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

I move amendment No. 63:

In page 38, between lines 11 and 12, to insert the following:

“Setting of rent increases above rate of inflation prohibited

“32. The Principal Act is amended by inserting the following after section 19A:“Setting of rent increases above rate of inflation prohibited

19B. (1) Without prejudice to section 19 and notwithstanding anything in section 19A, in setting at any particular time—

(a) the initial rent under the tenancy of a dwelling that was the subject to a tenancy in the previous year, and

(b) any subsequent rent under the tenancy of a dwelling, by way of a review of that rent, a landlord may not increase the annual rent payable under the tenancy of a dwelling by more than the change in the consumer price index (if any) since the rent was last set.

(2) For the purposes of this subsection (1), ‘change in the consumer price index’ means the difference between—

(a) the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the increase in rent, and

(b) the Number last published before the date when the rent was last set, expressed as a percentage of the first-mentioned number.

(3) Where a landlord satisfies the Board that he or she has carried out improvement works that result in an increase in the letting value of the dwelling, other than works carried out under—

(a) section 12(1)(b)(i) or (ii),

(b) section 12(1)(g), or

(c) otherwise to ensure compliance with any standards for houses for the time being prescribed under section 18 of the Housing (Miscellaneous Provisions) Act 1992, the annual rent payable under the tenancy of the dwelling may be increased—

(i) if the total cost of the improvement works, does not exceed €50,000, by not more than 10 per cent of the total cost,

(ii) if the total cost of the improvement works exceeds €50,000, by €5,000 plus not more than 7.5 per cent of the amount by which the total cost exceeds €50,000.

(4) In any dispute as to the amount of increase in the rent payable under the tenancy of a dwelling that is claimed to be attributable to improvement works, the onus shall be on the landlord to establish—

(a) the increase in the letting value of the dwelling attributable to the improvement works, and

(b) the costs of the improvement works.

(5) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the coming into operation of this section) may operate to vary, modify or restrict in any way a provision of this section: Provided that this subsection does not prevent the parties from entering into an agreement in respect of the rent payable under a lease or tenancy agreement which is more favourable to the tenant as to its terms than those which would apply under this Part.”.”.

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