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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 15 June 2004

Tuesday, 15 June 2004

Questions (517)

Seán Haughey

Question:

569 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government when the provisions of the Residential Tenancies Bill 2003 for anti-social behaviour by tenants will be brought into force; the person who will be responsible for enforcing this law; and if he will make a statement on the matter. [17762/04]

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Written answers

While it may be appropriate to commence some provisions of the Residential Tenancies Bill earlier than others for practical reasons, I intend that provisions of the Bill will be brought into force as soon as possible after enactment.

Landlords are, in the first instance, responsible for enforcing the obligations that apply to their tenants. Anti-social behaviour will be grounds for termination of the tenancy by the landlord and serious anti-social behaviour will entitle the landlord to terminate the tenancy with only seven days' notice, regardless of the duration of the tenancy. The notice period will be 28 days in the case of less serious, but persistent, behaviour where the tenant has been advised of the breach of his or her tenancy obligations and failed to remedy the behaviour within the time specified by the landlord.

If the tenant fails to vacate the dwelling on foot of the ensuing notice of termination, the landlord may refer a dispute to the private residential tenancies board. The Bill also gives third parties who are affected by anti-social behaviour a right to take a case to the private residential tenancies board against a landlord who, having been advised of the problem, failed to enforce the tenancy obligations of the tenant for such behaviour. The board after hearing a dispute relating to anti-social behaviour will issue a determination order regarding the matter and, if its order is not complied with, it will, at the request of an affected party, apply to the Circuit Court for an enforcement order.

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