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Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I am supporting half of it.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I think I understand. To be clear, if a landlord of student accommodation was to attempt to terminate the licence in breach of that licence agreement, although not in breach of Part 4 tenancy rights, the student would still have the right to bring that type of case to the RTB. I want to confirm that is the case.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Obviously, annual registration kicks in from 2020 but student-specific accommodation is not always annual. For example, if one looks at websites today, one will see three, six or nine-month licences. If I sign up to the September to December licence but renew that licence from January to three months after that or if I sign a licence from January to March and then opt in April to sign a new...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Just once a year.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: To be clear-----

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I am not criticising it. My query is more for clarity. For example, in a case where a student signs up to a licence for three months in January, obviously, there is an obligation to register that but if that student then signs up to another three-month licence after that or if that student moves out and another student moves in, there is no obligation on the student-specific accommodation...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: That is fine.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: My apologies, I had a second question. It might not be pertinent to this. Will a version of the reduced rate charge for group registrations apply to the approved housing body, AHB, sector or is it just specific to this?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: That is fine.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: This was one of the issues a number of us raised. I welcome the fact that the Minister has made the change. I probably would have preferred to see not just a fee building up but also a fee incrementally increasing over that period of time but I think it is a very positive change from the flat additional charge of €20 so I welcome it.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: The Deputy should resubmit the amendment.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: The Deputy should ensure his amendments are better drafted before they are resubmitted. We will give him a hand.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: This was one of the sections of the Bill as originally presented. I was torn on the amendment. I am very sympathetic to the approved housing bodies, which have communicated with all members regarding the financial and administrative impact on them. However, I have listened very carefully to the Residential Tenancies Board regarding the need for accurate annual information such that we can...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I thank Deputy Martin for tabling these amendments, which we will be happy to support. The Deputy is right, in that landlords are using this mechanism to circumvent the anti-discriminatory legislation. Previously, landlords would have refused rent supplement, HAP, etc. It is a clear ruse to avoid social welfare-dependent tenants for prejudicial or other reasons. There is nothing that...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I support Deputy Darragh O'Brien's amendment. I understand fully the complexities of the creation of this scheme but it would assist the RTB greatly in reducing that bit of its dispute backlog. It would also generate revenue. The interest would be a considerable sum if the RTB were to be the holder of all of these deposits in its account. There would, therefore, also be a financial return...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: That is a very positive response to the amendments of Deputies Catherine Martin and Darragh O'Brien. While the Minister is right that there was probably some inaccurate reporting around key money, it is important to make a distinction between that and the very common practice of some landlords looking for multiple months' rent in advance. All of us have significant experience of that....

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I refer to the change from three months to nine months. Is that based on evidence that landlords were genuinely engaged in the sale of the property but who, because the property sale was taking more than three months, fell foul of the existing legislation? I am interested to know the origin of it. Are the two subsequent changes lengthening the period of time from six months to 12 months...

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Is it a benefit to the tenant in the first instance?

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: Perfect.

Select Committee on Housing, Planning and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (11 Apr 2019)

Eoin Ó Broin: I will speak to both amendments. We have discussed both at length and I am not looking to open up the debate but just to make the case briefly. The issue of vacant possession notice to quit is significant and everybody knows why. Amendment No. 50 seeks to remove sale of property as a ground for issuing a termination notice. At some point we have to move to a rental market where properties...

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