Dáil Éireann Debate, Tuesday - 3 November 2020
573. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage his views on a matter (details supplied) regarding a rental property; and if he will make a statement on the matter. [32330/20]
Amharc ar fhreagraThe Residential Tenancies and Valuation Act 2020 came into effect from 1 August 2020 to temporarily provide enhanced protections for those tenants who are facing rent arrears due to Covid-19 and, as a result, are at risk of losing their tenancy. The Act also provides for permanently enhanced protections which were designed to ensure that tenants and landlords engage to address any rent arrears arising at the earliest juncture.
In rent arrears cases, a landlord is required to engage early by serving both the Residential Tenancies Board (RTB) and the tenant with a 28-day warning notice seeking payment of rent arrears. Upon receipt of the warning notice, the RTB acknowledges receipt to the landlord and the tenant and provides information to the tenant to enable them to get advice from the Money and Budgeting Advice Service (MABS) and offers assistance to the tenant in obtaining this advice.
The RTB and the Money Advice and Budgeting Service (MABS) are working with tenants in rent arrears to outline the financial supports which may be available to enable the tenant to meet their rental obligations to sustain their tenancy.
Any subsequent notice of termination grounded on rent arrears must be copied to the RTB and will be invalid if the associated rent arrears warning notice had not been served on both the RTB and the tenant. The aim is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.
The tailored approach in the Residential Tenancies and Valuation Act 2020 targets a temporary prohibition on rent increases to those who can least afford it. It protects tenants from imminent tenancy termination caused by rent arrears. The Act balances the need to protect those worst affected by Covid-19 with the need to respect property rights and the legitimate interests of landlords.
The temporary enhancements to tenancy protections under the Residential Tenancies and Valuation Act 2020 provides that where a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections apply under the Residential Tenancies and Valuation Act 2020. 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.
Tenants who are currently (or at any stage between 9 March 2020 and 10 January 2021):
- in receipt of (or entitled to receive) Illness Benefit for Covid-19 absence - further information available at - https://www.gov.ie/en/service/df55ae-how-to-apply-for-illness-benefit-for-covid-19-absences/); or
- in receipt of (or entitled to receive) the Temporary Wage Subsidy, Employment Wage Subsidy or any other social welfare payment or State support paid as a result of loss of earnings due to Covid-19 (this includes the rent supplement or a supplementary welfare allowance);
and
- at risk of losing their tenancy,
can receive the aforementioned protections to remain in their tenancy without any increase in rent until 11 January 2021.
In order to qualify for these supports, tenants must complete and sign a Self-Declaration form, available on the Residential Tenancies Boards (RTB) website - www.rtb.ie, if they meet the above criteria and submit it to the RTB and their landlord.
Tenants are required to pay rent to their landlord and, in the event of tenants having difficulty doing so on foot of Covid-19, they are encouraged to engage with their landlords at the earliest opportunity.
Many Government Departments, agencies and organisations are engaged in supporting landlords and tenants during this time, providing information, advice and income supports to those who are facing financial difficulty. Tenants facing difficulty in meeting the rental payments should engage with the Department of Social Protection (D/SP) as income supports such as Rent Supplement and Social Welfare Allowances are available to assist them.
The D/SP Supplementary Welfare Allowance (SWA) scheme offers a safety net within the overall social welfare system by providing assistance to those whose means are insufficient to meet their own needs and those of their dependents. The main purpose of the scheme is to provide immediate and flexible assistance to those in need who do not qualify for payment under other State schemes. There are several payments within the scheme including once-off exceptional needs payments (ENPs) which can cover rent arrears. Further information on these supports can be found by calling the D/SP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the D/SP website at: https://www.gov.ie/en/organisation/department-of-social-protection/
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to comment on or intervene in the specifics of any individual case.
My Department and the RTB urge landlords to consider the negative impacts of Covid-19 on their tenants and to show forbearance where temporary rent arrears might arise. Tenants and landlords are urged to discuss any problems promptly, keep lines of communication open and respect each other’s positions. If the problem cannot be resolved, registered landlords and all tenants can apply to the RTB for dispute resolution. Further information is available on www.rtb.ie.
My Department has published a guidance document, the Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants, which sets out exactly what is expected as the rental protections under the Emergency Measures in the Public Interest (Covid-19) Act 2020 expire, and provides details on the new protections for tenants in rent arrears and the income and other supports available to tenants and landlords.
This guidance document clearly explains the new rent arrears procedure for both landlords and tenants facing rent arrears. The Guidance document is available on the Department's website - www.housing.gov.ie - and on the RTB's website - www.rtb.ie.
The RTB has engaged with stakeholders with regard to the recent tenancy protection enhancements and launched advertising campaigns, including on social media, informing the public and directing people to its website for more information. The advertising campaigns ran from 15 April until to 1 August 2020 and the final phase of a related mail-shot to tenants and landlords concluded last week.
On 24 October 2020, the Residential Tenancies Act 2020 was enacted and came into operation to help mitigate the impact of Covid-19 on tenants and to support the efforts of Government in restricting the movement of people in order to suppress the spread of Covid 19. The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent any notices of termination served by landlords, in all but limited cases such as anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence. The current restriction to 5 km is due to expire on 1 December 2020.
The Residential Tenancies Act 2020 operates independently of, and complements, the provisions of the Residential Tenancies and Valuation Act 2020.
At this time, a landlord can serve a warning notice seeking payment of rent arrears and, if required, can serve a follow-up notice termination. Where the tenant has made the required declaration, the enhanced protections under the Residential Tenancies and Vaulation Act 2020 apply and the tenancy cannot be terminated until 11 January 2021. A landlord can refer a dispute to the RTB where he or she contests the applicability of enhanced protections under the Residential Tenancies and Vaulation Act 2020.
A tenant is obliged under section 16(c) of the Residential Tenancies Acts 2004-2020 to allow, at reasonable intervals, the landlord, or any person or person acting on the landlord's behalf, access to the dwelling (on a date and time agreed in advance with the tenant) for the purposes of inspecting the dwelling. A breach of this tenant obligation can also be referred to the RTB. A landlord may report anti-social behaviour to An Garda Síochána for appropriate action.
