Oireachtas Joint and Select Committees

Thursday, 11 April 2019

Select Committee on Housing, Planning and Local Government

Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

Amendment No. 40 amends section 34 of the Act to technically update references in paragraph (a)(ii) to the various statements and declarations required to accompany a notice of termination that specifies a ground listed in paragraphs 2 to 5, inclusive, of the table to that section; insert a new paragraph (a)(iii) to require a termination notice citing ground five, which is substantial refurbishment of the property in a way that requires the dwelling to be vacated, to contain or be accompanied by a certificate in writing from a registered architect or surveyor stating the works pose a health and safety risk to any occupants and should not proceed if the dwelling is occupied and that the risk is likely to exist for at least three weeks; amend paragraph 3 of the table dealing with tenancy termination on the ground that the landlord intends to sell the relevant property, to extend the time period within which it is intended to enter a contract of sale from three to nine months after termination and to require the landlord to offer a re-letting to the former tenant if the latter provided contact details if no contract is entered into by then; amend paragraph 4 of the table dealing with termination of a tenancy on the ground that the accommodation is required for occupation by the landlord or a family member to provide that the dwelling must be offered for re-letting to the tenant - where the latter provided contact details - if that occupation lasts less than a year, rather than less than six months as provided for at present; amend paragraph 5 of the table dealing with termination of a tenancy on the refurbishment ground to apply the requirement to offer a re-letting of the dwelling to the former tenant if it becomes available for re-letting on completion of the works, instead of the current requirement to do so only if it becomes available for re-letting within six months of the expiry of the notice period; and amend paragraph 6 of the table dealing with termination of a tenancy because the landlord intends to change the use of the relevant property to apply the requirement to offer a re-letting of the dwelling to the former tenant if it becomes available within a year of the tenancy termination, rather than within six months as provided at present.

This is about the reasons for notice to quit and some of the strengthened measures that we are putting in place to protect tenants in these areas and to prevent abuse of the section by people.

The increase in the period applicable to the landlord's intention to enter into a contract to sell the property from three to nine months is in recognition of the time it can take to complete a sale. The new requirement to offer the former tenant a re-letting of the dwelling has resulted in consequential amendment No. 52 to section 56 of the Act, that is, the removal of the six-month time limit on the offers of re-letting because I am extending those periods.

We can go back and forth, should members want to make comments, before I get into some additional related amendments, including amendment No. 41.

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