Mr. Paul Lemass:

I do. The legislation enacted in August last, known as the Residential Tenancies Act 2020, provides separate protections. Anyone in a situation where their movement is restricted by 5 km cannot be evicted from their tenancy. This applies any time that restriction is in place. If that restriction was reintroduced tomorrow there would be a moratorium on evictions for everyone for that period of time. The two provisions exist in parallel. This is purely an economic fall-out as distinct from the public health one.

On the point regarding 19 December, because we know there are 348 applications, assuming this legislation passes through the Houses the RTB will write to those 348 applicants. As things stand, they are protected until 11 January based on the declaration they have made under the Residential Tenancies Act, which was enacted last July. It is in regard to post 11 January we want to ensure they are protected. They do not need to make a declaration but they do need to engage regarding an arrangement with their landlord and MABS protection. They do not need to do that if they have already done so. If they have already engaged with their landlord and they have an agreement and it is working there is a disapplication process for those particular requirements.

The Deputy also asked what happens where the landlord can demonstrate that the tenant has not provided the required information. In reality, that type of situation would only be exposed at dispute stage. The dispute is raised if a landlord takes a case because the tenant has not provided the required information and, therefore, is in breach of his or her part of the declaration.