Dáil Éireann Debate, Tuesday - 26 July 2022
682. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the supports that are available to families who are facing homelessness following notice to quit received from their landlord and are above the threshold for social housing and unable to find another rented property within their budget and local area; and if he will make a statement on the matter. [40399/22]
View answerThe Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the rented residential 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 Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Section 34 of the Acts provides that a landlord must state a reason for the termination in any tenancy termination notice (NoT) 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 dwelling is no longer suited to the needs of the occupying household;
- the landlord intends to sell the dwelling within the next 9 months;
- 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.
From 6 July 2022, Part 11 of the Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 amends the Residential Tenancies Acts 2004-2022 to:
- Extend notice periods, by approximately two months, to be given to tenants when serving a notice of termination (where there has been no breach of tenant obligations) in tenancies of less than three years duration;
- Improve procedures where a landlord is required to make an offer of re-let;
- Require landlords to copy the RTB when serving a notice of termination; and
- Increase from 28 days to 90 days, the period from the date of receipt of a ‘no fault’ NoT for a tenant to submit a dispute as to the NoT’s validity to the RTB for resolution.
The revised notice periods for NoTs are as follows :
|
Duration of Tenancy |
Notice Periods for Notice of Terminations served from 06 July 2022 |
|
Less than 6 months |
90 days |
|
Not less than 6 months but less than one year |
152 days |
|
Not less than one year but less than 3 years |
180 days |
|
Not less than 3 years but less than 7 years |
180 days |
|
Not less than 7 years but less than 8 years |
196 days |
|
Not less than 8 years |
224 days |
Further information can be found at: www.rtb.ie
In addition, all NoTs must be copied to the RTB at the same time as being served to the tenant and will be invalid if it is not so copied.
A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days) following receipt of the warning by the tenant or by the RTB, whichever occurs later. The RTB acknowledge receipt of the warning notice to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available.
Further information on rent arrears notice of termination can be found here: www.rtb.ie/during-a-tenancy/rent-arrears
The national housing charity, Threshold, operates the Tenancy Protection Service (TPS) which is a national service supported by Government, providing advice and support to households living in private rented accommodation who are experiencing tenancy problems, including where a tenancy is at risk of termination. The TPS seeks to protect existing tenancies and keep tenants in their homes. The Tenancy Protection Service (TPS) helpline on free-phone 1800 454 454 – available from Monday to Friday, 9am to 9pm. Further information is also available at www.threshold.ie
The number of people accessing emergency accommodation throughout the country is of serious concern. The Government, local authorities and others are making every effort to reduce homelessness. Key to this is the delivery of new social housing and boosting overall housing supply.
The Government is investing significantly in social and affordable housing, with record funding allocated for current and capital investment in housing this year and for the duration of Housing for All until 2030. This year, funding is in place to deliver 11,800 social homes including 9,000 new build homes; this builds on 2021 delivery of 9,183 new social homes (which was a 17% increase on 2020 delivery).
The Government has acknowledged that many families are currently facing housing affordability issues in Ireland. To address this problem and as part of its Housing for All strategy, the Government has committed to the delivery of 18,000 Cost Rental homes by 2030, or an average of 2,000 homes per year, which will make a real difference for families experiencing affordability issues in Ireland.
The intention is to initially target Cost Rental at more urban areas of Ireland, where the affordability issues are most acute and where the most significant reductions on market rents can be achieved. Not only does Cost Rental provide security of tenure, it also targets rents at a discount of 25% below market rents for the same unit types in the same areas.
As the model continues to be rolled out, it will provide long-term rental accommodation, with secure tenures, for thousands of renters. Cost Rental will also add certainty to the rental market and provide more options for people. It is also expected that the development of the Cost Rental sector will have an impact on the wider rental market, reducing rents over the longer term, as people within the target cohort will have more options available to them.
