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Housing Policy

Dáil Éireann Debate, Tuesday - 22 February 2022

Tuesday, 22 February 2022

Questions (374)

Bríd Smith

Question:

374. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 386 of 15 February 2022, the way that suitability is determined regarding accommodation; the way that bed space numbers are determined in a dwelling; if there are any guidelines or regulations on same; and if he will make a statement on the matter. [9824/22]

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Written answers

The Residential Tenancies Board (RTB) do not have guidelines specifically on this issue. The RTB Dispute Resolution process gives parties two options to resolve a tenancy dispute. The first option is Mediation which aims to resolve disputes with an independent Mediator in a mutually agreeable way or the second option is Adjudication where an independent decision is made based on the facts and evidence presented before an independent Adjudicator. If case parties are not satisfied with the outcome of either of these options, then the case can go to a second stage Tribunal process which will rehear the matter and make a binding decision based on the facts and evidence presented. Both Adjudicators and Tribunal Members roles are similar and are referred to as Decision Makers, with independent decisions made.

The RTB provides a range of information on its website on www.rtb.ie/ending-a-tenancy with regard to lawfully terminating tenancies.

When determining a case for the validity of a Notice of termination where the dwelling is no longer suitable for the tenants’ accommodation needs, a Decision Maker may assess several areas to make his or her determination. For example, the decision maker may

- assess how many bed spaces are contained in the dwelling and what is the size and composition of the household to see if the dwelling is suitable for the household. The Decision Maker can note the actual number of beds in the dwelling but also assess the appropriate number of bed spaces that would be suitable for the dwelling;

- review and consider the statement that the landlord provides to the tenants (along with the Notice of Termination) which outlines why the landlord believes the dwelling is no longer suitable, having regard to the above factors; and

- assess a range of evidence including dimensions of the room or photographs of the dwelling.

A Decision Maker considers all matters that he or she considers would impact on the current suitability of the rented dwelling for the sitting tenants.

From 2019 to 2021, the RTB received copies of 94 Notices of Termination (representing 2% of all such notices received) where the landlord has indicated that the dwelling is no longer suitable to accommodate the needs of the tenant.

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