Are rental properties included in the scheme?

Yes. Rental properties with a tenancy registered with the Residential Tenancies Board (RTB) on or before 1 November 2021 are included in the scheme.

Which rental properties qualify?

The key test is the registration date. If the property had a tenancy registered with the RTB on or before 1 November 2021, it may be eligible.

How long the tenancy was registered does not matter. A property registered for a short time before that date is treated the same as one registered for years.

Section 14 of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 defines a "relevant rental property" as a dwelling that had a tenancy registered with the RTB on or before 1 November 2021. That section sets out the conditions rental properties must meet.

How many properties can I get help with?

Under the enhanced scheme, you can receive help for:

• one principal private residence, and
• one RTB-registered rental property.

For more on what counts as your main home, see does my home need to be my main residence?

What about the rental clawback?

Many landlords are concerned about the rental clawback. Changing it needs new legislation, and no change can be made until the Act is amended.

The next likely point for amendments is after the review of I.S. 465, the standard used to assess damaged blocks. The public consultation on I.S. 465 received over 600 submissions. The NSAI is legally required to review and respond to each one, so the process will take longer than anyone would like.

Once the science behind I.S. 465 is recognised in an updated standard, the scheme will need to change too, and that will need further legislation. Charles Ward TD has said he will press for amendments on the rental clawback at that point, and that it is one of his priorities. You can read more about the science behind defective blocks.

We know these timelines are frustrating. Work continues on the legislative changes needed for justice for everyone affected. If you have questions about your own rental property, check with your local authority or solicitor, or contact us.