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Legislative Reviews

Dáil Éireann Debate, Tuesday - 9 April 2019

Tuesday, 9 April 2019

Questions (69, 114)

Paul Murphy

Question:

69. Deputy Paul Murphy asked the Minister for Housing, Planning and Local Government his views on whether a review of legislation is required to ensure greater fixture of tenure and greater limitations on multiple evictions in view of the developments at a location (details supplied); and if he will make a statement on the matter. [16380/19]

View answer

Paul Murphy

Question:

114. Deputy Paul Murphy asked the Minister for Housing, Planning and Local Government if a review of the rights of tenants to improve rent certainty will be supported in view of the mass evictions taking place at a location (details supplied); and if he will make a statement on the matter. [16381/19]

View answer

Written answers

I propose to take Questions Nos. 69 and 114 together.

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2016 to operate a national tenancy registration system and to resolve disputes between landlords and tenants.  

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 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no valid 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 accordance with the grounds for terminations set out in the table to that section.

The so-called ‘Tyrrelstown amendment', included in the Planning and Development (Housing) and Residential Tenancies Act 2016, provides a proportionate and justifiable limit to the legal right of landlords to use the 'intention to sell' ground to terminate a tenancy.  Where a landlord proposes to sell 10 or more units within a single development at the same time, that sale is subject to the existing tenants remaining in situ, other than in exceptional circumstances.

The Residential Tenancies (Amendment)(No. 2) Bill 2018 published last December aims to deliver on a number of commitments flowing from Rebuilding Ireland and commitments I made to provide the RTB with additional powers and resources to deliver enhanced protections to both tenants and landlords.

While extending the scope of the "Tyrrelstown amendment" is legally problematical and is therefore not provided for in the Bill, the Government has approved a range of amendments, including provisions to strengthen further the arrangements in relation to security of tenure for tenants and enforcement mechanisms under the Acts.  These amendments will be introduced at Dail Committee Stage of the Bill which is scheduled to be taken later this week.  Thereafter, the Government will be working to ensure that the Bill completes its passage through both Houses as quickly as possible, supporting the stability of the private rental sector in the interests of tenants and landlords alike.  

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