Damien English (Meath West, Fine Gael) | Oireachtas source

We are moving onto the provisions dealing with the rental sector, housing, planning and other areas. This is a Second Stage debate but I want to be clear that we are moving on from social protection to the housing element of the Bill. There was some confusion with spokespersons earlier. For clarity, I wish to state that we are moving onto the next section.

Before I move on to discussing the various amendments which have been put forward and what is in the legislation, I offer my condolences to the families who have been affected by coronavirus and have lost loved ones. We all recognise this has already hit home for some families much harder than others. I wish those who are unwell and receiving treatment a speedy recovery.

I also wish to recognise that the offices of all Deputies and Senators are available to assist people as much as we possibly can. I understand most offices are officially closed but all of the services we provide continue behind the scenes. In line with many other community groups, we are available to help as best we possibly can. Likewise, the offices of Ministers and Ministers of State are open to any Deputies who may have issues they want to raise with us. I recognise the co-operation we have had in trying to piece together legislation quickly over the past couple of weeks. Members have made suggestions, amendments and so on. While we cannot accommodate everything, there has been a lot of co-operation from all involved from representatives of all parties and none.

The Minister for Housing, Planning and Local Government, Deputy Eoghan Murphy, and I want to recognise the work that is being done on the front line by all involved with the Department of Housing, Planning and Local Government. A lot of work has been done in recent weeks to put plans in place to deal with all of the scenarios which might arise in the weeks and months ahead.

We received much co-operation from local authority level, from NGOs and from all the various stakeholders, including front-line teams working with the homeless, as well as the stakeholders, both private and public, when it comes to family hubs, hostels etc. Everybody has played their part and got involved with us on the plans as well. I recognise all the hard work that goes on there too. Other Ministers and Deputies have mentioned other Departments. I will keep to the Department for Housing, Planning and Local Government for now, but I recognise there is good work going on there being led by the local authorities.

In relation to Part 2 of the Bill, the Bill provides for amendments to the Residential Tenancies Acts 2004 to 2019 to prevent both tenancy terminations and rent increases during the Covid-19 emergency period. The aim is to keep people in their homes. We need to restrict the movement of people to protect the health and lives of our citizens and this Bill will help reassure tenants that they will not be forced to leave their home during the unprecedented emergency.

No notice of termination can be served during Covid-19 and, except in exceptional circumstances, those served before the emergency cannot take effect until after the emergency period has passed.

These emergency measures do not mean tenants can ignore their obligations. Tenants wilfully in breach of their obligations can be pursued by landlords, but only with the approval of the Residential Tenancies Board, RTB, in extreme circumstances. That still must be allowed for. Generally, such determinations would take up to 16 weeks to execute.

Rent increases are prohibited during the Covid-19 emergency period. However, landlords and tenants are free to enter into informal arrangements to allow for rent decreases for the duration of the Covid-19 emergency.

The Bill defines the Covid-19 emergency period to be of three months' duration but this period can be extended, if necessary, by Government order.

This legislation seeks to protect both tenants and landlords. Landlords accept that some tenants will face serious financial challenges over the coming weeks and months and landlord sector bodies have confirmed in recent engagements with the Minister, Deputy Eoghan Murphy, that they will work to support tenants to the greatest extent possible. The banks, and in turn landlords, recognise that forbearance is required. The Minister for Finance, Deputy Donohoe, dealt with that on a number of occasions in recent weeks.

While tenants are legally obliged to continue to pay rent during this emergency, the Government is fully conscious that some tenants have seen a reduction in their working hours, some have lost their job, and others have been forced to self-isolate to protect their communities and in some cases have contracted Covid-19.

The Government has made available a range of income and rental supports to anyone in financial difficulty. I encourage tenants encountering difficulty to engage with their landlords and the Department of Employment Affairs and Social Protection at the earliest opportunity to seek whatever income and rental support might apply in their case. There are quite a lot of supports but, naturally, these are individual in nature.

Section 3 of the Bill provides for standard definitions, including a definition of the Covid-19 "emergency period" to be of three months' duration. The Government is empowered under section 4 to extend this emergency period by order, if necessary.

Section 5 provides that a landlord cannot serve a notice of termination during the Covid-19 emergency period. Where a notice of termination was served before the emergency period, it cannot take effect during Covid-19, except in certain exceptional cases as outlined earlier. For tenancies of less than six months' duration, a tenant will now have 28 days, as opposed to 14 days, from receipt of a rent arrears warning from a landlord to pay overdue rent. Where the tenant fails to pay, the aforementioned tenant protections will apply so the landlord effectively can only serve the notice of termination at the end of the Covid-19 emergency.

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