I propose to take Questions Nos. 613, 624, 625, 626 and 628 together.
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 Act 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 aim is to enhance security of tenure for tenants and to simplify the operation of the Residential Tenancies Acts 2004-2022.
Section 34(b) of the Residential Tenancies Act 2004 was deleted by section 5 of the Residential Tenancies (Amendment) Act 2021. 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 rented dwelling. The Residential Tenancies (Amendment) Act 2021 also provides that a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration.
Management Companies are regulated by the Multi-Unit Developments Act 2011, which comes under the remit of the Minister for Justice. Property management agents are regulated by the Property Services (Regulation) Act 2011. This Act also comes under the remit of the Minister for Justice.
The minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical supplies. These Regulations apply to properties let or available to let. All landlords have a legal obligation to ensure that their rented properties comply with the standards set down in the Regulations.
Responsibility for the enforcement of the Housing (Standards for Rented Houses) Regulations 2019 in the private rental sector rests with the relevant local authority. In this regard, tenants, who have not yet had their dwellings inspected to assess whether they meets these minimum requirements, may wish to contact their local authority, which in this case is Fingal County Council at privaterented@fingal.ie or (01) 8905994 to request an inspection.
The Government is committed to ensuring that a stock of high quality accommodation is available for those who live in the private rented sector. A total of €9 million in Exchequer funding is being made available to local authorities this year to help them meet their private rental inspection targets. Last year local authorities conducted an all-time high of over 49,000 inspections of private rented dwellings.
Where a landlord has issued a notice of termination to a tenant, a number of measures have been introduced to support the acquisition of the property by the tenant or the local authority.
For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. A landlord who has issued a Notice of Termination to a tenant in and is interested in selling the property to a local authority should contact the relevant local authority.
The Government has developed the ‘Cost Rental Tenant In-Situ’ scheme for tenants in private rental homes who are at risk of homelessness because a landlord intends to sell the property, but who are not in receipt of social housing supports and have net household income of no more than €53,000. Local Authorities refer those at risk to homelessness to the Housing Agency, which may acquire these homes with tenants in place using designated capital funding. This scheme has been established on a temporary administrative basis from 1 April, pending further policy development over the longer term with the intention of transitioning these tenants and homes to the standard Cost Rental model, potentially in partnership with Local Authorities or Approved Housing Bodies.
If a household wishes to purchase the property in which they are residing, the housing officer in the local authority can advise of the potential availability of the First Home Scheme. The First Home Scheme is a shared equity scheme designed to help bridge the gap between the applicant’s deposit and mortgage, and the price of the home. Further details can be found at www.firsthomescheme.ie .
It may be appropriate in relevant cases to avail of the Local Authority Home Loan which is available for second-hand properties. It should be noted that the Home Loan and First Home Scheme are two distinct schemes and cannot be combined.
As set out in the Housing for All Action Plan Update (published in November 2022), my Department has commenced a comprehensive review of the private rental sector. This review will take into account the significant regulatory changes over the past several years in the residential rental market, and will report on how our housing system can be enhanced to provide an efficient, affordable, viable, safe and secure framework for both tenants and landlords.
This review will be essential in properly planning future policy for the residential rented sector including implementing measures to support both landlords and tenants.
To inform the review, my Department has a public consultation process underway. This began on 26 June 2023 and is open for submissions until 8 August 2023. Further details are available at the following link: www.gov.ie/en/consultation/ea0ea-public-consultation-review-of-the-private-residential-rental-sector/ .
