Dáil debates

Friday, 16 December 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016 [Seanad]: Report Stage (Resumed)

 

2:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

It is clear that the legislation is complex and, given the mistake a number of us identified early yesterday, should not be rushed. It is hard to be confident that we know the full implications of what is being proposed. While I was not included in the earlier briefing, a delegate from my office was at a briefing, for which I express my appreciation.

I seek an assurance from the Minister on the definitions provided for 32(4)(a) and (b) in terms of "(a) 24, where section 24C(1)(a) applies, or". It is important that we get an assurance from the Minister that legal advice has been provided because it is not clear from a straightforward reading of the amendment that it could not result in higher rent increases in situations where people had not had a rent review for three, four or five years.

The other point I wish to make relates to a situation where a tenancy changes mid-year. Clearly, if a new tenancy starts in January and there is a rent increase of 4% at that time, at the end of June if the tenancy changes and a new tenant comes into the dwelling, from my reading of 32(4)(b), it means that rent can be increased by a further 2%, where it has already been increased by 4% for the first six months, and a further 2% is allowed from mid-year on or whenever the tenancy changes. That means, in effect, where a tenancy changes the rent increase allowed is 6%. I am concerned that the measure could act as an incentive for landlords to change their tenants. I also endorse the concerns that have been raised by Deputy Pearse Doherty.

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