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Dáil Éireann díospóireacht -
Wednesday, 23 Jun 1993

Vol. 432 No. 7

Written Answers. - Tenants' Rights.

Austin Currie

Ceist:

40 Mr. Currie asked the Minister for the Environment the legal protection available for tenants, public and private; whether he has satisfied himself that adequate protection exists; and if he will make a statement on the matter.

Avril Doyle

Ceist:

64 Mrs. Doyle and Mr. J. Bruton asked the Minister for the Environment when he proposes to introduce the legislation promised in the Programme for a Partnership Government 1993-1997 encompassing income tax allowances, abolition of distress, one month's notice to quit, mandatory rent books, legally binding standards for accommodation and registration of all private rented dwellings.

Liz McManus

Ceist:

68 Ms McManus asked the Minister for the Environment when it is intended to publish the charter of tenants rights which was promised in the Programme for a Partnership Government 1993-1997; if it will apply to tenants in both the private and the local authority sectors; if the charter will have statutory backing; if he intends to consult with any tenant groups or organisations prior to its introduction; and if he will make a statement on the matter.

I propose to take Questions Nos. 40, 64 and 68 together.

The rights of tenants of private rented accommodation and the protection available to them, in the first place are governed by the terms of the lease or other tenancy agreement under which the tenancies are held. These are subject to the provisions of the landlord and tenant code which is the responsibility of the Minister for Justice.

The tenure rights of tenants of dwellings formerly controlled under the Rent Restrictions Acts are protected under the provisions of the Housing (Private Rented Dwellings) Acts, 1982 and 1983 and the rents of such dwellings may be determined by the Rent Tribunal.

Tenancy agreements under which local authority houses are let are governed by article 83 of the Housing Regulations, 1980; these agreements set out the terms and conditions under which each such tenancy is held.

Statutory backing for those aspects of the charter of tenants' rights, which are the concern of my Department, is contained in the Housing (Miscellaneous Provisions) Act, 1992. "Distress", i.e. seizure of tenants' goods to enforce payment of rent due, has already been abolished and, subject to some limited exceptions, a minimum period of four weeks notice to quit has been introduced in respect of all residential tenancies. Regulations have recently been made making rent books mandatory and prescribing minimum standards for rented accommodation. These measures apply to local authority and private lettings of houses, with some limited exceptions.
The question of registration of rented dwellings is under examination.
The provision of an income tax allowance for tenants is a matter for the Minister for Finance, in the first instance.
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