Batt O'Keeffe (Cork North West, Fianna Fail)

I understand the figure of 239 relates to cases reported to the Threshold organisation and that it includes threatened terminations, the majority of which were forestalled. I understand also that where an illegal eviction occurred the matter was referred to the Private Residential Tenancies Board's dispute resolution services.

It is considered that the provisions of the Residential Tenancies Act 2004 are compatible with international human rights standards as, in drafting the legislation, particular account was taken of the provisions of the European Convention on Human Rights. The 2004 Act provides significant improvement to tenants' security of tenure based on a four year tenancy cycle and a significant increase in the length of notice related to the duration of the tenancy landlords are required to give to terminate a tenancy. Once a tenancy has lasted six months, it can only be terminated during the remaining three and a half years of the cycle for a limited range of specific reasons set out in the Act.

The Act sets out the rights and obligations of landlords and tenants, including the right of tenants to the enjoyment of peaceful and exclusive occupation of their dwelling. It specifies the circumstances and conditions under which a tenancy can be terminated, which must be in accordance with the provisions of Part 5 of the Act, including the form of termination of notice. The Act provides an effective means of redress through the PRTB in the event of illegal evictions. It takes a robust approach to illegal terminations, including provision for the holding of emergency tribunals and for interim or interlocutory injunctions through the courts where necessary.

The PRTB has been effective in responding to illegal terminations and implements a fast-track approach in the resolution of such disputes. The board can also award substantial damages for stress and disruption where this is warranted. I understand the security of tenure provisions in the Residential Tenancies Act 2004 are operating well, and there is no proposal currently for amendments to these provisions. It is a function of the PRTB to keep the operation of the legislation under review and to make recommendations regarding any amendments it considers necessary.

See this speech in context