Residential Tenancies Reform 2026: Key Changes

Introduction

The Residential Tenancies (Miscellaneous Provisions) Act 2026 (the “Act”), which came into force on 1 March 2026, introduced important changes affecting new tenancies, rent control rules and the ability of landlords to increase rent.

Tenancies of Minimum Duration

A significant feature of the Act is the creation of tenancies of minimum duration, together with enhanced security of tenure. The effect of this is that any tenancy created on or after the 1st of March will automatically become a six-year rolling tenancy after six months, provided that the tenant has not received a valid termination notice.

The ability of a landlord to terminate the tenancy during the six-year term will depend on the ‘size’ of the landlord. Large landlords, those with four or more tenancies, or corporate entities, may only end the tenancy if a tenant breaches its obligations or the dwelling is no longer suitable. As such, it is not permissible for large landlords to end the tenancy for reasons such as sale, personal use or refurbishment.

Conversely, small landlords, those with a maximum of three tenancies, are afforded greater scope to terminate the tenancy, albeit they may only do so to avoid undue financial hardship, unsuitability of the property or if the landlord or an immediate family member requires the property for dwelling purposes.

Enhanced termination rights are extended to small landlords at the end of the six-year period, which includes selling the property with vacant possession, substantially renovating the property and changing its use.

National Rent Control

The Act also introduces a national rent control system in place of the previous rent pressure zone framework. This new system ensures that annual rent increases for tenancies created on or after the 1st of March may only be increased in line with the Consumer Price Index (“CPI”) or by 2%, whichever of the two is lower.

However, landlords should be aware that newly built apartments or student specific accommodation (commencing on or after the 10th of June 2025) are exempt from the 2% cap, and any increases are solely determined by the CPI.

Setting and Resetting the Market Rent

From the 1st of March, landlords seeking to set or reset the market rent must demonstrate that the rent is in line with similar tenancies in the area and is reflective of local market conditions.

Furthermore, the rent may be reset to the market rate at the end of the six-year cycle and between tenancies provided that the previous tenant ended the tenancy voluntarily or breached their obligations.

However, landlords may not reset the rent to the market rate if there was a tenancy within the previous two years which ended on a ‘no-fault’ basis. This applies, for example, if the landlord intended to sell the property, sought to change the use or simply required the property for an immediate family member.

In Practice

It is important to note that any rental increases will be determined by the date on which the tenancy commenced, and whether the ability to reset to market rent applies.

For private tenancies commencing before the 1 March, rental increases are capped at the lower of 2% or the CPI, where it is not possible to reset the rent to market rent.  

Where a tenancy commenced on or after 1 March, annual rent increases are likewise capped at the lower of the CPI or 2%. However, a reset to the market rent is permitted either at the commencement of a new tenancy (provided a ‘no‑fault’ termination has not occurred) or at the end of the six‑year cycle.

Rental Register

To enable the verification of market rates, the Residential Tenancies Board (“RTB”) has introduced a register containing publicly accessible information in respect of rents and property details.

For greater transparency, landlords are now required to provide both tenants and the RTB with information concerning the previous rent, the date on which the rent was previously set and rental details of three comparable tenancies.

Termination Notices and Rent Reviews

The new legislation also enables landlords to legally serve termination notices and rent reviews on tenants electronically. However, such notices will be deemed invalid unless they are also served on the RTB on the same day they are served on the tenant.

Conclusion

It is anticipated that the 2026 Act will increase supply and investment in the rental market. On a more practical level, the new legislation should provide greater clarity to landlords and tenants in relation to both existing and new tenancies.

While greater protections are extended to tenants, notably in respect of security of tenure and rental control, landlords retain the right to terminate tenancies at any time for breaches of obligations and may still sell a property with a tenant in situ.

Related Insights

We have previously published related articles examining the proposed reforms in the residential rental sector and their anticipated impact. Our earlier insights are available below:

• Residential Tenancies Reform 2025: Latest Developments

• Residential Tenancies Reform 2025: Striking the Right Balance 

Further Information

For expert advice on the recent changes to Residential Tenancy legislation, please contact Partner Greg Flanagan or a member of our Property Team.