PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020

REVISED

Updated to 9 July 2021

PLANNING AND DEVELOPMENT, AND RESIDENTIAL TENANCIES, ACT 2020

REVISED

Updated to 9 July 2021

An Act to amend section 11 of the Planning and Development Act 2000; to provide, in connection with the crisis occasioned by the spread of the disease known as Covid-19, for the disregard, during such period or periods as are specified by order or orders of the Government made in the public interest, of certain periods of time mentioned in the Planning and Development Act 2000 and certain other enactments; to amend Part XA of the Planning and Development Act 2000 for the purpose of requiring An Bord Pleanála to refuse an application for substitute consent in the absence of exceptional circumstances and enabling members of the public to make submissions and observations in relation to the question as to whether such circumstances exist; to increase notice periods in relation to notices of termination served on tenants under tenancies of dwellings during the period from 11 January 2021 to 12 April 2021 for failure to pay rent due and to prohibit increases in rents on tenancies of dwellings during that period and, for those purposes, to amend the Residential Tenancies Act 2004; and to provide for matters connected therewith.

[19th December, 2020]

WHEREAS the disease known as Covid-19 continues to present a serious risk to public health, and the transmission thereof has proven difficult to prevent;

WHEREAS it continues to be necessary for the State to be in a position to respond quickly to surges in transmission of the disease by the adoption of extraordinary measures and safeguards aimed at containing that disease and preventing, minimising and reducing the risk of infection of persons with the disease, and to put in place contingency measures in order to ensure the continued effective operation of certain enactments during any period or periods when such surges in transmission occur or such extraordinary measures and safeguards are in effect;

WHEREAS the crisis occasioned by the spread of the said disease is causing and will continue to cause significant harm to the economy of the State and has, thus far, resulted in a substantial increase in the number of persons who have become unemployed;

WHEREAS the rise in unemployment among persons who reside in residential tenancy accommodation has had an adverse impact on the ability of such persons to meet their obligations to pay rent due, thereby presenting an imminent risk that a significant number of residential tenancies will be terminated by landlords;

WHEREAS any significant increase in terminations of residential tenancies accommodation by landlords increases the likelihood that the former occupants of such accommodation would have great difficulty securing alternative accommodation which could cause acute aggravation of difficulties in the residential accommodation sector including difficulties relating to overcrowding, thereby presenting a substantial risk of spread of that disease with a consequent need for measures to counter its spread that would likely have further adverse economic consequences for the State;

WHEREAS the State has already taken significant measures to deal with the aforementioned crisis including measures to support the economy that have required and continue to require substantial disbursement and expenditure of public moneys;

WHEREAS the Oireachtas has, with regard to sections 5 and 16 of this Act, taken account of the matters referred to in the first and second of the foregoing recitals; and

WHEREAS the Oireachtas has, with regard to Part 3 of this Act, taken account of the matters referred to in the first, third, fourth, fifth and sixth of the foregoing recitals;

Be it enacted by the Oireachtas as follows: