Dáil Éireann Debate, Tuesday - 16 June 2020
1060. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government if he will address issues by which landlords who were in the process of securing eviction orders against non-conforming tenants have had this process suspended due to Covid-19 (details supplied). [10767/20]
View answerWith effect from 27 March 2020, new emergency measures were introduced into law to protect tenants during the COVID-19 emergency period. Rent increases are prohibited and tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances, during the COVID-19 emergency period. Initially, these emergency laws will last for a period of 3 months, but they may be extended if the Government considers it is necessary.
My Department, in collaboration with the RTB, recently published a Guidance Document on COVID-19 supports for landlords and tenants that sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available on the RTB's website at:
https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf.
and a list of Frequently Asked Questions has been developed and is also available on the RTB's website at:
https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf.
Tenants are required to continue to observe the normal terms and conditions of their lease including paying rent to their landlord during the COVID-19 emergency period and, in the event of tenants having difficulty doing so, they are encouraged to engage with their landlords at the earliest opportunity. They should also engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports and Rent Supplement are available to assist them. Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:
www.gov.ie/en/organisation/department-of-employment-affairs-and-social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx.
Where a notice of termination was served before the emergency period, it cannot take effect until after the emergency period unless the termination was grounded on foot of a breach of tenant obligations and the RTB issue a Determination Order validating the termination to proceed during the emergency period.
A landlord can serve their tenant with a warning notice during the emergency period if their tenant is in rent arrears or otherwise failing to fulfil their obligations. The landlord must give their tenant 28 days, rather than the usual 14 days, from receipt of a rent arrears warning notice to pay the arrears. The longer rent arrears warning notice during the emergency period is intended to afford more time for tenants to seek any necessary income support. A notice of tenancy termination cannot be served by a landlord during the emergency period for any reason.
Section 8 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 provides that tenants who have been legally evicted may remain in their accommodation, while continuing to pay rent and continuing to observe the normal terms and conditions of their lease. However, where the RTB determines a dispute in favour of the landlord, a termination may take place during the emergency period.
The emergency rental measures make no change to the enforcement of RTB determination orders through the courts during the COVID-19 emergency period.
