Dáil Éireann Debate, Tuesday - 15 February 2022
386. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage the protections and rights of a tenant whose landlord is initiating an eviction on grounds (details supplied); the person or the regulation that determines suitability; the rights that a tenant has to appeal such grounds to the Residential Tenancies Board; and if he will make a statement on the matter. [8335/22]
View answerThe Residential Tenancies Acts 2004-2021 (RTA) 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.
Due to the quasi-judicial nature 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 may wish to seek independent legal advice in a particular case.
Section 34 of the RTA provides that a landlord may terminate a Part 4 tenancy on the ground that the dwelling is no longer suitable to the accommodation needs of the tenant and of any persons residing with him or her having regard to the number of bed spaces contained in the dwelling and the size and composition of the occupying household and the notice of termination is accompanied by a statement referred to in section 35.
- Section 35 of the RTA requires the aforementioned statement to specify —
- the bed spaces in the dwelling, and
- the grounds on which the dwelling is no longer suitable having regard to the bed spaces in the dwelling and the size and composition of the occupying household.
A tenant who has concerns with regard to the validity of a notice of termination may refer the matter to the RTB for dispute resolution.
