Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

In terms of notice periods, significant improvements were made prior to the rental strategy, at which time Deputy Alan Kelly was Minister. Important amendments to the Residential Tenancies Act introduced in December 2015 provide that the minimum period between rent reviews for tenancies was increased from 12 to 24 months. The minimum period of notice of new rent was increased from 28 to 90 days and longer notice periods for the termination of long term tenancies have been introduced. The provision to increase the notice of new rent from 28 to 90 days was introduced on foot of a recommendation in the DKM report, Rent Stability in the Private Rented Sector. Although I appreciate the intention behind the measure in this Bill to increase this notice period to 180 days, I believe the current 90-day notice period is balanced and proportionate. In addition, the increased notice periods for the termination of tenancies introduced in December 2015 were calibrated to maintain the proportional relationship between the notice periods. The provisions in the Act were carefully constructed to be fair to landlords and tenants alike and we propose to stick with them.

In regard to receivership, it is clear to me that there can be no consideration of the issues relating to security of tenure without an acknowledgment of the problems that can be caused by the appointment of receivers to rented dwellings. However, the interplay between receivership law and the Residential Tenancies Act is complex. It is imperative that we do not make any amendments that either make matters worse or lead to legal uncertainty. Nevertheless, there is no question that action needs to be taken in this area but any such action must be well informed, considered and legally sound. In the context of the rental strategy, I sought legal advice from the Office of the Attorney General on applying the obligations of landlords to receivers. A working group, comprised of the Department of Justice and Equality, has been set up to examine how this can be done legally. The group will report before the end of the first quarter of this year.

I do not disagree with the spirit of what is being sought but we must ensure we do it properly.

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