Affordable Housing Act 2021 (Cost Rental Rent Setting) Regulations 2021.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Affordable Housing Act 2021 (Cost Rental Rent Setting) Regulations 2021.
(2) These Regulations shall come into operation on 1 January 2022.
num: 2
paragraphs: In these Regulations, “Act of 2021” means the Affordable Housing Act 2021 (No. 25 of 2021).
num: 3
paragraphs: In the case of the initial setting of the rent under a cost rental tenancy in accordance with section 33(4)(a) of the Act of 2021, a landlord shall set a rent that is not greater than the initial maximum rent set out in the cost rental designation of the dwelling concerned, plus an amount determined in accordance with the following formula:
A is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the month on which the initial rent for the tenancy is set in compliance with this Regulation,
B is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the month on which the cost rental designation of the dwelling concerned was sealed by the Minister for Housing, Local Government and Heritage, and
C is the initial maximum rent in euros set out in the cost rental designation of the dwelling concerned.
num: 4
paragraphs: In the case of the first setting of the rent under a cost rental tenancy by way of a review in accordance with section 33(4)(b) of the Act of 2021, a landlord shall set a rent that is not greater than the rent set by the initial setting of the rent under Regulation 3, as set out in the tenancy agreement for the dwelling concerned, plus an amount determined in accordance with the following formula:
A is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the earlier of the following:
(a) the date on which the relevant rent review notice referred to in section 33(9) of the Act of 2021 and prescribed by Regulation 9 is signed by the landlord or his or her authorised agent;
(b) the date from which the rent set by way of a review in compliance with this Regulation is to have effect, as set out in tenancy agreement for the dwelling concerned or in accordance with section 33(8) of the Act of 2021, as appropriate,
B is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the month of the initial setting of the rent under the tenancy in compliance with Regulation 3, and
C is the rent in euros set by the initial setting of the rent under the tenancy, as set out in the tenancy agreement for the dwelling concerned.
num: 5
paragraphs: In the case of a second or subsequent setting of the rent under a cost rental tenancy by way of a review in accordance with section 33(4)(c) of the Act of 2021, a landlord shall set a rent that is not greater than the rent set by the previous setting of the rent by way of a review, plus an amount determined in accordance with the following formula:
A is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the earlier of the following:
(a) the date on which the relevant rent review notice referred to in section 33(9) of the Act of 2021 and prescribed by Regulation 9 is signed by the landlord or his or her authorised agent;
(b) the date from which the rent set by way of a review in compliance with this Regulation is to have effect, as set out in tenancy agreement for the dwelling concerned or in accordance with section 33(8) of the Act of 2021, as appropriate,
B is the value of the Harmonised Index of Consumer Prices as published by the Central Statistics Office for the end of the month immediately preceding the month on which the rent was previously set by way of a review in compliance with this Regulation or Regulation 4, as appropriate, as set out in the previous rent review notice, and
C is the rent in euros set by the previous setting of the rent by way of a review, as set out in the previous rent review notice.
num: 6
paragraphs: Where the value of the Harmonised Index of Consumer Prices for the end of the month immediately preceding the month mentioned in Regulation 3, 4 or 5, as the case may be, has yet to be published by the Central Statistics Office, the landlord may use the latest available figure for that index preceding the relevant date.
num: 7
paragraphs: In a case where a tenancy agreement for a cost rental tenancy does not specify the date on which the initial rent for the tenancy is set, it shall be taken for the purposes of Regulation 3 or 4, as the case may be, to be the date on which the contract was completed by the signatures of both landlord and tenant.
num: 8
paragraphs: In a case in which relevant details of the previous setting of the rent by way of a review cannot be conclusively established, whether due to the absence of documents or for whatever reason, a landlord may treat the setting of the rent by way of a review as the first such setting of rent by way of a review in compliance with Regulation 4.
num: 9
paragraphs: The notice set out in the Schedule is prescribed as the form of the rent review notice for the purposes of section 33(9) of the Act of 2021.
num: 10
paragraphs: The notice prescribed by Regulation 9, required under section 33(9) of the Act of 2021 to be served by a landlord or his or her authorised agent on the tenant of a cost rental tenancy, shall be sent to or served on the tenant either—
(a) by sending it within the State by prepaid registered post addressed to the tenant at the address of the dwelling concerned, or
(b) by electronic mail to an email address where the tenant has given prior consent in writing to the notice being served on him or her in that manner.
num: 11
paragraphs: In a case of multiple tenants who are jointly and severally liable under the cost rental tenancy, the notice prescribed by Regulation 9 shall be sent or served either -
(a) by post addressed jointly to all of the tenants or any one of them, in accordance with Regulation 10(a), or
(b) by electronic mail to an email address to one or more of the tenants, in accordance with Regulation 10(b).