Tuesday, 23 May 2017

Questions (296)

Thomas P. Broughan

Question:

296. Deputy Thomas P. Broughan asked the Minister for Housing, Planning, Community and Local Government if he has directed or will direct the Housing Agency to monitor tenancies ended through eviction when the landlord signs a statutory declaration that they are selling the property and that these sales take place and tenancies are not readvertised; and if he will make a statement on the matter. [24441/17]

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Written answers (Question to Housing)

The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The Housing Agency has no statutory role in relation to termination of tenancies in the private rented sector.

Section 56 of the Residential Tenancies Act 2004 provides for situations where there is an abuse of the termination procedure in Section 34 of the Act.  For example, where a landlord serves a notice of termination, accompanied by a statutory declaration, on the grounds that they intend to sell the property and subsequently does not do this within the specified time, a tenant may bring a complaint to the RTB that they have been unjustly deprived of possession of a dwelling by their landlord. On the hearing of the complaint the RTB, if it considers it proper to do so, may make a direction that damages are paid to the tenant; that the tenant be permitted to resume possession of the dwelling, or both of the foregoing directions. There are no plans to amend these provisions at this time.