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Departmental Correspondence

Dáil Éireann Debate, Wednesday - 3 February 2021

Wednesday, 3 February 2021

Questions (298)

Joe Carey

Question:

298. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage if a query raised in correspondence by a person (details supplied) will receive a response; and if he will make a statement on the matter. [5730/21]

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Written answers

The Residential Tenancies Acts 2004-2020 regulate 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 Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants. 

The RTB displays comprehensive information on its website - www.rtb.ie - including guidance and frequently asked questions documents relating to terminating tenancies during the Covid-19 pandemic.

A landlord may refer a matter to the RTB for dispute resolution services where the tenancy has been registered. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, to provide legal advice, comment on, or to intervene in the specifics of any individual case. My Department does not provide legal advice. A landlord or tenant might wish to seek independent legal advice in a particular case. 

Section 34 of the Acts provides that a landlord must state a reason for the termination in any tenancy termination notice served, and the termination will not be valid unless that reason relates to one of the following:

- the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;

- the tenant has failed to comply with the obligation to pay rent under the tenancy;

- the landlord intends to sell the dwelling within the next 9 months;

- the dwelling is no longer suited to the needs of the occupying household;

- the landlord requires the dwelling for own or family member occupation;

- vacant possession is required for substantial refurbishment of the dwelling; and/or

- the landlord intends to change the use of the dwelling.

Notices of termination can be served at this time but a termination cannot take effect until after 15 March 2021 (i.e. 10 days after the lifting of the current 5km restriction on travel from home) under the Residential Tenancies Act 2020, subject to certain exceptions. For example, a notice of termination with a 7 day notice period can be served in serious cases of anti-social behaviour and can take effect at this time. Actions to deal with anti-social behaviour, harassment and intimidation are primarily a matter for An Garda Síochána. An Garda Síochána should be contacted, if necessary, to safeguard property.

Section 4 of the Residential Tenancies Act 2020 provides that where a valid termination notice was served before the commencement of an emergency period (i.e. before 31 December 2020, in the context of the current emergency period), the tenant is entitled to remain in occupation during the emergency period and for 10 days following the expiry of the emergency period (i.e. up to and including 15 March 2021; the emergency period could automatically be extended in line with any extension by the Minister for Health under section 31A Health Regulations to the operation of the 5km travel restriction). The usual terms and conditions of the tenancy apply during this time. 

Where a tenancy is to be terminated on grounds of rent arrears, newly enhanced protections and procedures now apply for tenants and landlords under Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020. Comprehensive guidance on these measures is also available on www.rtb.ie.

My Department arranged for a response to issue to the person in question on 28 January.

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