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Private Rented Accommodation

Dáil Éireann Debate, Wednesday - 24 March 2021

Wednesday, 24 March 2021

Questions (705)

Robert Troy

Question:

705. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if eviction proceedings can advance in relation to tenants who have not paid rent since before the period of Covid-19 restrictions; if special arrangements have been made to assist landlords in cases in which tenants have made no effort to contribute to rental agreements, have ignored orders to vacate and are in effect squatting; and if he has considered introducing financial supports for landlords in such circumstances. [15352/21]

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Written answers

The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020. The Act aims to mitigate the impact of Covid-19 on tenants and to support the Government's efforts to restrict the movement of people in order to suppress the spread of this virus.

The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent any notices of termination served by landlords, in all but limited cases such as anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations.

Once the Minister for Health makes regulations restricting movement outside a 5 km radius of one's place of residence, the moratorium on evictions taking place takes effect under the Residential Tenancies Act 2020.

A moratorium on evictions taking place is currently in operation throughout the country from 31 December 2020 to 15 April 2021, with limited exceptions. The provisions of the Residential Tenancies Act 2020 have been reinstated on foot of the 5km restrictions on people’s movements under the following regulations:

- the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020);

- the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 2) Regulations 2021 – (S.I. No. 29 of 2021); and

- the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) (Amendment) (No. 3) Regulations 2021 - (S.I. No. 95 of 2021).

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 Money Advice and Budgeting Service (www. MABS.ie) and the Department of Social Protection (D/SP) as income supports such as Rent Supplement are available to assist them. Further information on these supports can be found by calling the D/SP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the D/SP website at: www.gov.ie/en/organisation/department-of-social-protection/.

Section 4 of the Residential Tenancies Act 2020 provides that where a valid termination notice was served before the commencement of an emergency period under that Act (i.e. before 31 December 2020, in the context of the current emergency period), and the notice period has expired by that date but the tenant remains in occupation, he or she 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 April 2021), subject to any further extension to the emergency period in line with any extension to the 5 km travel restriction under Section 31A Health Regulations. The usual terms and conditions of the tenancy apply during such a period of occupation.

On 9 March 2021, the Government approved the publication of the Residential Tenancies Bill 2021 with a view to early enactment before 13 April 2021. Section 2 of this Bill provides that the Residential Tenancies Act 2020 does not protect tenants in breach of their obligation to pay rent.

Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA) was enacted on 19 December 2020 to provide for temporary modifications to the operation of the Residential Tenancies Act 2004 to provide, subject to certain conditions, that during the period from 11 January to 12 April 2021 a 90 day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. The earliest termination date allowed in such circumstances is 13 April 2021. Rent increases are also prohibited for relevant tenancies until 13 April 2021, with no back-dating allowed. These protections are designed to better balance the legal rights of landlords and tenant; a guidance document on the PDRTA is available on the RTB's website - www.rtb.ie.

The protections under the PDRTA do not apply to a tenant who owed an amount of rent equal to 5 or more months’ rent on 10 January 2021. The PDRTA provides for a number of scenarios, set out at the weblink below - in which a landlord can make a declaration to the Residential Tenancies Board (RTB) and to the tenant with the effect that the PDRTA protections cease to apply in respect of the tenant - www.rtb.ie/emergency-measures-ended-new-protections-introduced-for-the-rental-sector/latest-rent-arrears-procedures-requirements-and-protections.

Section 1 of the Residential Tenancies Bill 2021 proposes to extend the application of the PDRTA protections until 12 July 2021.

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