Dáil Éireann Debate, Tuesday - 17 November 2020
400. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage if the case of a person (details supplied) will be examined and a report made regarding the case and the general issue of the effect of Covid-19 on the extension of notice periods for evictions. [36986/20]
Amharc ar fhreagraThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2020, to operate a national tenancy registration system and to facilitate the resolution of 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 this Department to comment on, or to intervene in the specifics of any individual case.
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.
The Residential Tenancies and Valuation Act 2020 came into effect from 1 August 2020 to 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.
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 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.
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 Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020 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.
Guidance and Frequently Asked Questions documents - Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants is available on the RTB’s website - www.rtb.ie.
No part of the duration of:
(i) the emergency period from 27 March to 1 August 2020 under the Emergency Measures in the Public Interest (Covid-19) Act 2020;
(ii) the emergency period from 1 August 2020 to 10 January 2021 for tenants in rent arrears who make the necessary declaration under the Residential Tenancies and Valuation Act 2020; or
(iii) any emergency period under the Residential Tenancies Act 2020 (the current emergency period commenced on 22 October 2020 and is expected to expire on 1 December 2020) shall count for the purposes of a tenancy termination notice period given by a landlord in accordance with Table 1 of section 66 of the Residential Tenancies Acts 2004-2020. The Residential Tenancies Act 2020 also provides a grace period of 10 days further notice at the end of any emergency period under that Act which similarly, does not count towards the original notice period given by the landlord.
