Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

When responding I ask the Minister to address a question. I have not had an opportunity to read the definitions under the Residential Tenancies Act 2004 Act but it deals with his amendment that is before us, what is now amendment No. 33. This would have been averted if the amendment to the amendment went through because this section was deleted, but now that it has been put back in I want to ask a question on the definition of "t", which is the number of months between either the current rent in place and it being reviewed. I am not concerned about that part of it. I am concerned about the second part of it where a dwelling was previously let, a new tenancy is going into the dwelling, the time between that and how "t" is defined. I will read it into the record. It states: "Where paragraph (a) does not apply but the dwelling was previously let, other than in circumstances to which subsection (5) applies...", and the key part states: "...the date rent became payable under a tenancy for the dwelling as last so let, and (b) the date the rent for the tenancy of the dwelling will come into effect..." My understanding of the Minister's intention is that if there was a difference of six months between the date a previous tenant was paying rent and the date the new tenant would be paying rent, the time would be six months and so on.

My question is on the definition of "tenancy" in terms of the date rent became payable under a tenancy for the dwelling as so let. If I took out a tenancy four years ago and had it reviewed two years later, and the rent increased, what date would we be talking about because the legislation references the date rent became payable under a tenancy. My view, and I am open to correction, is that the tenancy is the day I took out the tenancy and the review is part of a clause. For example, if we look at the definition of "r", which is a more appropriate definition and in my view should have been included in the definition of "t", "r" is the amount of rent last set under a tenancy for the dwelling. It stipulates that it is the last amount of rent. My concern is that if I took out a tenancy four years ago and had that reviewed two years later, under this definition I would be concerned that the date rent became payable would be the date four years ago. If that were the case, and I am open to correction on this, that would allow for "t" to be calculated as 48, and 48 over 12 would equal four, which would allow for a 16% rent increase in those circumstances.

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