Dáil Éireann Debate, Tuesday - 19 January 2016
463. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government to advise on a matter (details supplied) regarding tax relief for landlords; and if he will make a statement on the matter. [2258/16]
View answerThe Finance Act 2015 provides for 100% tax relief in respect of mortgage interest payments on borrowings used by a landlord to fund the purchase, improvement or repair of a residential rental property . The tax relief is available where the property is let to an individual in receipt of rent supplement or housing assistance payment, or leased to a local authority for social housing. In order to avail of this relief, it is necessary for the landlord to submit an undertaking to the Private Residential Tenancies Board (PRTB) that they will let the premises under a qualifying lease for a continuous period of three years in the period from 1 January 2016 to 31 December 2019. The tax relief is also available to landlords for existing qualifying tenants already in place at 31 December 2015. In such cases, the undertaking to the PRTB must be made by 31 March 2016. In the case of new leases commencing on or after 1 January 2016, the undertaking must be made at the time the landlord is required to apply to register the tenancy with the Private Residential Tenancies Board.
Security of tenure under the Residential Tenancies Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy.
Landlords and tenants may not contract out of any of the provisions of Part 4 of the Residential Tenancies Act and no lease, tenancy agreement, contract or other agreement may operate to vary or modify the provisions of Part 4 of the Act. A Part 4 tenancy may only be terminated on specific grounds set out in section 34 of the Act including where, for example, the tenant has failed to comply with the obligations of the tenancy or the landlord intends to sell the dwelling within the next 3 months.
Notice periods for the termination of a tenancy by the landlord vary depending on the duration of the tenancy but periods of up to 224 days are provided for under the Act. Where there is a dispute regarding the appropriate period of notice to be given in respect of a tenancy or the validity of a notice of termination, or where the tenant does not comply with the notice of termination, the dispute may be referred to the Private Residential Tenancies Board for resolution.
