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Proposed Legislation

Dáil Éireann Debate, Thursday - 27 February 2014

Thursday, 27 February 2014

Questions (199)

Noel Grealish

Question:

199. Deputy Noel Grealish asked the Minister for Justice and Equality if he has an update on, or an indicative timescale for, when the landlord and tenant Bill, as shown in the current legislative programme, will be published; if it is intended to deal with both commercial and private landlord/tenant relationships; if he will indicate the nature of the heads of the Bill which have been agreed, or the areas and issues which will be covered in the Bill; and if he will make a statement on the matter. [10159/14]

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Written answers

The position is that the Government approved my proposals for a Landlord and Tenant Law Reform Bill in September 2011 and it is currently being drafted in the Office of the Parliamentary Counsel. The General Scheme of the Bill is available on my Department's website: www.justice.ie.

The objective of the Bill is to update and modernise the general law relating to landlord and tenant by repealing numerous pre-1922 statutes, including the Landlord and Tenant Law Amendment Act Ireland 1860 (commonly known as "Deasy's Act"), as well as statutory provisions of more recent origin and replacing them with a streamlined statutory framework more suited to modern conditions. For example, it will contain provisions which clarify the respective obligations of both landlords and tenants and improve protection levels for tenants. However, since much of the law relating to residential tenancies, including renewal of such tenancies and redress mechanisms, has already been updated in the Residential Tenancies Act 2004 and later amendments to it, the principal impact of the reforms in the new Bill will be felt in the area of commercial tenancies.

I am confident that the reforms set out in the new Bill will reduce legal uncertainty arising from uncertain and obsolete statutes and thereby reduce costly disputes and recourse to litigation.

Unfortunately, due to the complex nature of the proposed legislation, I am not in a position to state when the Bill will be published. However, it is my intention to proceed quickly with enactment of the Bill following publication.

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