Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I move amendment No. 186:

In page 33, after line 4, to insert the following:

“PART 4

MISCELLANEOUS

Amendment of sections 28, 34, 55, 56, 57, Chapters 4 and 5 of Act of 2004 - to make Part 4 tenancies indefinite

26.(a) Section 28(2)(a) of the Act of 2004 is amended by the substitution of “for an indefinite period from” for “for the period of 6 years from”.

(b) Section 34(b) of the Act of 2004 is hereby repealed.

(c) Chapter 4 of the Act of 2004 is hereby repealed.

(d) Chapter 5 of the Act of 2004 is hereby repealed.

(e) Section 55(1) is amended by the deletion of “or a further Part 4 tenancy”.

(f) Section 55 is amended by the substitution of the following for subsection (2):

“(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.”.

(g) Section 56(1)(a) is amended by the deletion of “, or under a further Part 4 tenancy,”.

(h) Section 57(b) is amended by the deletion of “or further Part 4 tenancy”.”.

This amendment aims to make Part 4 tenancies indefinite, something we discussed earlier in respect of other amendments. The Government has said it wants to go on this road but cannot do it now. We do not accept that; we think Part 4 tenancies should be indefinite to give security to tenants.