Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

This group of amendments includes a number of measures to enable the PRTB to deal effectively with tenants who do not comply with their obligations, including the obligation to pay rent. The published Bill provides for a new procedure to deal with tenants who do not comply with their statutory obligation to pay rent pending the determination of their dispute. These amendments insert a new section 76A into the 2004 Act, which will provide that where there is a dispute before the board and the tenant does not pay the rent, the landlord may bring a complaint before the PRTB. On the hearing of this complaint, the PRTB can order the tenant to pay any rent due. The published Bill provides that the matter will then be adjourned for a period of no more than 14 days to allow the tenant to comply with this order and that where the tenant does not comply, the PRTB will have the power to terminate the tenancy irrespective of whether a notice of termination has been served.

Significant concerns regarding the power of the PRTB to terminate the tenancy at 14 days’ notice were expressed on Committee Stage of the Bill in the Dáil. On foot of subsequent legal advice, these amendments remove this termination provision from the procedure. However, the interim procedure to compel a tenant to pay the rent remains part of the Bill and is provided for by means of the insertion of the new section 76A into the principal Act. The provision has now been moved in the Bill and this is provided for by means of amendments Nos. 56 and 57, with consequential amendments Nos. 60 to 64, inclusive, 71, 72, 87 to 89, inclusive, 101 and 102. Amendments Nos. 66 to 70, inclusive, are technical drafting amendments.

Amendment No. 86 provides that the board must report to the Minister on the operation of the new section 76A six months after its commencement and thereafter each year in its annual report. I believe this procedure, together with amendments Nos. 52, 74 and 75, will provide for a fast and effective way for the PRTB to deal with that small minority of tenants who do not pay their rent.

In addition to the section 76A procedures, amendment No. 52 is designed to address an issue that has been a cause of concern to landlords, in particular. In certain cases a minor error in a notice of termination has caused the whole case to fall at the last hurdle, regardless of the merits of the case, sometimes after months of processing and hearings. This situation is being remedied by amendment No. 52 to the effect that a minor error or defect, which is not prejudicial to the tenant, in a notice of termination would not invalidate the notice.

Section 124 of the Residential Tenancies Act provides for the enforcement of PRTB determination orders in the Circuit Court. While the PRTB endeavours to enforce as many of its orders as possible, Circuit Court sittings around the country are limited and in many cases there are significant waiting lists, as I mentioned earlier. Amendments Nos. 74 and 75 will amend the Act so that in future PRTB determination orders can be enforced in the District Court rather than the Circuit Court. This will considerably reduce the expense of enforcing a determination order and should also provide for faster hearings as there are more sittings of the District Court than the Circuit Court.

Amendment No. 54 clarifies that the notice period for the termination of a tenancy for non-payment of rent is 28 days.

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