Dáil Éireann Debate, Wednesday - 20 February 2019
263. Deputy Bernard J. Durkan asked the Minister for Housing, Planning and Local Government the steps that will be taken to ameliorate the situation affecting families becoming homeless through buy-to-let repossessions; and if he will make a statement on the matter. [8716/19]
View answerThe appointment of a receiver to a dwelling can cause confusion and distress to tenants and in circumstances where a receiver is appointed to a rented dwelling, it is essential that the rights of tenants are protected.
A number of measures have been introduced in recent years with the objective of improving security of tenure for tenants. Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no notice of termination having been served during that time. Section 34 provides that a landlord must state a reason for the termination in any notice served, in line with those set out in section 34 of the Act.
The so-called ‘Tyrrelstown amendment', included in the 2016 Planning and Development (Housing) and Residential Tenancies Act, already limits the ability of landlords to use the grounds of sale to terminate tenancies, provided for in section 34 of the Residential Tenancies Act. Where a landlord proposes to sell 10 or more units within a single development at the same time, that sale will now be subject to the existing tenants remaining in situ, other than in exceptional circumstances.
The Residential Tenancies (Amendment) Act 2015 provided for notice periods for the termination of further Part 4 tenancies, i.e. tenancies that extended beyond 4 years, to be extended pro rata in line with the length of the tenancy, subject to caps of 224 days for termination by landlords and 112 days for terminations by tenants (previously 112 days for landlords and 56 days for tenants).
My Department established a working group with representation from the Departments of Justice & Equality, Finance, and Business, Enterprise & Innovation, the Office of the Attorney General and the Residential Tenancies Board, to examine the scope for amending legislation to provide for greater protection of tenants’ rights during the receivership process, e.g. by ensuring that persons appointed as receivers will be required to fulfil some of the obligations of a landlord. The Working Group has finalised its report, which is now under my consideration. Some changes to legislation within the remit of other Departments may also be required.
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Section 56 of the Act provides that, where there is an abuse of the termination procedure in section 34, a tenant may bring a complaint to the RTB on the basis that they have been unjustly deprived of possession of a dwelling by their landlord.
Further information from the RTB is available at https://onestopshop.rtb.ie/ and through the RTB helpline - Lo-call on 0818 30 30 37 (mobile operators may charge a premium rate to the Lo-call number) or 01 702 8100 - available from Monday to Friday, 8:30am to 6.30pm.
The national housing charity, Threshold, operates the Tenancy Protection Service (TPS) which is a national service providing advice and support to households living in private rented accommodation who are experiencing tenancy problems, including where a tenancy is at risk of termination. The TPS seeks to protect existing tenancies and keep tenants in their homes. The TPS helpline on free-phone 1800 454 454 – available from Monday to Friday, 9am to 9pm. Further information is also available at www.threshold.ie.
Households at risk of becoming homeless can seek assistance from their local authority. Any household assessed as eligible for social housing is immediately eligible for housing support through the Housing Assistance Payment (HAP) scheme. Once a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household in the administrative area of that local authority. This includes determining whether it is appropriate to refer a household to the Homeless HAP Place Finder service, which is a targeted support for households in emergency homeless accommodation, or who are at immediate risk of entering emergency accommodation, who may find it difficult to secure accommodation via the HAP scheme.
The Homeless HAP Placefinder can engage directly with property owners, support qualified households to find suitable tenancies and ensure that any additional supports that may be needed are put in place. The Place Finder Service can assist by paying deposits and advance rental payments, within HAP limits.
In the Dublin region, tenants can contact the Dublin Regional Homeless Executive's Central Placement Service homeless helpline at 1800-707-707.
