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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: Is it in Dún Laoghaire?

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

Eoghan Murphy: By my reckoning, the rent could only have increased from €2,200 to €2,288 if this was in place.

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

Eoghan Murphy: I am assuming that this is a new property that is not captured by the RPZ provisions.

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

Eoghan Murphy: They created a new letting and tried to increase it by 40% but they could only do so by 4%, which is €88 based on the numbers the Deputy gave me, rather than the €1,000 that would have constituted 40%.

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

Eoghan Murphy: As the Deputy said, this should not have been allowed at the time but it was legal. It will no longer be legal.

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

Eoghan Murphy: The Deputy will then welcome and accept the provision.

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

Eoghan Murphy: It is a really important change that we are making to the law and it is a really good change.

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

Eoghan Murphy: I will take that.

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

Eoghan Murphy: A number of amendments are linked but we are opposing them because we have our own amendments to bring forward. If a landlord did a substantial refurbishment to their property they were able to cite that as grounds for getting outside the RPZ provisions. People were concerned that this was being used for renovations and as an excuse to get people out so that they could jack up the rent and...

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

Eoghan Murphy: Substantial change is defined as works that consist of a permanent extension that increases the floor area by 25% or where three of four things happen, which are raising the BER by two points; adding an extra room; making a change in the internal layout of the home; or an adaptation to allow for disability access. If landlords do that they can put in an application to the RTB, signed off by...

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

Eoghan Murphy: B1 or A2.

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

Eoghan Murphy: We are talking about a permanent change internally. In addition, they would not be able to get around building control standards for the minimum size of a room, for example, by putting a wall between two bunk beds or something like that.

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

Eoghan Murphy: Where a landlord seeks to invoke this exemption, the rent will not be treated as a small thing. A number of different documents will have to be lodged to prove the landlord has done it. I understand the concerns about whether a landlord might address just the BER or the layout. A combination of three of the four factors I laid out would have to be accomplished, or a 25% extension to the...

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

Eoghan Murphy: Amendments Nos. 17, 19 and 23 to 25, inclusive, all relate to the same issue.

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

Eoghan Murphy: On the issue of a minimum of a C1 rating, some buildings will never reach it because of their age. I am informed that the Custom House is such a building and that one could never get it up to a C1 rating. I am reluctant to tie it to a specific grade but we can look at whether we can have a requirement of three points if it is at a certain grade, or of two points if it is at another grade,...

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

Eoghan Murphy: It was a very good idea and we did consider it when it was raised in the previous session. The home incentive scheme is a bit different because it is a person's home, so perhaps there is a different incentive base working there.

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

Eoghan Murphy: I know, and we had a lengthy discussion about a rules-based or principles-based approach to these matters. Here we are very much falling down on the rules because a principles-based approach was too open to interpretation. Where we came down with regard to the money issue was that it was more of a problem around verification, the potential to defraud, and that type of approach to it rather...

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

Eoghan Murphy: Our approach with this is that we have the stronger class A penalty applying under the new section 148S if someone obstructs the work of a Residential Tenancies Board, RTB, authorised officer in carrying out an investigation, but for the new section 19 offences, a class B offence is the approach that has been taken. That gives the potential for imprisonment for a term not exceeding six...

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

Eoghan Murphy: Yes, and potentially a fine as well if it is a class B offence, so they will do time.

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

Eoghan Murphy: Amendment No. 32 is to change section 20 of the principal Act to extend for a further period, from 4 December 2019 to 31 December 2021, the restriction of rent reviews to occurring at most once every two years before reverting back to a yearly restriction. Essentially, because we are lengthening out rent pressure zones, RPZs, to 2021, outside of an RPZ the rent can only be reviewed every two...

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