Dáil Éireann Debate, Wednesday - 3 June 2020
1158. Deputy Sorca Clarke asked the Minister for Housing, Planning and Local Government if it is permissible under the Covid-19 emergency legislation for landlords to move family members into properties rented to a third party. [9562/20]
Amharc ar fhreagraWith effect from 27 March 2020, under new emergency measures introduced into law to protect tenants during the COVID-19 emergency period, tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances. The measures also prohibit any increases to rent for the duration of the emergency period. Initially, these emergency laws will last for a period of 3 months, but they may be extended if the Government considers it necessary.
A notice of termination cannot be served for any reason during the COVID-19 emergency period, including where the landlord or his family wish to occupy the dwelling. All notices of termination which were served before the emergency period are suspended for duration of the emergency period. Accordingly, if on 27 March 2020, a tenant had 2 months left under a termination notice, he or she will still have 2 months left to run on that notice on the date of expiry of the emergency period.
Section 8 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 recognises that, prior to the emergency period, some tenants had been legally evicted including where a landlord or his or her family member intend to occupy the property but the tenants have nowhere to go during Covid-19 and remain in occupation in rental accommodation. Section 8 protects those tenants by allowing their continued occupation in the property subject to the same terms and conditions such as the obligation to pay rent, etc. However, an eviction can proceed in such circumstances if the Residential Tenancies Board (RTB) determines a dispute in favour of the landlord to allow such a termination. Section 8 is an emergency measure to curtail the movement of people during the emergency period.
Carrying out an illegal eviction, which includes prohibiting access to the property or making the property uninhabitable by disconnecting services, can result in damages of up to €20,000 being awarded to the tenant. The RTB can seek an injunction from the Courts to reinstate the tenant and will continue to prioritise these cases during the emergency period.
The RTB is encouraging all customers who may require assistance or advice, including in relation to any threatened eviction, to contact them via their web chat service as there may be delays to their phone lines during the emergency period. The webchat service can be accessed at the following link: https://onestopshop.rtb.ie/contact-us/.
My Department recently published a Guidance Document on COVID-19 supports for landlords and tenants, which sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available at: https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf and a list of Frequently Asked Questions has been developed and is available at: https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf
