Dáil debates

Thursday, 23 July 2020

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Rental Sector

10:30 am

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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4. To ask the Minister for Housing, Planning, and Local Government if measures will be introduced to improve security of tenure for persons renting; if the grounds for evictions will be limited; and if he will make a statement on the matter. [17911/20]

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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First, I welcome the comments that the Minister made about working collaboratively with Opposition spokespeople. If the Government proposals for the committee system go through, not only will some of us not be on the Joint Committee on Housing, Planning and Local Government, we will not be on any committee. That needs to be looked at.

What are the Minister's plans to improve security of tenure through immediate legislation, published in the next couple of days? Will further legislation on improving security of tenure be introduced later in the year?

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I thank the Deputy and assure him that, whether he is on the housing committee or not, I intend to work with any Deputy who brings forward constructive measures on housing. I will absolutely do that. The matter of the composition of committees is for the Whips and the Business Committee. I cannot control it.

To answer his specific question, the Residential Tenancies Acts 2004 to 2019 provide that where a tenant has been in occupation of a dwelling for a continuous period of six months with no valid notice of termination having been served during that time, a Part 4 tenancy is established to cover the next five years and six months. Section 34 of the Act provides that a landlord must state a reason for the termination of any tenancy notice served in accordance with the grounds for termination set out in the table to that section.

The programme for Government, Our Shared Future, commits to improving security and affordability for renters. To achieve that, we will develop a cost rental model for delivery of housing that creates affordability for tenants and a sustainable model for construction and management of homes. We will also support the adequate supply of rental accommodation by ensuring equity and fairness for tenants and landlords alike. We will reform the fair deal scheme to incentivise renting out vacant properties, which is a massive issue. We will improve security of tenure for tenants and increase Residential Tenancies Board, RTB, enforcement. I am also examining incentives for further long-term leasing. I am going to instruct local authorities, as part of their housing strategies, to undertake and publish a rental needs assessment.

To answer the Deputy's specific question, subject to Cabinet approval, I aim to introduce residential tenancy legislation in the Houses of the Oireachtas before the summer recess to further protect tenants who have been economically impacted by the Covid-19 pandemic.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank the Minister for his reply. He mentioned in that reply that he is looking at incentives, cost rental and different measures. Is he actually going to look at measures that will improve security of tenure for tenants across the board? We need more than just incentives for long-term tenancies. I do not think there is any rationale for a four-year cut-off point, after which one is back to the start. Will the Minister be looking at getting rid of that four-year limit so that, once one has established a tenancy, apart from grounds such as failure to pay rent or anti-social behaviour, one can keep that tenancy? Will the Minister be examining that issue?

Will the emergency legislation that the Minister is considering only cover tenants who can prove that they have been specifically impacted by Covid-19? Will it not offer general reform and protection for renters over the next few months? The Minister might clarify those matters.

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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There will be a couple of parts to the Bill that I bring forward. One relates to significant and permanent changes to tenancy protections that will endure beyond the Covid pandemic. We all want to see the pandemic conclude as soon as possible, but it will be with us for a while. I will bring forward other measures, subject to Cabinet approval, and the Bill has not been approved by Cabinet yet. Those measures are focused on those who are most vulnerable during the pandemic. I hope to be in a position to publish that legislation in the next couple of days.

There are other things at which I am looking, for the information of the House. I have received anecdotal evidence as both a Deputy and a Minister to the effect that the termination of a tenancy due to sale was being abused in some areas, prior to the pandemic. I am looking clearly at that issue to make sure that if a notice of termination is issued for reason of the sale of the property, outside the pandemic emergency legislation, there needs to be a follow-up to make sure that sale has happened.

11 o’clock

When a sale does not happen and it has just been used as an excuse to put someone out, we must be very tough on those who break the rules. There are other elements I am also examining.

10:40 am

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank the Minister. I was a member of the Government commission on the private residential sector which drew up the plans that are currently in place. I was a representative of tenants' interests at the time. Even though it was more than 20 years ago, the means by which many of the grounds for eviction in the legislation came about are very clear. They are far too wide in scope and need to be narrowed. This is fundamentally about whether a rental home is actually a home as well as an investment vehicle for someone who is renting it out, and whether rights come with that status. Are those rights paramount and will they be recognised as such? We need to recognise that a rented property is a home.

I would like to ask about narrowing the grounds for termination and making further improvements beyond the scope of the legislation the Minister is bringing to Cabinet. What is the timeframe for this action? When will these measures be taken?

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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There will be some permanent measures in the Bill I intend to bring before the House next week. They will take effect from 2 August so there will be no gap between them and the current protections. There will be a seamless transition to the new provisions. The session of the Dáil beginning in September will also be important. We will need to work with the joint committee on further measures. I have mentioned one example concerning termination on the grounds of sale. That ground for termination can be very valid but I have evidence that it is sometimes used erroneously. There are things we need to do there.

Fundamentally, I want to ensure we are providing secure tenancies and secure public housing. People must have a home to call their own, including through public housing schemes. I want public housing on public land. We will introduce the Land Development Agency legislation in the next session. The affordable purchase scheme and the affordable rental scheme are also a part of that effort. There is a lot of work we must do together which is very important for this country. We will see some movements in that regard next week and very early in September.