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Dáil Éireann debate -
Tuesday, 7 May 1991

Vol. 407 No. 9

Written Answers. - Landlord and Tenant Legislation.

Richard Bruton

Question:

36 Mr. R. Bruton asked the Minister for the Environment whether he has satisfied himself that the present landlord and tenant legislation is adequate in dealing with tenants of long standing who have not yet reached 20 years tenancy, particularly in the light of a case (details supplied) in Dublin 3; and if he will consider changes to provide some extra protection in such cases in the forthcoming Housing Bill.

Eamon Gilmore

Question:

168 Mr. Gilmore asked the Minister for the Environment in view of a recent case (details supplied) where a new owner attempted to detenant apartments, many of which are occupied by elderly people; and if, in view of this, he will speed up the introduction of legislation to protect the tenure of tenants in the private sector.

I propose to take Questions Nos. 36 and 168 together.

The rights of a tenant must, in the first place, be determined by reference to the terms of the lease or other tenancy agreement under which the tenancy is held. Tenants of dwellings affected by the finding that the Rent Restrictions Acts were unconstitutional have their rights to tenure protected under the provisions of the Housing (Private Rented Dwellings) Act, 1982. These rights are not affected where there is a change of ownership. I have no proposals to bring in corresponding provisions in relation to other tenants in private rented accommodation who, when they have been tenants for 20 years or more, may have tenure rights under the landlord and tenant code which is the responsibility of the Minister for Justice.

The proposals in A Plan for Social Housing to introduce additional safeguards for tenants in the private rented sector relate to the introduction of mandatory rent books, statutory minimum standards of accommodation, and a minimum notice to quit of four weeks.

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