Seán Sherlock
Question:304. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if he will report on the Housing for All objective for indefinite tenancies to strengthen security for renters. [17533/22]
View answerTuesday, 5 April 2022
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Written answers
In accordance with both the Programme for Government and Housing for All commitments, the Government has provided for Tenancies of Unlimited Duration through the Residential Tenancies (Amendment) Act 2021.
The Residential Tenancies (Amendment) Act 2021 was signed into law on 11 December 2021.
All new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than 6 months and no notice of termination has been validly served on the tenant.
The Act amends Part 4 of the Residential Tenancies Act 2004 (Security of Tenure), to provide for enhanced tenancy protections on the basis that after 6 months’ duration, a 'Part 4 tenancy' is established for an unlimited duration and not subject to expiry at the end of a 6 year term, should the landlord exercise his or her right to terminate the tenancy as currently provided under section 34(b) of the Residential Tenancies Act 2004.
The aim is to enhance security of tenure for tenants and to simplify the operation of the Residential Tenancies Acts 2004 - 2021 through a transition to tenancies of unlimited duration. This provision respects the landlord’s constitutionally protected rights to terminate a tenancy in accordance with section 34 of the Acts.
Only new tenancies commencing on or after 11 June 2022 must be on the basis of an unlimited duration, but naturally over time, all ‘Part 4 tenancies’ will be of unlimited duration.
As existing Part 4/further Part 4 tenancies terminate/expire over time or are renewed, it will involve the creation of a new tenancy of unlimited duration in respect of any such dwelling, should it remain in the rental sector. By 11 June 2028, (i.e. within 6 years of the coming into operation of sections 5 and 6 of the Residential Tenancies (Amendment) Act 2021), all residential tenancies will have commenced on the basis of becoming a Part 4 tenancy of unlimited duration (following the initial 6 month period).
In the interim, the Residential Tenancies (Amendment) Act 2021 provides that a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration. However, the landlord is not be compelled to grant his or her consent and where consent is not granted, the existing protections of the Residential Tenancies Act 2004 apply.