Regulation of Providers of Building Works and Building Control (Amendment) Bill 2022: Report and Final Stages
I welcome the Minister of State to the House. For the information of Members, please note that the House, by agreeing to the motion to recommit, allows a Committee Stage style discussion on the amendments Nos. 3, 4, 9 and 10, that is, Members may speak more than once on each amendment.
In respect of other amendments, I remind Senators that on Report Stage a Senator may speak only once, except the proposer of the amendment who may reply to the discussion on the amendment. On Report Stage, each non-Government amendment must be seconded.
Government amendment No. 1 arises out of committee proceedings. Amendments Nos. 1, 5 and 7 are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 1:
In page 9, line 15, to delete “Clár Tionscal Tógála na hÉireann” and substitute “Clár Tionscail Foirgníochta na hÉireann”.
Amendments Nos. 1, 5 and 7 are technical corrections to correct the Irish language version of the name of the register known in the English language as the Construction Industry Register Ireland from “Clár Tionscal Tógála na hÉireann” to “Clár Tionscail Foirgníochta na hÉireann”.
Amendment agreed to.
Government amendment No. 2:
In page 9, line 28, to delete “for” and substitute “to enable”.
Amendment agreed to.
Bill recommitted in respect of amendments Nos. 3 and 4.
Amendments Nos. 3, 4, 9 and 10 arise out of committee proceedings. They are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 3:
In page 9, line 29, after “disregarded;” to insert the following:
“to amend the Residential Tenancies Act 2004 by providing for an increase of the notice period for termination of certain tenancies, to require landlords to serve a copy of any notice of termination on the Board, and to enable the Board to assist in providing contact details of tenants to landlords for the purpose of facilitating a reletting offer; to amend the Housing (Regulation of Approved Housing Bodies) Act 2019 by providing for an increase of the period permitted for an application for registration as an approved housing body;”.
Amendment No. 3 provides for necessary amendments to the Long Title to reflect the insertion of Parts 11 and 12 into the legislation via amendments Nos. 9 and 10.
Amendment No. 4 amends section 1 to provide that the new Parts 11 and 12 will not come into operation on foot of a commencement order signed by the Minister for Housing, Local Government and Heritage but will instead come into operation on the day after the passing of this Bill by the Houses of the Oireachtas. The relevant Parts provide for such commencement.
The aim is to bring Parts 11 and 12 into operation at the earliest juncture.
Amendment No. 9 is to insert into the Bill a new Part 11 to provide for a number of amendments to the Residential Tenancies Act 2004 to, inter alia, do the following: increase the notice period to be given by landlords when terminating certain tenancies; require landlords to serve a copy of any notice of termination on the board; and enable the board to assist in providing contact details of tenants to landlords for the purpose of facilitating a reletting offer.
Amendment No. 10 is to insert into the Bill a new Part 12 to provide for a number of amendments to the Housing (Regulation of Approved Housing Bodies) Act 2019 to increase by 12 months the period permitted for an application to be made to register as an approved housing body.
This is a welcome amendment on the notice periods for tenants. There are significant increases in the notice period protections for tenants: from less than six months up to 90 days; not less than six months but less than a year up to 152 days; not less than one year but less than seven years up to 180 days; not less than seven years but less than eight years up to 196 days; and not less than eight years up to 224 days. These are significant increases in the notice periods and given the climate we are in and the fact that there is a dwindling number of rental properties in the market, giving tenants an additional period of time to source alternative private rental accommodation is a welcome move by Government, which I fully support.
I also welcome these amendments. I suspect that they are probably in response to the increasing numbers of people getting notices to quit. It is welcome that notice periods are being extended but it will only delay people presenting as homeless; it will not stop notices to quit. For those reasons it is probably right that I articulate that we need to put a month's rent back into people's pockets and to bring down rents in that way. We should ban rent increases in addition to extending notice periods. I do not know if housing rights groups or tenants' groups were notified about these amendments. As far as I am aware they were not and this move took us by surprise, which is somewhat unusual. We welcome the amendments and I commend the Minister of State for bringing them forward.
I also welcome these amendments. They come after other amendments that have been put in place by this Government over the course of the last year or so to protect renters, enhance their protections and increase their security of tenure, which is welcome. The protections that were put in place are all welcome and include: additional notice periods; caps on rent increases; and the extension of the rent pressure zones. They go a long way to helping with increasing renters' security of tenure. The leases of indefinite duration are also important.
The reality is that there would be no hope for people if we had not passed Housing for All and if the Government had not committed €20 billion to deliver: improved conditions for renters; a massive increase in the social housing stock; the introduction for the first time ever of a cost rental model; and an increase of affordable and private housing. For people who are renting and who want to have the security of knowing they are living in a place that is their home, these measures help them in the short term but the only way we can give people real security of tenure is by increasing the housing stock and we all know that. I welcome these amendments and I encourage the Minister of State and the Government to press on with Housing for All and the housing delivery increases we need to see.
Senator Cummins wants to come back in as this is a recommittal.
I will not get into a big back and forth debate with Senator Warfield but I must make some important points in response to what he has outlined, particularly on banning rent increases.
We all want lower rents and that is why the Government is introducing cost rental and why we have moved to a situation where we have indexed rent increases to the consumer price index, or 2%, whichever is less. We have to point out that for every action there is an equal and opposite reaction. We do not have to look too far to Germany, where the left-wing Berlin Government introduced a rent freeze and banned rent increases overnight. What that did within a 12-month period was reduce the rental stock by up to 60% in Berlin, making it far more difficult for people to find the rental properties we are talking about.
It is all well and good to put things out there but when one is in government one has to balance all the competing interests. We have struck that balance and we have to do so on both sides, in favour of the tenant and the landlord. There are many ways that money can be put back in renters' pockets and one of the ways it can be done is through taxation. That is why I hope the Government will look at income taxes, particularly for those squeezed middle income earners who work the extra bit of overtime in the factory and end up in the higher tax bracket of 52%. There are many ways we can address the issue but if we are going to have a debate on it then it needs to an honest and informed debate on what has happened in other jurisdictions in response to what is being touted by some in the Opposition.
I might reply to a number of the matters that have been raised and I welcome the comments of Members and the support for these amendments.
The amendments seek to give additional protections to tenants with additional notice periods. On the point raised by Senator Warfield, the results of the review are set out in the legislation, and stakeholders were consulted. There has been good consultation with stakeholders on this. A further review of the notice periods is built into this legislation so I want to give assurances on that issue.
The points were well made on the issue of supply and cost rental. There are many elements that are built into Housing for All, which is gaining significant momentum, and the Minister, Deputy Darragh O'Brien, has taken initiatives on constraining bulk buying and other elements that distort the market.
Senator Cummins is correct that we have to look at the experience of other jurisdictions, which we have done and which has informed our decisions. Cost rental is based on a similar model to the one that was initiated in Vienna so we are looking to other jurisdictions in how we frame our housing policy, in how we protect tenants and renters and in how we have a vibrant rental market in Ireland.
Amendment agreed to.
Government amendment No. 4:
In page 10, line 6, after “Act” to insert “other than Parts 11 and 12,”.
Amendment agreed to.
Bill reported with amendments.
Government amendment No. 5:
In page 15, lines 15 and 16, to delete “Comhlacht Clárúcháin an Tionscail Fiorgníochta” and substitute “Comhlacht Clárúcháin an Tionscail Foirgníochta”.
Amendment agreed to.
Amendment No. 6 has been ruled out of order.
Amendment No. 6 not moved.
Government amendment No. 7:
In page 29, line 36, to delete “Clár Tionscal Tógála na hÉireann” and substitute “Clár Tionscail Foirgníochta na hÉireann”.
Amendment agreed to.
Amendment No. 8 has been ruled out of order.
Amendment No. 8 not moved.
Bill recommitted in respect of amendments Nos. 9 and 10.
Government amendment No. 9:
In page 81, after line 12, to insert the following:
“PART 11
AMENDMENT OF RESIDENTIAL TENANCIES ACT 2004
Definition (Part 11)
91. In this Part, ‘Act of 2004’ means the Residential Tenancies Act 2004.
Amendment of section 34 of Act of 2004
92. Paragraphs 4(b), 5(b) and 6(b) of the Table to section 34 of the Act of 2004 are each
amended—
(a) by the deletion of “the contact details requirement is complied with and”, and
(b) in subparagraph (ii), by the insertion of “1A,” after “paragraph 1,”.
Amendment of section 35 of Act of 2004
93. (1) Section 35 of the Act of 2004 is amended—
(a) by the deletion of subsection (5),
(b) in subsection (6), by the insertion of “not exceeding 7 days” after “reasonable
period”,
(c) by the insertion of the following subsection after subsection (6):
“(6A) If an offer such as is referred to in paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, is not accepted (within such reasonable period not exceeding 7 days as shall be specified for that purpose in the offer) by the former tenant concerned, there is no
tenancy agreement and the former tenant is not entitled to occupy the dwelling.”,
(d) in paragraph (aa) of subsection (8)—
(i) by the deletion of subparagraph (i), and
(ii) in subparagraph (iii), by the insertion of “1A,” after “paragraph 1,”,
(e) by the substitution of the following subsection for subsection (11):
“(11) (a) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination, the landlord shall comply with subsection (1)
of section 39A.
(b) A notice of termination referred to in paragraph (a) served in contravention of subsection (1) of section 39A shall be invalid.”,
and
(f) by the insertion of the following subsections after subsection (11):
“(12) Upon receipt of a copy of a notice of termination under section 39A, for the purpose of facilitating the making of an offer referred to in
paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, the Board shall—
(a) invite the tenant concerned, to confirm or provide, as appropriate, his or her contact details in writing to the Board, and
(b) request the consent of the tenant to the provision of his or her contact details by the Board to the landlord upon request.
(13) Where a landlord is required to make an offer referred to in paragraph
(aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table, but cannot contact the tenant concerned despite having made reasonable
inquiry to ascertain the tenant’s current contact details, he or she shall, for the purpose of making that offer, make a request in writing to the
Board seeking the contact details of the tenant.
(14) Where a landlord makes a request under subsection (13), the Board
shall—
(a) where the tenant concerned has provided his or her contact details and consent under subsection (12) or pursuant to a notice under paragraph (b), provide the contact details of the tenant to the landlord as soon as practicable on or after the date of the request, or
(b) where the tenant concerned has not provided his or her contact details or consent under subsection (12), as soon as practicable on
or after the date of the request, notify the tenant that—
(i) a request under subsection (13) has been received, and
(ii) unless the tenant provides his or her contact details and consent under subsection (12) to the Board within a period of 7 days after the date of the notice, the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.
(15) Where the contact details of a tenant cannot be ascertained by reasonable inquiry by a landlord or by the Board under subsection (12)
or (14), the landlord shall not be required to make an offer under paragraph (aa) of subsection (8), or paragraph 4(b), 5(b) or 6(b) of the Table.”.
(2) The amendments to section 35 of the Act of 2004 under subsection (1) shall apply to a notice of termination served on or after the commencement of subsection (1).
Amendment of section 39A of Act of 2004
94. Section 39A of the Act of 2004 is amended—
(a) in subsection (1), by the deletion of “for failure by the tenant to comply with paragraph (a) of section 16”, and
(b) in subsection (2), by the insertion of “, the period after which, under section 80, a dispute may not be referred to the Board and give the tenant and the landlord a copy of the statement given under paragraph (e) of subsection (4) of section 135” after “section 76”.
Amendment of section 65 of Act of 2004
95. (1) Section 65 of the Act of 2004 is amended, in subsection (4), by the substitution of “90 days” for “70 days”.
(2) The amendment of section 65 of the Act of 2004 under subsection (1) shall apply to a
notice of termination served on or after the commencement of subsection (1).
Amendment of section 66 of Act of 2004
96. (1) Section 66 of the Act of 2004 is amended by the substitution of the following Table for Table 1.
"Termination by Landlord
|
Duration of Tenancy
(1)
|
Notice Period
(2)
|
|
Less than 6 months
|
90 days
|
|
Not less than 6 months but less than one year
|
152 days
|
|
Not less than one year but less than 7 years
|
180 days
|
|
Not less than 7 years but less than 8 years
|
196 days
|
|
Not less than 8 years
|
224 days
|
".
(2) The amendment of Table 1 to section 66 of the Act of 2004 under subsection (1) shall apply to a period of notice to be given in a notice of termination served by a landlord on a tenant on or after the commencement of subsection (1).
(3) The Minister shall—
(a) not earlier than 2 years and not later than 3 years after the coming into operation of subsection (1), commence a review of the operation of the amendments of section 66 effected by that subsection,
(b) not later than 6 months after the commencement of the review, prepare a report in writing of the findings of the Minister resulting from the review and his or her conclusions drawn from the findings, and
(c) cause a copy of the report referred to in paragraph (b) to be laid before each House of the Oireachtas.
Amendment of section 67 of Act of 2004
97. Section 67 of the Act of 2003 is amended by the deletion of subsection (3C).
Amendment of section 80 of Act of 2004
98. (1) The Act of 2004 is amended by the substitution of the following section for section
80—
“80. A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after—
(a) where section 67 or 68 applies, the period of 28 days, or
(b) in all other cases, the period of 90 days, has elapsed from the date of receipt of that notice.”.
(2) The amendment of section 80 of the Act of 2004 under subsection (1) shall apply to a notice of termination served on or after the commencement of subsection (1).
Collective citation, construction and commencement of Part 11
99. (1) This Part shall come into operation on the day after the date of the passing of this Act.
(2) The Residential Tenancies Acts 2004 to 2021 and this Part may be cited together as the Residential Tenancies Acts 2004 to 2022 and shall be construed together as one.”.
Amendment agreed to.
Government amendment No. 10:
In page 79, after line 12, to insert the following:
“PART 12
Amendment of
Housing (Regulation of Approved Housing Bodies) Act 2019
Amendment of section 34 of
Housing (Regulation of Approved Housing Bodies) Act 2019
100. Subsection (6) of section 34 of the Housing (Regulation of Approved Housing Bodies) Act 2019 is amended—
(a) in paragraph (a), by the substitution of “2 years” for “12 months”,
(b) in paragraph (b), by the substitution of “3 years” for “2 years”,
(c) in paragraph (c), by the substitution of “4 years” for “3 years”, and
(d) in paragraph (d), by the substitution of “4 years” for “3 years”.
Commencement of
Part 12
101. This Part shall come into operation on the day after the date of the passing of this Act.”.
Amendment agreed to.
Pursuant to Standing Order 154, it is reported that the committee has amended the Title to the Bill.
Bill reported with amendments.
When is it proposed to take next Stage?
Bill, as amended, received for final consideration.
When is it proposed to take Fifth Stage?
Question, "That the Bill do now pass", put and agreed to.
Cuireadh an Seanad ar fionraí ar 9.51 a.m. agus cuireadh tús leis arís ar meán lae.
Sitting suspended at 9.51 a.m. and resumed at 12 noon.
