asked the Minister for Justice if he is aware that six sub-tenants of the house, 31 Nelson Street, Dublin, were evicted from their apartments on Tuesday, 28th April, and that they all had clear rent books in respect of their sub-tenancies, and whether, in view of the hold up in the building of dwellings by local authorities because of shortage of materials, and the difficulty experienced by evicted persons in finding suitable alternative accommodation, he will take steps, under the Emergency Powers Act or otherwise, to protect from eviction sub-tenants who are not in arrears with their rent.
Ceisteanna—Questions. Oral Answers. - Accommodation for Dublin Tenants.
According to my information, the facts of this case appear to be that the premises, 31 Nelson Street, were let to a tenant on a contract of tenancy which included a clause against sub-letting without the landlord's consent in writing. In breach of the contract, the tenant did sub-let without seeking the landlord's consent. The tenant committed a further breach of the terms of the contract by falling into arrears with her rent and, eventually, the landlord determined the tenancy by serving notice to quit and instituted proceedings for recovery of possession of the premises. The court gave a decree for possession with a stay of execution for a considerable period on certain terms. These terms not being complied with, an execution order was issued and enforced by eviction of the sub-tenants on the 29th April, 1942. I understand that the sub-tenants had already secured alternative accommodation and that, in fact, the actual eviction had been postponed more than once in order to enable them to do so.
I do not think that the facts disclosed in this case furnish any ground on which to base a case for interfering with the present state of the law in the direction suggested in the Deputy's question.
Is the Minister aware that these persons had very great difficulty in securing alternative premises? The Minister referred to an agreement not to sub-let. Did the sub-tenants know of that agreement or is there any way of ensuring that persons will not, without their knowledge, take a sub-tenancy subject to that restriction?
Mr. Boland
If a person enters into a contract for the renting of a house subject to a covenant, he must abide by that covenant.
But these are sub-tenants.
Mr. Boland
A person who lets a house must look to the tenant if he breaks a covenant of the contract of tenancy. The person letting the house would have no knowledge of the sub-tenants. A person who lets a house on these conditions is entitled to see that the conditions are fulfilled. I do not see that there is any grievance in this respect.