Bernard Allen
Ceist:1441 Mr. Allen asked the Minister for the Environment and Local Government his plans to deal with the critical accommodation situation facing successor tenants. [17517/02]
Written Answers. - Local Authority Grants.
Bernard Allen
Ceist:1581 Mr. Allen asked the Minister for the Environment and Local Government his proposals to protect successor tenants who will be exposed to eviction and increased rents following the end of controls in 2002; his plans to introduce enhanced rent assistance for such tenants; his proposals to provide protection against eviction; and if he will make a statement on the matter. [17028/02]
I propose to take Questions Nos. 1441 and 1581 together.
The Housing (Private Rented Dwellings) Act, 1982, confers a right to retain possession, as a tenant, 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 successor members of the tenant's family succeed to the tenancy within 20 years of the commencement of the Act, the right to retain possession as a tenant under the 1982 Act continues to 25 July 2002, or until the tenancy has lasted a minimum of five years.
Once protection for successor tenants ceases under the 1982 Act, I am advised that they may be entitled to claim a long equity lease of up to 35 years under Part II of the Landlord and Tenant (Amendment) Act, 1980. If the landlord is unwilling to grant such a lease, the tenant may apply to the Circuit Court to determine a tenant's entitlement and also to set the rent and other tenancy terms in the absence of agreement between the parties.
Acquisition of a long equity lease provides significant benefits for tenants. They acquire the right to retain possession of the dwelling and are subject to rent reviews at not less than five yearly intervals. The court, in determining the rent, has regard to market value but also takes into account the addition to the letting value of any improvement works carried out to the dwelling by the tenant.
A new means tested rent allowance scheme has been introduced by the Department of Social and Family Affairs, following consultation with my Department, to cater specifically for tenants affected by these changes. In addition, an information leaflet outlining the changes affecting the formerly rent controlled sector has been distributed by local authorities to all tenants in the sector and a freephone helpline is also being operated by my Department to assist tenants and landlords.