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. 41 amends section 35(8) of the 2004 Act to require a landlord to offer a re-letting to the former tenant where the landlord has not entered into an enforceable contract to sell the property nine months after the termination notice period has expired and the tenant has provided the landlord with contact details for the purpose of making of such an offer.

Consequential amendments are also made to include a reference to that requirement in section 35(5) and 35(6).

A new subsection (11) is added to the section to require a landlord, when serving a termination notice that cites a ground included in the table to section 34, to give a copy of that notice to the RTB at least three months before the notice period expires or at the time of service where the notice period is less. This is for the purpose of the inclusion by amendment No. 177 as improper conduct by a landlord for the purposes of the new Part 7A of the Act, in section 18, of false or misleading citations of tenancy termination grounds in termination notices and failure to make re-letting offers where required to do so. The RTB will be able to use the termination notices if it wishes to follow up on the events following the tenant's compliance with the notice. It is in the second instance where the RTB has to be notified and has the powers through other amendments to follow up, investigate and pursue, if necessary.

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