Dáil Éireann Debate, Thursday - 15 July 2021
199. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will introduce legislation to prevent persons from being evicted into homelessness; and if he will make a statement on the matter. [38764/21]
View answerThe Residential Tenancies Acts 2004-2021 provide that where 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, a 'Part 4 tenancy' is established to cover the next 5 years and 6 months.
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.
The Residential Tenancies (Amendment) Act 2019 strengthened the security of tenure for tenants by significantly extending the duration of tenancy termination notice periods; for example, a minimum of 180 days (approx. 6 months) notice must be provided by landlords who terminate a tenancy of between 3 and 7 years’ duration.
Since 1 July 2019, the Residential Tenancies Board (RTB) is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts to investigate improper conduct by landlords and to impose sanctions, where appropriate. In particular, an unlawful tenancy termination may be investigated with the landlord liable to a sanction of up to €30,000.
Section 56 of the Acts provides for the award of damages for abuse of the termination procedure, and the RTB can make a direction that a landlord pay an amount by way of damages for the deprivation of the tenancy.
The drafting of the Residential Tenancies (Amendment) Act 2019 benefited from input from the sector, including the key Non-Government Organisations (NGOs) working in housing and homelessness. In particular, the 2019 amendments to legally tighten the tenancy termination provisions and to significantly extend the tenancy termination notice periods were informed by the experiences in the rental sector, as highlighted by the NGOs.
The Planning and Development, and Residential Tenancies, Act 2020 (PDRTA) provides that during the period from 11 January 2021 until 12 January 2022, for tenants with rent arrears due to Covid-19 and at risk of losing their tenancy who make the necessary declaration, landlords must provide in any notice of termination on the ground of rent arrears an effective termination date which is 90 days from the serving of the notice or 13 January 2022, whichever is the later.
The Residential Tenancies (No. 2) Act 2021, which was signed into law on 9 July 2021, provides for the extended the application of the enhanced protections under the PDRTA for 6 months from 13 July 2021 to 12 January 2022.
Comprehensive information in relation to the enhanced protections under the PDRTA and the State supports available to assist tenants is available on www.rtb.ie.
The Programme for Government - 'Our Shared Future', commits to improve the security of tenure for tenants, through legislating for tenancies of indefinite duration, increasing RTB enforcement and examining incentives for long-term leasing.
Subject to legal advices, I expect the General Scheme of the Housing and Residential Tenancies Bill to be submitted to Government in the Autumn for approval to proceed to legal drafting. A provision relating to tenancies of indefinite duration is being considered in this context.
