Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

From my knowledge of this, in terms of compliance with the amendment, the onus is on the landlord. Before the Tyrrelstown amendment, if a landlord was selling ten, 20 or 30 homes or a full apartment block, it was legal for that landlord to issue eviction notices on the basis of sale, the same as an individual or small landlord. The onus would be on landlords to ensure they are compliant in this context. If a landlord were to just turn around and issue 20 eviction notices, because he or she owned an apartment block with 20 households, that would be a clear breach of the Tyrrelstown amendment. Those eviction notices would then be invalid, and people could, on that basis, go to the RTB and say those eviction notices were invalid and that they were protected by the Tyrrelstown amendment.

In terms of the determination in respect of the exemption, I am trying to eliminate from the Tyrrelstown amendment the onus being entirely on the renters to appeal. The landlord is able to exercise that exemption and issue the eviction notices; that is what landlords do. The onus is then entirely on the residents to be aware of the legislation and to know they can appeal to the RTB and go through all that process, which in itself is very difficult and stressful for renters. People can be waiting for months for a determination to be made by the RTB. This whole process is obviously very stressful. Typically, during the process, people will also try to find alternative accommodation. This wearing down process then often means the numbers of homes involved goes below ten and the protection in this regard is no longer there. It is, however, the RTB that adjudicates on this scenario in its entirety.