Mattie McGrath (Tipperary, Independent) | Oireachtas source

I am sharing time with Deputies Michael Collins and Michael Healy-Rae. I am happy to speak on this important Bill. It provides for powers to carry out investigations of landlords and to impose administrative sanctions. It also provides for offences in respect of non-compliance with restrictions on rent increases in rent pressure zones. It also seeks to increase the notice periods to be provided in the case of termination of tenancies by landlords, to provide for annual registration of tenancies by landlords, and to amend the registration process.

Many of these provisions are worthwhile, particularly the increased notice periods. This is of vital importance. Such rights must be protected in a proportionate and balanced matter. I am aware of one particular case involving a family of a husband, a wife and five children, whom I know very well. This family was renting a property for 14 years while trying to save for a mortgage and while also being on the housing list. The family never missed a month's rent and never once asked for a contribution from the landlord towards the upkeep of the property. They kept the house in exemplary condition. Despite this, the landlady sought legal advice about a lane adjacent to the property and somehow managed to undercut the lease agreement, saying that the family did not have full possession of the property as she used the lane to access her own property next door. That family ended up in emergency bed and breakfast accommodation and went through awful trauma. They are now housed thanks to Wicklow County Council, but their story goes to show how weak the rights of tenants can become.

I do note, however, that the Bill provides for the empowerment of the Residential Tenancies Board, RTB, to investigate a landlord without the need for a complaint from the public. I have very serious concerns around this aspect of the Bill. From additional reading, it seems to grant considerable, and possibly disproportionate, powers to the board. I have very intimate knowledge of the case I spoke about earlier. Deputies Michael Collins and Michael Healy-Rae will understand where I am coming from. However, I have concerns about the RTB getting this kind of power. Some people who get on such boards get overzealous about their powers. We need balance at all times. I am not here to demonise landlords. As the Minister knows, if we did not have landlords we would not have any houses. We need the man who is prepared to spend a few bob, to make an investment, and to put his property up for rent. Once such people are reasonable, that is fine. As far as I am concerned, it is all fair once it is a two-way process.

As I have said, I have very serious concerns about the aspects of the Bill that give too much power to the board. Once safeguards around the compilation of evidence justifying investigation without a public complaint are in place, however, it may be worth supporting. Why would somebody start an investigation without there being a complaint? Are we asking for trouble in asking for things like that? We need balance at all times. We cannot demonise all landlords because we now see that they are fleeing the market and that there are fewer and fewer houses available. The Minister and the local authorities are not providing them. Those are my concerns.

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