Dáil debates

Wednesday, 27 February 2008

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage

 

1:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)

I move amendment No. 20:

In page 23, between lines 28 and 29, to insert the following:

"(2) Where a tenant has, on or after the 12th day of December 2007, effected a renunciation as referred to in subsection (1), the tenant shall be deemed not to be entitled to a new lease for a period of 20 years, and any lease for a shorter period effected on foot of such renunciation shall be deemed to be valid.".

I understand the issue in question arose from a particular case on which Deputy Rabbitte had representations. I understand the person in contact with Deputy Rabbitte was also in contact with the Minister on this issue. The amendment is designed to ensure renunciations to the right to a new lease made pending the passing of the Bill will be recognised as valid. Otherwise, some tenants will have their tenancies terminated and hardship will ensue. Landlords who allow a lease to continue beyond a certain period may find their ownership of the property will become defunct and landlords do not want to leave tenants in situ because of this risk.

In this particular case, questions were also raised about changes to the landlord and tenant legislation. The Minister indicated the specific matter would be dealt with either through this Bill or through changes to the landlord and tenant legislation. The concern is to safeguard tenants while dealing with the difficulty faced by landlords.

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