Dáil Éireann Debate, Wednesday - 28 April 2021
493. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will advise on the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [22081/21]
View answerThe Residential Tenancies Acts 2004-2021 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. Comprehensive information including guidance and frequently asked questions documents in relation to tenancy terminations during the Covid-19 pandemic and on general tenancy matters is available on the RTB's website - www.rtb.ie.
A tenant or a landlord may refer a matter to the RTB for dispute resolution services.
Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case. 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 dwelling is no longer suited to the needs of the occupying household;
- the landlord intends to sell the dwelling within the next 9 months;
- 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.
The termination notice periods which landlords must provide to tenants are detailed below:
|
Duration of a Tenancy |
Notice Period |
|
Less than 6 months |
28 days |
|
Not less than 6 months but less than one year |
90 days |
|
Not less than one year but less than 3 years |
120 days |
|
Not less than 3 years but less than 7 years |
180 days |
|
Not less than 7 years but less than 8 years |
196 days |
|
Not less than 8 years |
224 days |
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 2004-2021 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. During such times, the required periods of termination notice are "paused". These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations.
A moratorium on evictions taking place was in operation throughout the country from 31 December 2020 until midnight 22 April 2021 (12 April plus the 10 day grace period), with limited exceptions.
Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA) provides 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 July 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 July 2021. Rent increases are also prohibited for relevant tenancies until 13 July 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 Residential Tenancies and Valuation Act 2020 provided similar protections to the PDRTA, referred to directly above, during the period from 1 August 2020 to 10 January 2021, inclusive.
