Dáil debates

Wednesday, 12 December 2018

Anti-Evictions Bill 2018: Second Stage [Private Members]

 

6:10 pm

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

We, too, will support the Bill on Second Stage, although we would change some elements of it. Having published and presented the Residential Tenancies (Greater Security of Tenure and Rent Certainty) Bill, I note that elements of it are similar to the Bill before us. There are slightly different solutions to some of the issues but, in general, the legislation before the House is positive. We included a measure in our Bill regarding receivers and agents. It is long overdue and I agree with the proposals earlier that the Minister introduce that measure in his Bill. It has been proposed for a number of years but it has not happened. Many people in the rental sector must pay rent to agents or receivers. Such individuals need to be protected as much as others who rent. As a result, we support that proposal.

I also support the approach to the issue of eviction for sale, which is probably the most important element of the Bill. Other countries seem to have no problem maintaining the security of tenants when properties are sold. This is a fundamental issue that needs to be addressed. In some cases, it is good for landlords also when they can pass on a properties in which there are secure tenants in place who have been paying rent. The Minister should consider that aspect also.

In the context of evictions on the grounds of renovation, the solution in this regard was to provide that the only circumstances in which a landlord could ask a tenant to vacate a property would be in order to make it fit for human habitation. People should not have to live in properties that are unfit for habitation.

On evictions of families, the solution put forward in the Bill is to require compensation be paid. I have some doubts about that. Our proposal was a tightening of the definition of "family" because that definition is currently quite broad. However, these are just differences in approach.

There are many Bills - including two that I brought forward - are due to go before the Joint Committee on Housing, Planning and Local Government. We have debated a number of Bills relating to housing in the Camber. Judging by the tone of what I have heard from the Government party and Fianna Fáil thus far, I fear that this Bill will have the same fate as many other Opposition Bills, namely, the Government will vote against it and Fianna Fáil will abstain. The Minister is bringing forward his own Bill. In that context, those of us on this side of the House should table amendments in respect of it in order that we might achieve what we have all been trying achieve. I certainly intend to do so. I welcome elements of the Minister's Bill, although we have seen only the press statement relating to it rather than the Bill itself. He stated that he will publish it this week. I hope he will accept amendments from the Opposition and incorporate many of our proposals. Substantial proposals have been made by the Opposition parties. Every day of the week we all deal with people who are faced with eviction and rents they cannot pay or who have no security in the private rented sector. In bringing forward his Bill, the Minister should take the opportunity to listen to what we have to say and incorporate it.

Although I welcome the Minister's comment to the effect that he will provide a definition of "substantial change" and the nature of accommodation provided under the tenancy, and that he will publish a rent register, he also stated that the register the subject of due diligence in the Office of the Attorney General. I worry, therefore, that it might not be the kind of rent register we need, namely, publishing rents as they are in order that a new tenant will know exactly what the rent was in a specific property, which I hope is what happens. I am also cautious about the student accommodation measure. The Minister stated that he may possibly extend the application of certain provisions of the Residential Tenancies Act following consultation with, again, the Office of the Attorney General and so on. I wait in hope that both of those measures will materialise.

We have heard much talk about regulating short-term lets, an issue which my colleague, Senator Kevin Humphreys, has raised on multiple occasions. We have not seen the specific proposals, however, and they are not ready to be implemented. Other issues include deposit protection, for which there is an enabling measure already in legislation to provide for a deposit protection scheme, but that has not been progressed by the Minister. Another matter we have raised relates to some landlords requesting deposits of more than one month's rent. That should be addressed in the Minister's Bill along with many other matters. I hope he will take the opportunity to do so.

I know the Minister intends to tighten up the rent pressure zone regulations to prevent evasion, which is not the intention of the Bill before us. I speak as a representative for the city of Limerick, which is excluded from those regulations. I have raised this point on many previous occasions and I raise it again now. There has been an increase of more than 20% in rents in Limerick city in the past year, while Waterford city has seen an increase of nearly 20%. However, those two cities are excluded from rent pressure zones. There are other areas in neighbouring counties around Dublin that are in a similar situation. It has been two years since that legislation was passed after much late-night debate and consultation. It is deeply unfair that the Government is constantly chasing the tight regulation for being included in the rent pressure zones, such as by including above-average rents in the particular local electoral area, or whatever the term is for the areas in question. In some instances, both urban and rural areas are included, leading to an unfair situation for people in the city areas who pay high rents. This matter needs to be reviewed because it is grossly unfair for the people who are excluded and who constantly chase increases in rent that they cannot afford. It is a crucial issue.

I also attended the launch of Threshold's annual report. Threshold has pleaded for many of these issues to be addressed and, being at the coalface, it knows exactly the kind of issues that are faced by tenants in the private rented sector, as do we from our work as public representatives.

We need meaningful responses that will deal with the issues people are facing. The most realistic opportunity to address these issues is in the Bill that the Minister will bring forward because he has the power to drive it forward whereas, unfortunately, Opposition Bills tend to sit and not to be enacted. That said, we welcome this Bill and will support it.

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