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

I move amendment No. 13:

In page 12, between lines 11 and 12, to insert the following:“Grounds for termination by landlord

13. Section 34 (Grounds for termination by landlord) of the Act of 2004 is amended—

(a) by deleting paragraph (b), and

(b) in the Table—

(i) by deleting paragraph 3, and

(ii) in paragraph 5, by substituting “, no reasonable measures can be taken to maintain the dwelling fit for human habitation during the refurbishment or renovation” for “in a way which requires the dwelling to be vacated for that purpose”.”.

In a situation where a landlord proposes to terminate a tenancy because he or she intends to renovate the dwelling, the criterion is that it is a level of substantial refurbishment that requires the tenant to vacate the dwelling. The criterion I am proposing in the amendment is that the dwelling would not be fit for human habitation during the refurbishment and therefore the tenant would have to be removed. I acknowledge that the Minister strengthened the original grounds in amendments we debated on Committee Stage, but I believe this is a good way to determine whether the tenant genuinely needs to be moved out of the accommodation for the work to be done.

I will also speak on amendment No. 14 as it is included in this group. We are all aware that many loopholes are used by landlords who wish to get rid of tenants. One of them is that a family member is moving into the dwelling. That is fair enough if the landlord needs the home for a close relative such as a spouse, civil partner or a child, including a stepchild, foster child or adopted child, of the landlord. The definition of relative that is used is quite broad, however, and I am seeking to narrow it in the amendment to the immediate family members of the landlord.

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