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Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: I thank the Chair. The Bill is about strengthening the Tyrrelstown amendment. The Tyrrelstown amendment, as I am sure most committee members will be aware, was introduced to ensure that where ten or more rental homes are being sold together, renters would not be evicted and would be able to stay in their homes as long as they are paying their rent and comply with all the other normal...

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: The principal Act in it is the Residential Tenancies Act 2004 and it would be amended so that, in section 35A, subsection (3) would be deleted. That is technically what the Bill does.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Yes, the reasons for exemption.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: No. That is the exemption.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: That is the information I have, from Second Stage and from the Minister. The Minister obtained it from the RTB. The Minister was keen to stress that this was a sample. This is what the RTB was able to provide to the Minister and the Department. They are not saying these are the definitive figures but from what they were able to find, they were able to find four uses of the clause or...

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Yes, there are difficulties around the way it was constructed. There are differences concerning undue hardship as well. I think we all are aware of individual landlords who are reliant on one particular property for their day-to-day income or pension. Proving undue hardship when it involves the sale of ten or more units, however, is going to be much more difficult. I can see the intention...

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: It does.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: From my knowledge of this, in terms of compliance with the amendment, the onus is on the landlord. Before the Tyrrelstown amendment, if a landlord was selling ten, 20 or 30 homes or a full apartment block, it was legal for that landlord to issue eviction notices on the basis of sale, the same as an individual or small landlord. The onus would be on landlords to ensure they are compliant in...

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: I would have to look at it.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Yes.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Just to clarify, for most renters in this situation, nothing changes. They will still have the protection of the Tyrrelstown amendment. In the small number of cases where, in my view, attempts are made to try to circumvent this amendment, that possibility would be removed.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Yes. That has certainly happened in a number of instances, Tathony House being one such example. I think it has happened out in St. Helen's Court, DĂșn Laoghaire, as well. Therefore, by utilising this clause without necessarily being able to prove it in the end, for someone trying to get vacant possession, it can still have that effect. It kind of undermines the amendment, although the...

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: I think it was arbitrary. It was to specifically exclude small- and medium-sized landlords from this. My view is that it would not have passed if they had been included. There would not have been that cross-party support for it, so-----

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: I could not tell you with 100% certainty. Sorry. It is just that we have dealt with thousands of amendments of different-----

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Not that I can recall. I could not tell you definitely that I have not. I would have to look back. The impetus for me to draft this Bill came when I saw what was happening in Tathony House, having seen what had happened in St. Helen's Court. The impetus for me to do this came relatively recently, within this year.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: That was a miscellaneous provisions Bill, though. Is that the reason?

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: That is why we are not getting miscellaneous Bills.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: We would be coming forward with all these things.

Joint Oireachtas Committee on Housing, Planning and Local Government: Scrutiny of Homeless Prevention Bill 2020, Tenancy Protection Bill 2023 and Dereliction and Building Regeneration Bill 2022: Private Members' Bills (14 Dec 2023)

Cian O'Callaghan: Not that the Minister-----

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