Results 7,061-7,080 of 17,531 for speaker:Jan O'Sullivan

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: Approximately another minute. Does the Chairman want to wait?

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 will begin roughly where I left off. I was making the point that where the tenant has not paid the rent, the PRTB has not the power to terminate the tenancy unless the landlord has served notice of termination. Where the notice of termination is invalid, the landlord must re-serve the notice and wait out the notice period before getting possession of the dwelling. If the tenant...

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: As both Deputies implied and as I have been saying, we are trying to strike a balance between the rights and responsibilities of both the tenant and the landlord. That is essentially the purpose of the amendment. To answer Deputy Dessie Ellis's question on a tenant who is not paying, where a landlord is not carrying out certain maintenance work, a tenant has a legitimate reason to go to...

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: Is the Deputy referring to backdating in people getting on the housing list?

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: One way or another, a landlord is entitled to get his or her rent.

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: This amendment is about ensuring a landlord has the right to have the rent paid. The issue the Deputy is raising is whether a tenant can afford to pay the rent for a variety of reasons, whether it is because they have not yet been approved on the housing list or whether a community welfare officer has not paid them rent supplement for one reason or another. That is a valid point but I do...

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. 38: In page 19, before section 43, but in Part 4, to insert the following new section:44.—Section 76 of the Principal Act is amended by inserting the following subsection after subsection (4):“(5) The landlord may refer to the Board for resolution a complaint under section 76A that a tenant or, as the case may be, a sub-tenant has failed to comply with...

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. 39: In page 19, before section 43, but in Part 4, to insert the following new section:45.—The Principal Act is amended by inserting the following section after section 76:76A.—(1) This section applies where a matter has been referred to the Board for resolution (the ‘original dispute’) and pending the determination of that dispute a tenant...

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. 40: In page 19, before section 43, but in Part 4, to insert the following new section:46.—Section 86 of the Principal Act is amended—(a) in subsection (2) by inserting the following paragraph after paragraph (c):“(ca) in the case of paragraph (c) of that subsection, the tenancy has been terminated pursuant to a determination under section...

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. 41: In page 19, before section 43, but in Part 4, to insert the following new section:47.—Section 94 of the Principal Act is amended by inserting the following paragraph after paragraph (a):“(aa) mediation of the kind mentioned in that section in respect of complaints under section 76A,”.”.

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. 42: In page 19, before section 43, but in Part 4, to insert the following new section:48.—Section 97 of the Principal Act is amended—(a) in subsection (1) by inserting “76A,” after “under section”, (b) in subsection (2) by inserting “76A,” after “under section”.”.

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. 43: In page 19, before section 43, but in Part 4, to insert the following new section:49.—Section 100 of the Principal Act is amended—(a) in subsection (2) by substituting “Subject to subsection (3), such an appeal” for “Such an appeal”, and (b) by inserting the following new subsection after subsection (2):“(3) An appeal...

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. 44: In page 19, before section 43, but in Part 4, to insert the following new section:50.—Section 104 of the Principal Act is amended—(a) in subsection (5) by substituting “Subject to subsection (5A), the duration of” for “The duration of”, and (b) by inserting the following subsection after subsection (5):“(5A) The...

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. 45: In page 19, before section 43, but in Part 4, to insert the following new section:51.—Section 109 of the Principal Act is amended by inserting the following subsection after subsection (1):“(1A) For the purpose of the hearing and determination of a complaint under section 76A, without prejudice to the generality of subsection (1), the Board shall...

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. 46: In page 19, before section 43, but in Part 4, to insert the following new section:52.—Section 124 of the Principal Act is amended by inserting the following new subsection after subsection (5):“(5A) Where an application is made in respect of a determination order under section 76A(7) that requires the dwelling to be vacated, the court may, pending the...

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. 47: In page 19, before section 43, but in Part 4, to insert the following new section:53.—The Principal Act is amended by inserting the following new section after section 180:180A.—(1) Without prejudice to section 180, the Board shall, not later than 6 months after the coming into operation of section 76A, make a report to the Minister in such form as the...

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 fully appreciate the intention behind Deputy Ellis's amendment. I wish to repeat what I said on Second Stage. I intend to bring forward an amendment in this regard in the Seanad. We were just not ready to do so here, as it has not been fully drafted. It is a priority and a commitment in the programme for Government to establish a deposit protection scheme. On foot of that commitment, I...

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. 53: In page 19, after line 39, to insert the following new section:44.—(1) The Principal Act is amended in the manner specified in the Schedule*. (2) The following provisions of the Principal Act are repealed:(a) section 115(2)(i); (b) section 126; (c) section 190(2)(b).".The amendment provides for the repeal of three sections of the Residential Tenancies Act 2004...

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. 54: In page 19, after line 39, to insert the following new section:45.—Section 6 of the Housing (Miscellaneous Provisions) Act 1992 is amended in subsection (2) by inserting the following paragraph after paragraph (e):"(ea) by letting a house (including a house provided under Part V of the Planning and Development Act 2000) to another housing authority referred to...

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. 55: In page 19, after line 39, to insert the following new Schedule: SCHEDULE Provision affected(1) Amendment(2) Section 5(4) Insert "and the amount of such costs shall not exceed €5,000" after "of that subsection". Section 6(1) Insert "or other document" after "notice". Section 88(1) Insert "or an appeal under section 100 to the Tribunal against a...