Dáil Éireann Debate, Tuesday - 15 February 2022
340. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the measures he will put in place to ensure the new schemes under the National Retrofit Plan do not result in tenants being evicted by landlords citing said retrofitting schemes as an excuse for eviction; and if he will make a statement on the matter. [8165/22]
View answerThe Residential Tenancies Acts 2004 to 2021 provide that where a landlord terminates a tenancy because he/she needs vacant possession to substantially refurbish/renovate the rented property, that property must be offered back to the former tenant upon completion of such works, where the tenant provides their contact details for such an offer to be made.
Such a notice of termination must contain or be accompanied by a written certificate of a registered professional under the Building Control Act 2007, such as an architect or surveyor, stating that the proposed substantial refurbishment/renovation works would pose a health and safety risk necessitating vacation by the tenants and that such a risk would be likely to exist for at least 3 weeks.
The notice of termination also must include a statement specifying the nature of the intended works and providing a copy of any related planning permission. Where planning permission is not required, the notice or statement must specify the name of the contractor and the proposed dates for the works.
The tenancy protections in place are not impacted by the funding stream used by landlords for such works.
A tenant may refer a dispute with regard to the validity of a notice of termination of a tenancy to the Residential Tenancies Board (RTB) for resolution.
Since 2019, the Residential Tenancies Acts provide enhanced powers for the RTB to investigate and sanction landlords who engage in improper conduct, including non-compliance with the tenancy termination provisions. A sanction imposed can comprise a written caution, a financial penalty of up to €15,000 and/or RTB investigation costs up to €15,000.
