Seanad debates

Tuesday, 6 July 2004

Residential Tenancies Bill 2003: Committee Stage.

 

12:00 pm

Photo of James BannonJames Bannon (Fine Gael)

I move amendment No. 6:

In page 24, between lines 41 and 42, to insert the following subsection:

"(3) Such action includes, but is not limited to—

(i) harassment;

(ii) intimidation;

(iii) abusive or threatening behaviour; or

(iv) retaliatory notice to quit.".

Section 14 contains very important provisions which should be made clearer. Ultimately, legislating is about clarity. As it should be spelt out what exactly shall constitute action to affect adversely peaceful occupation, I have proposed an unexhaustive definition.

Amendment No. 17 proposes a new section which is designed to ensure that where a landlord tries to end a tenancy on foot of a complaint by a tenant, a termination shall be deemed invalid. The amendment is vital to ensure that tenants who make legitimate complaints will not suffer consequences from seeking to have their statutory rights upheld. This approach has worked very well in other countries, particularly Australia. I will be disappointed if the Minister of State does not share the sentiments behind my proposal.

These two amendments are valid. They should be taken on board to strengthen the legislation. I did some research into legislation in other jurisdictions before I tabled them and I would appreciate if the Minister of State would accept them.

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