Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

This legislation is being introduced to provide more certainty until the supply of social and private housing increases. It is to intervene in a market that is totally dysfunctional and one in which we do not have enough houses to meet the demand. That is recognised. The social housing programme and Construction 2020 are ambitious programmes that will reap the benefits once construction starts to operate normally and supply improves.

The legislation is being introduced to bring certainty and sustain tenancies, as Deputies have called for. It can only be introduced in a fair and balanced way. We cannot afford to have unbalanced interventions that would cause landlords to leave the market. Regardless of whether we like landlords, we are very dependent on them given the current state of housing.

I acknowledge what Deputy Wallace said. It is not right to blacken all landlords. Many landlords are ordinary people who took out a mortgage, perhaps as a nest egg or pension, and are struggling to sustain mortgage repayments. They are also contributing in a very important way to tenancy sustainment. Whatever legislation we introduce must be fair and balanced. We believe this legislation is fair and balanced because it gives adequate notice termination periods for landlords and tenants, assisting tenancy sustainment. If we want to achieve a functioning, sustainable property market, it is important that the legislation be fair for both landlord and tenant.

Deputy Clare Daly is concerned about the notice periods. We consider it is balanced and proportionate. We have extended the notice periods from the 2004 Act. Deputy Wallace asked where people stand if they lose their job. Under section 69 of the Act, the landlord or the tenant may agree to a shorter period of notice being given, at the time or after the time the intention to terminate the tenancy has been given. So there is flexibility within the legislation. Any landlord who has had tenants for more than eight years will know them very well and will have an excellent relationship. I believe that is the experience. Flexibility has been built into the legislation to provide for the case of sudden job loss for people in long tenancies.

Deputy Coppinger referred to the harassment of tenants, and that may be the case. However, the existing legislation protects tenants. There is a tenancy sustainment protocol with which tenants can engage through Threshold. In addition, any dispute can now be referred to the PRTB. While it could always be referred to the PRTB, we are enhancing the protections in the legislation. In cases where the PRTB decision is not adhered to by either party, we are improving access to the courts. The legislation will allow for quicker access to the courts because this legislation will allow cases to be heard in the District Court where previously it had to go to the Circuit Court. That will improve the throughput of cases. I expect we will see fewer disputes because landlords and tenants who do not adhere to their obligations will recognise that disputes will be determined in a fairer and quicker way.

Threshold is already keeping thousands of people in their homes by intervening to provide full information on tenants' rights under existing legislation. This legislation will enhance protections and sustain tenancies while supply comes up to normal levels. We want to see a return to a normal, functioning and sustainable housing market. That is why these interventions have a sunset clause.

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