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Rental Sector

Dáil Éireann Debate, Thursday - 17 January 2019

Thursday, 17 January 2019

Ceisteanna (269)

Bríd Smith

Ceist:

269. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government if proposed legislation will deal with security of tenure for tenants in rent pressure zones that may face eviction on grounds of refurbishment, sale or the relocation of family members into a dwelling; and if he will make a statement on the matter. [2128/19]

Amharc ar fhreagra

Freagraí scríofa

The Residential Tenancies (Amendment)(No. 2) Bill 2018 was published in December 2018 to strengthen further the rights of tenants in the private rented sector, building on initiatives already taken. Among the key provisions of the Bill are measures to empower the Residential Tenancies Board (RTB) to investigate and sanction landlords who engage in improper conduct including non-compliance with rent increase restrictions in Rent Pressure Zones (RPZs); the creation of criminal offences for landlords connected with non-compliance with rent increase restrictions in RPZs; and increasing notice periods for tenancy terminations by landlords.

Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply, both inside and outside of Rent Pressure Zones, once a tenant has been in occupation of a dwelling for a continuous period of 6 months without a valid notice of termination having been served during that time. On completion of the 6 month period, the tenant accrues specific protections under the Residential Tenancies Acts as long as the tenant complies with their own obligations. One of the protections relates to the tenant’s entitlement to remain in occupation for up to 6 years from the commencement of the tenancy, where the tenancy commenced on or after 24 December 2016, or for up to 4 years where the tenancy commenced prior to 24 December 2016.

Section 62 of the Residential Tenancies Act requires a landlord to state in a tenancy termination notice the reason, or reasons, for termination. The table to section 34 of the Acts sets out the legal grounds for termination by a landlord.

It is important to note that where a tenancy is terminated for the purposes of substantial refurbishment or renovation and the required works are completed with the dwelling becoming available for re-letting within 6 months of the termination, it must be offered for re-letting to the former tenant.

The landlord must include a statement accompanying a relevant notice of termination to the effect that the existing or current tenant has the option of returning to the refurbished or renovated dwelling, if it becomes available within 6 months from the end of the termination notice period given (or where a dispute on the validity of the termination notice has been referred to the RTB, within 6 months of the determination of the dispute). The duty to offer to re-let the property to the tenant arises where the tenant has provided contact details to the landlord in accordance with section 35(5) of the Acts.

If the landlord or a family member intend to live in the property, the tenancy can be terminated by the landlord. A statutory declaration must be included by the landlord in, or accompanying, the notice of termination specifying:

(1) the intended occupant's identity and, if not the landlord, his or her relationship to the landlord, and

(2) The expected duration of their occupation.

Similarly, a statutory declaration is required to the effect that the existing or current tenant has the option of returning to the dwelling, if it becomes available within 6 months from the end of the termination notice period given (or where a dispute on the validity of the termination notice has been referred to the RTB, within 6 months of the determination of the dispute).

A tenancy can be ended if the landlord intends to sell the property within 3 months of the termination date. A statutory declaration must accompany the notice of termination confirming the landlord’s intention to sell. Section 35A of the Act restricts the landlord's legal ground to terminate a tenancy based on his or her intention to sell, where such a landlord intends to sell 10 or more dwellings within the same development within 6 months.

Section 56 of the Residential Tenancies Act provides for the award of damages for abuse of the termination procedure, and the RTB can make a direction that a landlord pay an amount by way of damages for the deprivation of the tenancy and/or may make a direction that the tenant be permitted to resume occupation of the premises.

My Department keeps tenancy legislation under ongoing review and any changes considered necessary would be the subject of amendments to the Residential Tenancies Acts in due course.

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