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

Eoghan Murphy: Government amendment No. 181 inserts a new section 26 in Part 3 of the Bill to provide for the application of the Residential Tenancies Acts of 2004-16 to the student specific accommodation let under licence to students in a similar manner to which the Act applies to student specific accommodation let under tenancies to students. The necessary technical modifications and definitions are...

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

Eoghan Murphy: I move amendment No. 4: In page 6, between lines 2 and 3, to insert the following: “Amendment of section 3A of Act of 2004 3. Section 3A of the Act of 2004 is amended by the insertion of the following subsection: “(5) This section applies to a dwelling referred to in subsection (1A)* of section 3 as it applies to a dwelling referred to in subsection (4) of section 3 and,...

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

Eoghan Murphy: I move amendment No. 5: In page 6, between lines 2 and 3, to insert the following: “Amendment of section 4 of Act of 2004 4. Section 4 of the Act of 2004 is amended by the deletion of paragraph (g) in the definition of “public authority”.”.

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

Eoghan Murphy: I cannot accept the amendments but I appreciate the motivation behind them. I have lost my deposit before in circumstances I thought were absolutely incredible. When I saw the dispute options open to me, I felt the burden of pursuing them was not going to be worth the money I was trying to retrieve. I have also been in a situation where I have used a deposit to cover my final monthly rent...

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

Eoghan Murphy: If I may be of assistance to the committee, I said this to Deputy O'Brien when we were talking between ourselves but did not say it to anyone else, we all got the grouping list of amendments a bit late. They were grouped differently from how we thought they might have been. I had told Deputy O'Brien that I would not be able to accept amendments because we had not had enough time to see what...

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

Eoghan Murphy: I will do the same for amendment No. 8 as well. I absolutely respect the principle of one month's rent as a deposit. I do not think there should be anything like key money. It is just that we have not had a chance to see what other impacts there might be. I will absolutely look at those two amendments between now and Report Stage. On a point of clarification, the current idea is that all...

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

Eoghan Murphy: I will look at amendment No. 12 as well. That definition is very comprehensive.

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

Eoghan Murphy: If I may jump in, there are a lot of amendments but perhaps we could go amendment by amendment in this group so that I will be able to respond to people.

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

Eoghan Murphy: Government amendment No. 41 has the exact same effect by inserting a subsection (11) into section 35 of the Act. I ask the Deputy to withdraw her amendment. There is a separate amendment on local authority notification, or a separate section, from memory.

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

Eoghan Murphy: The in-and-out problem the Deputy raised, which exists where people are coming in to make some money and then getting out of rental accommodation is exactly why we need more institutional investors making a long-term play for 20 or 25 years who come in to make a gain from rent roll rather than capital appreciation. Getting in for capital appreciation and treating a second property as a...

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

Eoghan Murphy: I was replying to what was said. The Chair is trying to avoid back and forth.

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

Eoghan Murphy: I will want to respond to what Deputy Boyd Barrett says though.

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

Eoghan Murphy: It is far too soon to make the kind of conclusions the Deputy is making based on one example in at best between 5% and 8% of the market, but we will keep it under review.

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

Eoghan Murphy: Amendment No. 40 amends section 34 of the Act to technically update references in paragraph (a)(ii) to the various statements and declarations required to accompany a notice of termination that specifies a ground listed in paragraphs 2 to 5, inclusive, of the table to that section; insert a new paragraph (a)(iii) to require a termination notice citing ground five, which is substantial...

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

Eoghan Murphy: On the Deputy's first question, we have information showing that it is taking longer to complete a sale, and because we are now making this an offence, if it is to be actionable there has to be a fair timeline for that. On his second question, let me double check. Where it was six months, it has gone to 12 months in every instance, for the family but also for the completion of works where...

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

Eoghan Murphy: Yes.

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

Eoghan Murphy: Amendment No. 41 amends section 35(8) of the 2004 Act to require a landlord to offer a re-letting to the former tenant where the landlord has not entered into an enforceable contract to sell the property nine months after the termination notice period has expired and the tenant has provided the landlord with contact details for the purpose of making of such an offer. Consequential...

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

Eoghan Murphy: I am not going to get into another debate on whether we should ban all evictions but speaking to amendments Nos. 43, 48 to 51, inclusive, and part of amendment No. 47, which are all linked to this section, I am putting forward my own amendments to the table in the Bill to strengthen protections for tenants and so I cannot accept these amendments.

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

Eoghan Murphy: Is this amendment No. 48?

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

Eoghan Murphy: This is about compensation where the tenancy is terminated and it is not in the case of an eviction. It remains in law the right of a landlord to serve a notice to quit under certain conditions which are outlined in the Bill. A family member moving into the home, if this Bill goes through as per the amendments, remains something that can be done legally in terms of serving a notice to quit...

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