Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

As I said in reply to Deputy Bacik, the Government has brought in a range of legal measures to protect tenants insofar as we possibly can. Section 35A of the Residential Tenancies Act, known as the Tyrrelstown amendment, provides that where a landlord proposes to sell ten or more units within a single development at the same time, that sale is subject to the existing tenants remainingin situ, other than in exceptional circumstances. That is what is stated in the legislation. It was a carefully drafted amendment to promote security of tenure in the interests of the common social good. It strikes a balance between the right of landlords to sell their properties and achieve a fair return on their investment and the right of tenants to security of tenure. As Deputy Bacik pointed out, there is an issue with how that is being adjudicated upon, or being progressed or prosecuted, whether it is by landlords or if the matter has been referred to the Residential Tenancies Board, RTB. I am not sure whether the cases the Deputy outlined have been referred to the RTB.

As Deputy Boyd Barrett knows, we brought in the Residential Tenancies Act 2022, which provides for the deferment of termination of certain tenancies to the end of March. We will examine the issues he raised. We have a timeframe within which to do that but a balance has to be struck when stating that the answer to every single situation is the local authority buying out private housing for people who are way above the income eligibility thresholds. Those thresholds have been increased by approximately €5,000 in the interim across all local authorities. That may not cover the situations the Deputy identified but, again, a balance has to be struck there as well. We will examine the individual situations he raised. The Minister for Housing, Local Government and Heritage has engaged on the issue of Tathony House, in particular, and has also worked with the council.

The priority in purchasing homes in situhas been in respect of the housing assistance programme, people who are on the housing assistance payment, HAP, and those renting houses under HAP or, indeed, the rental accommodation scheme. Approximately 600 properties have now been purchased where tenants remain in situ. The issue is that the Deputy is saying we should go higher than those eligibility thresholds. That has to be examined in a comprehensive way. It cannot just apply to every single specific case that arises no matter how difficult it is, and it is very difficult for the people concerned who were identified by the Deputy. That is why we will engage with the tenants and the council in the area to see what can be done in that respect. We will also make sure that we can support the tenants in the affirmation of their rights and entitlements under the Act. From what has been said, maybe the calls being made by the landlords in respect of this Act may not be the correct ones, legally.

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