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Homelessness Strategy

Dáil Éireann Debate, Tuesday - 6 October 2020

Tuesday, 6 October 2020

Ceisteanna (48)

Mick Barry

Ceist:

48. Deputy Mick Barry asked the Minister for Housing, Local Government and Heritage if a restoration of the eviction moratorium will be supported in view of the most up-to-date homelessness figures; and if he will make a statement on the matter. [28554/20]

Amharc ar fhreagra

Freagraí scríofa

The Emergency Measures in the Public Interest (Covid-19) Act 2020 provided for a temporary moratorium on tenancy terminations, other than in exceptional and limited cases, and on all increases in rent during the emergency period from 27 March to 1 August 2020. The emergency measures aimed to assist in restricting the movement of people to suppress the spread of Covid-19 and applied to all tenants, irrespective of their financial circumstances.

While this Act did have a positive impact in reducing the numbers presenting as homeless, the landlord's right to terminate a tenancy on the grounds in the Residential Tenancies Act was temporarily limited in a bid to suppress the spread of Covid-19.

The Residential Tenancies and Valuation Act 2020 targets enhanced protections to the most vulnerable tenants until 10 January 2021 and respects the constitutionally protected property rights of landlords. As we learn to live with Covid-19, these provisions enable the residential rental sector to resume activity in as near as normal manner as possible.

With effect from 1 August 2020, the Residential Tenancies and Valuation Act 2020 introduced protections for those tenants who are facing rent arrears and, as a result, are at risk of losing their tenancy. If a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections apply. Tenants who follow these procedures cannot be required to vacate their rental accommodation before 11 January 2021, and are not required to pay any rent increase in respect of the period ending 10 January 2021.

In all other cases, a landlord can again serve a notice of termination. For example, some landlords might need to occupy their rented dwelling or to sell it, possibly on foot of Covid-19.

These protections are having a significant effect on the level of tenancy termination. Of the 844 notices of arrears issued since the protections were enacted on 1st August, less than one in four has led to a notice of termination being issued. One in five tenants has availed of the protections available under the act and their tenancies cannot be terminated before 11th January next year. The remaining 487 tenancies, representing over 57% of all those who received the 28 day arrears notice, have not received any notice of termination. Engagement with MABS, access to rent supplement and direct contact between landlord and tenant has addressed a significant number of issues associated with rent arrears.

In addition, the protections introduced in 2019 are also having a positive effect. Since the RTB was empowered to initiate sanctions against landlords it has processed information in relation to 704 tenancies and this has led to it commencing investigations of 191 instances of improper conduct by landlords.

Any further measures with regard to restricting tenancy terminations will be informed by the extent to which restrictions of movement introduced on public health grounds under the Governments Resilience & Recovery 2020-2021: Plan for Living with Covid-19 are of such a nature as to inhibit the normal functioning of the rental market.

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