Tenancy Protection Scheme

Dáil Éireann Debate, Wednesday - 12 December 2018

Wednesday, 12 December 2018

Ceisteanna (260)

Eoin Ó Broin

Ceist:

260. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if a housing provider is required to issue notices to quit in cases in which homeless persons or persons who have been homeless have licence agreements in emergency, transitional or own door accommodation that due to the length of time of the license risk accruing tenancy rights, placing the persons at risk of further homelessness; and if so, if changes to regulations or legislative amendments made in the forthcoming residential tenancies (amendment) Bill to ensure that no resident in emergency, transitional and own door accommodation will not be issued with a notice to quit in cases in which they are unable to find permanent accommodation. [52309/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Section 25 of the Residential Tenancies Acts 2004-2016 disapplies its security of tenure rights under Part 4 from Approved Housing Body (AHB) tenancies of up to 18 months in duration relating to designated “transitional dwellings”. Where a lease extends beyond 18 months, then the property in question is no longer considered to be a “transitional dwelling” for the purposes of the Act and the tenant will obtain Part 4 rights.

AHBs work closely with tenants to identify suitable dwellings for occupation under a subsequent tenancy to commence before or upon the expiry of the initial 18 month tenancy in a transitional dwelling. Local authorities are available to assist AHBs in this regard with the aim of preventing homelessness.

Part 5 of the Acts provide for the termination of tenancies only, with sections 62 and 66 setting out the requirements for a valid tenancy termination notice by a landlord and the notice periods applicable.  

Accommodation let under licensing agreements does not fall within the remit of the Residential Tenancies Acts 2004-2016 which protect tenancy agreements only.  If there is any doubt as to the type of agreement in place in respect of individual dwellings, for example whether a licence agreement or a tenancy agreement exists, the matter should be referred to the Residential Tenancies Board (RTB) for a determination.  Where the RTB determines that a tenancy exists, it can deal with any dispute arising.

A licence agreement does not become a tenancy agreement with the passage of time; such agreements are separate in nature.