The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. Security of tenure under the 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. A landlord may not terminate a Part 4 tenancy except on clearly defined grounds which are set out in the Table to section 34 of the Act. Where any rent owed by a tenant is in arrears for a period of 28 days or more, section 37(2) of the Act provides that the tenancy will be deemed to have been terminated by the tenant if the tenant has vacated the dwelling and no notice of termination has been served by the tenant in respect of the tenancy. Where a tenant considers that their tenancy has been invalidly deemed terminated by a landlord, they may refer a dispute to the Residential Tenancies Board for resolution.
The Programme for a Partnership Government contains a specific commitment to review the regulatory regime for the rented sector to ensure that an appropriate balance is struck between the rights, interests and responsibilities of both tenants and landlords. It is intended to publish a strategy for the rental sector this Autumn, which will chart a path for the future of the rental sector. It will also list the wide ranging actions this Government will take to achieve a mature and stable rented sector which will appropriately balance the rights and responsibilities of landlords and tenants, protect the rights of vulnerable tenants, reflect our changing patterns of housing demand and support continued recovery for our modern economy.
National Protocols for the Discharge of Homeless Persons from Acute Care and Mental Health Services have been developed between the HSE and housing authorities to provide standardised procedures to ensure that discharge from acute and mental health services will not result in homelessness. I understand that these are currently being rolled out nationally by the HSE.
