) Act 2026 shifts the rental sector to a strict, national compliance model. We are here to help you navigate it.
As your expert guide, we want to make sure you have the right information to protect your private investments. We put your best interests first. This straightforward framework will help you review your property portfolio, spot any gaps, and put things right quickly.
Landlord Classification: Knowing Your Status
The new law groups landlords into two categories. Your legal rights to end a tenancy now depend entirely on which group you fall into on the exact day you serve a notice.
- Small Landlord: You own three or fewer rented properties in your own name. You retain the right to end a lease to sell or move family in, subject to strict rules.
- Large Landlord: You own four or more rented properties, or you operate through a registered company. You can no longer end a tenancy simply because you want to sell or refurbish the property.
Where things go wrong: Many people think splitting properties among family members avoids the “Large Landlord” label. However, the Residential Tenancies Board (RTB) and Revenue now share data to check exact ownership.
What you need to do: Check your RTB profile today. Make sure it accurately shows your active tenancies. If you have four or more properties, you must stop using “sale” or “family use” as reasons to end a lease.
Tenancy Agreements: The Six-Year Cycle
The 2026 Act introduces Tenancies of Minimum Duration (TMD). This legal term simply means that for any new lease starting on or after 1 March 2026, the tenant automatically gets the right to stay for a rolling six-year period once they live there for six months.
The first six months act as a probation period. During this time, you can end the tenancy without giving a specific cause. After six months, strict limits apply to how and why you can ask a tenant to leave.
Where things go wrong: A common mistake is assuming you can still end a new tenancy after the first year for any reason. That old rule is now void. Also, if you end a tenancy in the first six months without a clear reason, you lose the right to reset the rent to full market value for the next tenant.
What you need to do: Audit all your leases signed since 1 March 2026. Set a clear reminder for the five-month mark of every new tenancy so you can make informed decisions before the six-year right kicks in.
Rent Setting and the Rent Register
Ireland now has a national rent control system. You can only increase rent by a maximum of 2% each year, or the rate of inflation, whichever is lower.
You can only reset the rent to full market value in very specific cases, such as when a tenant leaves voluntarily, or at the end of a six-year TMD cycle. To do this, you must use the Rent Price Register (the RTB’s official public database of property rents) to prove your new rent is fair.
Where things go wrong: Applying a flat 2% increase without checking the current inflation rate is a frequent error.
What you need to do: Use the official RTB Rent Calculator before making any changes. If you are resetting to market rent, gather details of three similar properties from the Rent Price Register. If you have overcharged a tenant by mistake, refund them immediately and issue a fresh, correct notice.
Notice Requirements: Getting the Paperwork Right
Procedural errors will ruin your legal recourse. If you serve a Notice of Termination or a Rent Review on your tenant, you must send a copy to the RTB on the exact same day.
If you are a Small Landlord ending a tenancy to sell, you must provide a Statutory Declaration. This is a formal, written statement that you legally swear is true in front of a solicitor or notary public. You must prove you face “Undue Financial Hardship” if you do not sell.
Where things go wrong: Using unsworn letters or missing the same-day deadline for the RTB will completely invalidate your notice. You will have to start the whole process over again.
What you need to do: Move to a digital tracking system that proves you sent your emails or letters on the same day. Book an appointment with a solicitor to swear any necessary declarations properly. We can guide you through this process to ensure it is done right the first time.
Registration and Tax
The RTB and Revenue now actively share data. When you register a tenancy, you must include the floor area, number of bed spaces, and Building Energy Rating (BER).
Where things go wrong: Registering a property once and forgetting to pay the annual renewal fee is the most common pitfall. If you are not registered, you cannot use the RTB dispute service, and Revenue may investigate your tax returns.
What you need to do: Review your portfolio right away and pay any late RTB fees. Ask your tax advisor to ensure your declared rental income exactly matches the rent listed on the RTB register.
Maintenance and BER Standards
You must maintain the structural safety and heating of your property. A valid BER certificate is legally required before you advertise a property, and it dictates how your property compares on the Rent Price Register.
Where things go wrong: Failing to keep a paper trail of repairs leaves you exposed if a tenant raises a dispute.
What you need to do: Create a digital folder for every property. Store your safety certificates, BER cert, and date-stamped photos of the property’s condition. Keep a simple log showing exactly when you responded to a tenant’s repair request.
Disputes and Tenant Rights
Transparency is now enforced by law. Tenants have a statutory right to ask the RTB to verify if you are actually a Small or Large landlord. If you are selling the property, tenants must allow reasonable access for viewings, but you must arrange this collaboratively.
Where things go wrong: Trying to force entry with 24 hours’ notice without the tenant’s agreement causes unnecessary disputes.
What you need to do: Send a polite, written notice explaining your intention to sell, and ask the tenant what viewing times work best for them. Keep clear, timestamped records of all your messages.
Your Practical Compliance Tracker
We designed this simple checklist to help you see exactly where you stand. Print it out, fill it in, and let us know if you need us to fight your corner on any outstanding issues.
Landlord Name: ____________________
Audit Date: ______________
|
Compliance Area |
Action Required |
Status |
Next Steps |
|---|---|---|---|
|
Landlord Status |
Confirm if you are Small (≤ 3) or Large (≥ 4 properties). |
[ ] |
Check RTB active registrations match your records. |
|
Tenancy Type |
Identify all leases starting after 1 March 2026. |
[ ] |
Track the 5-month mark for new tenancies. |
|
Rent Cap |
Check next increase uses the lower of inflation or 2%. |
[ ] |
Run the RTB Rent Calculator. |
|
Review Rule |
Ensure a full 12 months have passed since the last rent setting. |
[ ] |
Check your calendar records. |
|
Notice Service |
Send notices to the tenant and RTB on the exact same day. |
[ ] |
Save your email “Sent” logs or postal receipts. |
|
Market Reset |
Ensure departing tenants sign an “Exit Declaration” if leaving voluntarily. |
[ ] |
Keep these signed declarations safe. |
|
Rent Register |
Find 3 comparable properties on the RTB register before resetting rent. |
[ ] |
Note the floor area and BER for each. |
|
Statutory Declaration |
Swear any necessary termination documents in front of a solicitor. |
[ ] |
Contact us to arrange your declaration. |
|
Housing Standards |
Ensure you have a valid BER and a working maintenance log. |
[ ] |
Book any expired safety checks. |
|
Revenue/Tax |
Check that RTB data matches your tax returns. |
[ ] |
Speak to your accountant. |
(Status Key: Compliant / Non-Compliant / Unsure – Needs Action)
We know this is a lot to take in. You do not have to figure it out alone. The specialist team at HOMS Assist is on your side, ready to clarify the complex parts and secure a better outcome for you and your private property portfolio. Get in touch today.
About the author: William Donovan is a seasoned Conveyancing Solicitor and Property Law Expert at HOMS Assist, with nearly three decades of experience in residential property transactions and compliance. His deep understanding of the Residential Tenancies Act 2026, showcased in this guide, reflects his commitment to providing clear, actionable advice to private landlords navigating Ireland’s evolving legal landscape.
