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Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: This is not about "renovictions". We should be clear on that. This is about using the excuse of renovation to get around rent controls. It happens in circumstances where it should not. People make bogus claims about renovation, or the supposed renovation is not renovation but a lick of paint. That has to stop and with this legislation it will stop. Verification will come through the...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: It is important to note when one looks through every section of the Bill that it is composed of new measures to help and protect tenants. Some of the big criticisms of the Bill have come from landlords who say it is all pro-tenant and there is nothing in it for them. Big changes are coming in terms of new qualifying criteria for rent pressure zones and the Bill closes some of the perceived...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 3:In page 8, line 5, to delete “different to” and substitute “different to what was”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 4:In page 8, line 16, to delete “or”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 5:In page 8, between lines 16 and 17, to insert the following:“(ii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, result in the BER (within the meaning of those Regulations) being improved by not less than 7 building energy ratings, or”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 6:In page 8, line 17, to delete “(ii)” and substitute “(iii)”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 7:In page 8, line 24, to delete “or”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 8:In page 8, to delete lines 25 to 29 and substitute the following:“(IV) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply and that has a BER of D1 or lower, the BER (within the meaning of those Regulations) being improved by not less than 3 building energy ratings; or (V) in the...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I will speak on amendments Nos. 13 to 15, inclusive. If the change proposed in amendment No. 13 was implemented, it would unravel the structure of the 2004 Act, which is built around the concept of the security of tenure protection applying only for the six-year duration of the Part 4 or the further Part 4 tenancy cycles. It is the Government's policy to move towards tenancies of indefinite...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: We debate housing in this House every week, as we should. We have had the Second Stage debate on this Bill. We have had two Committee Stage debates and we are now on Report Stage. We do not want any further delays to this legislation because it is so important. That is why I call on Deputies to refrain from making Second Stage speeches on Report Stage. Deputy Boyd Barrett is right to...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No.15:In page 13, to delete lines 6 to 15 and substitute the following:“ “(11) Where, in respect of a tenancy, a landlord serves on a tenant a notice of termination that cites, as a reason for the termination, a ground specified in the Table, the landlord shall give a copy of the notice of termination to the Board not later than 28 days after the expiration of...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I thank Deputy Broughan for his amendments. Unfortunately, I cannot accept them because the intention of sections 19 and 20 of the Bill is to provide the RTB with the power to charge a fee for its mediation service, although I understand that the RTB does not plan to use this new power in the short or medium term. I agree that there is merit in continuing to encourage the use of the free...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I thank Deputy O' Sullivan for her amendment. As I said on Committee Stage, I wanted to do this. I wanted to have a rent register to provide rent transparency on individual properties. I had a very robust back and forth discussion with the Attorney General's office on this. The strong advice that came back was that I could not do this, that it would not be legally sound for me to pursue...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: Yes, I did want it by individual property but after a number of engagements with the Attorney General, I cannot proceed down that path. Deputy Daragh O'Brien is right that we need to allow the annual rent registration process to come into force and then see how we can best use that data to give as much transparency to tenants as possible. Once that data is collected and that becomes the new...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: It is interesting to note the completely contradictory views of two Deputies on the role of the AHBs, on their size, and on the ability of AHBs to meet some of the demands that have been placed on them. In response to Deputy Boyd Barrett, there is no tiering of social housing in this country.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: Local authorities are building more homes than housing bodies using Government money. It is interesting that many people who are housed by such housing bodies would say that they are better at managing local estates than local authorities. We have to be careful about drawing conclusions from the views the Deputy has expressed, which are anecdotal rather than based on evidence. That is the...

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 27:In page 17, line 18, to delete “the tenancy, and”,” and substitute the following:“the tenancy, and”,and”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 28:In page 17, between lines 18 and 19, to insert the following:“(iv) the insertion, in paragraph (b), of “and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019” after “passing of this Act”,”.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 29:In page 18, to delete line 2.

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages (8 May 2019)

Eoghan Murphy: I move amendment No. 30:In page 18, lines 4 and 5, to delete “(construed in accordance with subsection (8) of section 137A)”.

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