Dáil Éireann debate -
Wednesday, 6 May 1998

Vol. 490 No. 5

Written Answers. - Tenants' Rights.

Eamon Gilmore

Question:

37 Mr. Gilmore asked the Minister for the Environment and Local Government the plans, if any, he has to provide additional legislative protection for tenants in private rented accommodation, many of whom are being forced out by landlords de-tenanting properties; if, in particular, he will extend the type of protection available under the Housing (Private Rented Dwellings) Act, 1982 to the general body of tenants; and if he will make a statement on the matter. [10504/98]

Minister of State at the Department of the Environment and Local Government (Mr. Molloy)

The rights of tenants in private rented accommodation are determined, in the first place, by reference to the terms of the lease or other tenancy agreement under which the tenancy is held. The landlord and tenant code which governs the relationship between tenant and landlord is the responsibility of the Minister for Justice, Equality and Law Reform.

The general question of security of tenure for tenants of private accommodation requires careful examination of all the considerations involved because of the complexity of the landlord and tenant code and the importance of the issues involved. This is a matter which I propose to have examined in conjunction with the Department of Justice, Equality and Law Reform.

The protection available to tenants under the Housing (Private Rented Dwellings) Act, 1982, relates to those formerly controlled dwellings subject to the provisions of the Rent Restrictions Acts which were found by the courts to be unconstitutional. It would not be in the best interests of the private rented sector to extend these particular provisions to the sector generally and I have no proposals to do so.