Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

The grounds upon which a tenancy in the private rented residential sector may be legally terminated are dearly set out in the Residential Tenancies Act 2004. The Act provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. The Act provides for security of tenure and specifies minimum obligations for landlords and tenants under a tenancy. In addition, the Act contains provisions relating to the setting of rent and rent reviews and sets out the procedures and notice periods that must be complied with when terminating a tenancy.

The ongoing development of a stable, well-regulated rented sector is a key goal for this Government and stability of tenure is fundamental to that goal. The legal framework set out in the Act marked a sea change in this regard and the guarantee of secure four-year tenancies, once the initial six-month probationary period has passed, apply regardless of whether the tenant is in receipt of rent supplement, has a tenancy under the Rental Accommodation Scheme or is not in receipt of any assistance from the State.

The maximum duration of a tenancy under the Act is four years, after which a new tenancy must be registered with the board. Where a tenant has been in occupation of a dwelling for a continuous period of six months and no notice of termination has been served in respect of the tenancy before the expiry of the period of six months, the tenancy continues in being for the remainder of the four-year period, and this is referred to in the Act as a Part 4 tenancy. A landlord may not serve a notice of termination on such a tenant except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations regarding the tenancy, where the landlord intends to sell the property within three months after the termination of the tenancy or where the landlord requires the dwelling for his or her own occupation or for that of a family member.

The Rental Accommodation Scheme, RAS, is an initiative announced by the Government in July 2004 to cater for the accommodation needs of persons in receipt of rent supplement, normally for more than 18 months and who were assessed as having a long-term housing need. One of the main features of the scheme is that local authorities in sourcing accommodation for these households make use of the private sector and enter into contractual arrangements to secure medium to long-term availability of rented accommodation. A residential tenancy agreement is entered into by all three parties, and as with other arrangements, the tenancy is governed by the Residential Tenancies Act 2004. Notwithstanding this, as RAS is deemed to be a social housing support, the local authority retains the responsibility to source further accommodation for a RAS household should the dwelling in which the household is living become unavailable through no fault of the tenants.

See this speech in context