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Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 3: In page 6, to delete lines 21 to 40 and substitute the following:" "(c) a dwelling that is let by or to a public authority,".".On foot of detailed discussions with the approved housing bodies sector during the initial drafting of the Bill, it was decided to exclude approved housing body tenants in receipt of care support services from the application of the Residential...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 6: In page 7, to delete lines 6 to 8 and substitute the following:"(b) for the avoidance of doubt, this Act does apply to that dwelling where that dwelling is the subject of a sub-tenancy arising from that sub-letting, including any such sub-tenancy created before the commencement of this subsection.".".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 8: In page 7, line 16, after "2009," to insert "and".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 9: In page 7, lines 19 to 22, to delete all words from and including "and" in line 19 down to and including "and" in line 22 and substitute the following:"and".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 10: In page 7, line 28, after "2009," to insert "and".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 11: In page 7, lines 31 to 33, to delete all words from and including "and" in line 31 down to and including "section 3(2)(c)," in line 33.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 12: In page 7, line 45, to delete "and".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 13: In page 8, line 2, to delete "accordingly." and substitute the following:"accordingly, and(c) notwithstanding that the dwelling is the subject of a sub-tenancy, the subtenancy shall be treated as a tenancy under this Act and references to a tenancy in this Act shall, in so far as they concern that dwelling, be construed accordingly.".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 14: In page 9, line 4, to delete "and".These amendments provide that sections 19 to 22, inclusive, and section 139 of the Residential Tenancies Act 2004 will not apply to approved housing body tenancies. Approved housing bodies use the differential rent scheme applied by local authorities to determine the rent charged for their dwellings. Under this system, the amount...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 15: In page 9, to delete line 8 and substitute the following:"a dwelling the subject of a tenancy referred to in section 3(4),".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 16: In page 9, between lines 8 and 9, to insert the following:"(e) sections 19 to 22 shall not apply to a dwelling the subject of a tenancy referred to in section 3(4), and (f) section 139 shall not apply in respect of a dwelling the subject of a tenancy referred to in section 3(4).".".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 17: In page 9, subsection (2), line 13, to delete "section 3B(1)(b)" and substitute "section 3B(b)".These are drafting amendments to correct errors in the numbering of the Bill, as published.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 18: In page 9, subsection (4), line 23, to delete "section 3B(1)(a)" and substitute "section 3B(a)".

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 19: In page 9, subsection (5), line 26, to delete "paragraph" where it firstly occurs and substitute "paragraphs".On foot of the amendments applying the 2004 Act to all relevant approved housing body tenancies, I am proposing to include a further ground of termination for Part 4 tenancies which will only apply to approved housing bodies. This new ground for termination...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: We have to get the balance right in these proposals. Our concern is that if this measure is not in place, approved housing bodies might be slow to take tenants who are likely at some point in the future - people usually sign up to a tenancy for four years or more - to progress to needing the type of care services that simply are not available. We are anxious not to create a disincentive for...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: No. The intention is not to interfere in such a situation. This measure only applies to approved housing bodies. If the family were to move into private rented accommodation, this section would not apply in those circumstances. The intention is that it will only apply in circumstances where a person is demonstrably not able to stay in the accommodation because the supports are not...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: In engaging with the approved housing bodies I intend to ensure the dialogue will continue. As members will know, the approved housing bodies already have facilities for people in wheelchairs and people with considerable needs. There is no intention to change this. This measure will only apply in a situation where it is demonstrable that a person cannot manage anymore in the accommodation...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 20: In page 9, line 38, to delete “renewed.”.” and substitute the following:“renewed.4B. In the case of a dwelling referred to in section 3(4), the dwelling is no longer suitable for the accommodation needs of the household referred to in that section, or any member of that household, because the requirements of that household, or any member of...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 21: In page 9, lines 39 to 42, to delete subsection (6) and substitute the following:"(6) Section 35 of the Principal Act is amended by inserting the following subsections after subsection (6): "(7) Paragraph 4 of the Table is subject to section 3B(c) (inserted by section 4 of the Residential Tenancies (Amendment) Act 2013). (8) In paragraph 4B of the Table, ‘care...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage (30 May 2013)

Jan O'Sullivan: I move amendment No. 22: In page 10, line 21, to delete "section 3B(1)(d)" and substitute "section 3B(d)".

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