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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Tenancy Rights.

Nora Owen

Ceist:

683 Mrs. Owen asked the Minister for the Environment and Local Government the action he proposes to take on behalf of persons who reside with a family member who is a tenant and who has been given the right under the Private Rented Dwellings Act, 1982 to remain in their rented accommodation until death, in view of the fact that if such a tenant dies, the bona fide family member will be homeless as and from 1 June 2002; and if he will make a statement on the matter. [21168/01]

The Housing (Private Rented Dwellings) Act, 1982, confers a right to retain, as a tenant, possession of a formerly rent controlled dwelling for the lifetime of the person who was the tenant at the commencement of the Act, 26 July 1982 and for the lifetime of their spouse. Where a member or successive members of the tenant's family succeeded to the tenancy within 20 years of the commencement of the Act, the right to protection under the 1982 Act continues to 25 July 2002, with a minimum tenancy period of five years even where this may extend beyond that date. Successor tenants may claim a renewable lease for up to 35 years under the provisions of the Landlord and Tenant (Amendment) Act, 1980, once the above protection ceases.

My Department is considering the implications for successor tenants of the expiration of the right to protection under the 1982 Act in order to determine what action may be appropriate.

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