Private Residential Tenancies Board

Dáil Éireann Debate, Tuesday - 2 February 2016

Tuesday, 2 February 2016

Questions (512)

Clare Daly

Question:

512. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the procedures under the Residential Tenancies (Amendment) Act 2015 whereby landlords who claim to be selling a property are penalised if they subsequently re-let it; if a fine is imposed and awarded to the tenant or if the tenant is reinstated; and how the Private Residential Tenancies Board operate this process. [4011/16]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

The Residential Tenancies Act 2004 specifies the grounds upon which a landlord may terminate a tenancy. Section 34 of the Act provides that a landlord may not serve a notice of termination on a tenant except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy; where the landlord intends to sell the property; or where the landlord requires the dwelling for his or her own occupation or for that of a family member.

Section 56 of the 2004 Act provides that where a landlord terminates a tenancy on the ground that he or she intends to enter into an agreement to sell the dwelling, and does not subsequently do so, a tenant may make a complaint to the Private Residential Tenancies Board (PRTB) that they have been unjustly deprived of possession of the dwelling by the landlord. On the hearing of such a complaint, the PRTB may award damages to the tenant, direct that the tenant be permitted to resume possession of the dwelling, or both. Section 118 of the Act provides for the discretion of the PRTB to refuse a direction for possession where such a direction could cause hardship or injustice to another person in possession of the dwelling.

The Residential Tenancies (Amendment) Act 2015 introduced strengthened protections applying to tenancy terminations in order to guard against terminations on false grounds. These measures involve, inter alia, a landlord having to make a statutory declaration as to their intention to sell a property. These provisions are subject to commencement order and will be commenced shortly.