Terence Flanagan
Question:408. Deputy Terence Flanagan asked the Minister for Justice and Equality her views on upward only rent reviews (details supplied); and if she will make a statement on the matter. [15495/15]
View answerTuesday, 21 April 2015
Questions (408)
Written answers
The Deputy will recall that the Government made the difficult decision in December 2011 not to proceed with the commitment in the Programme for Government to abolish upward only rent reviews in so called "legacy leases", i.e., those entered into before 28 February 2010. There was a substantial concern that any legislative scheme involving interference in the contractual relationships of private parties would find it extremely difficult to survive a Constitutional challenge. In addition, the Government was advised that any model proposed would require the payment of compensation to landlords whose rights were infringed in order to ensure that the proposal would be compatible with the Constitution and with the European Convention on Human Rights. The situation has not changed since 2011 and, as I have indicated in my replies to previous Parliamentary Questions on the subject of upward only rent review clauses, there are no plans to re-examine the decision taken in 2011.