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Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I want make a quick point about providing in legislation for reports to be drawn up. Sections 16(3)(a), 16(3)(b) and 16(3)(c) of this Bill make provision for a report to be drawn up under this legislation. I mention that to make the point that it is quite normal to provide in legislation for reports to be drawn up. In fact, such provision is made in a different section of this Bill.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 2:In page 8, line 34, after “ratings” to insert “and to a minimum BER of not less than C1”. I welcome section 3, which will define what a substantial change in the nature of the property means for the purposes of a landlord seeking to be exempted from the rent caps. The Bill will allow for an increase in energy efficiency, through the...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 4:In page 8, between lines 39 and 40, to insert the following:“(b) the works carried out under paragraph (a) have been the subject of a physical inspection by the Board,”.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I acknowledge that amendments Nos. 6 and 7 have been ruled out of order, but I wish to highlight that amendment No. 8 has the same intention, namely, to extend rent pressure zones throughout the country for three years. We are in a crisis and it would be wise to support amendment No. 8 which has the same intentions as amendments Nos. 6 and 7. I am unsure why they were ruled out of order.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I know that.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I was a bit jumbled when I was trying to explain amendment No. 7. It was amendment No. 9 I was referring to as having the same intention as amendment No. 7. I am not asking for Sinn Féin's amendment to be ruled out of order but I may resubmit amendments. What are the criteria for ruling ours out of order when its intention is exactly the same as amendment No. 9? I want to reserve the...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: They are ruled out by the Chair.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 12:In page 11, between lines 17 and 18, to insert the following:“Indefinite Tenancies 11.Section 28 of the Act of 2004 is amended in subsection (2)(a), by the substitution of “an indefinite period” for “the period of 6 years”.”. Amendments Nos. 12 and 13 are similar in that they would both prohibit so-called no reason evictions...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I suspected the contribution in terms of constitutionality. However, amendments Nos. 12 and 13 are just setting down the same legal provisions that exist for people in residencies under four or six years, depending on how long they are there. What I do not understand is the rationale that if people are in long-term residency and have built their lives in a certain community, a landlord would...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: Can I respond?

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: Regardless of whether my amendments are sufficient, I wonder why the current legislation does not extend the same provisions in respect of a tenancy and having no-reason eviction. At present, if someone is in a house for six years, the landlord can ask him or her to leave without a reason, but if he or she is there for three years the landlord would have to meet a set of requirements....

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 13:In page 12, between lines 9 and 10, to insert the following:“(2) Section 34 of the Act of 2004 is amended by the deletion of paragraph (b).”.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 14:In page 12, to delete line 11.

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 18:In page 12, between lines 21 and 22, to insert the following:“Further amendment of section 34 of Act of 2004 13. The Act of 2004 is amended by the insertion of the following section after section 34:“Restriction on termination of tenancies in buy-to-let dwellings34A. (1) A Part 4 tenancy may not be terminated by the landlord on the ground specified in...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I move amendment No. 20: " Less than 6 months 60 days "

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: We are opposing section 19 which allows the Residential Tenancies Board to begin charging for mediation services. I am aware from the Minister's contribution last night on Second Stage that it is an expensive service that needs to be paid for. I accept that, but it should not fall on vulnerable tenants to foot the cost in a property market that is so heavily weighted towards big landlords....

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: I agree with Senator Humphreys. I have been a community worker for most of my life and still spend a certain amount of my time trying to find services for which people will not be charged because they cannot afford to pay for them. Some of these are vital services such as counselling and addiction services. Thought should be given to making sure a strong case would have to be made for why...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: In no way am I questioning the Minister's intention to give the nod to a fee in the coming year or so. However, we cannot put that into legislation. We need something that will apply to whoever succeeds the Minister. It is proposed to include in the legislation a wide reference to cutting the fee. It does not mention that the burden of that fee would fall on the landlord. It does not...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: There is no provision within the legislation that says the consent of the Minister would be needed. If that already exists outside of the Minister giving consent to it, nothing in the legislation will require the Minister to liaise with either House before giving that consent. The removal of the section which provides that this should be free means that a Minister will be able to give his...

Seanad: Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage (15 May 2019)

Lynn Ruane: No, we are opposing it.

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