Noel Ahern (Dublin North West, Fianna Fail)

The provisions of the proposed new section are covered by the well established case law which has been built up by the courts over the years and to which the private residential tenancies board must have regard. The Law Reform Commission is currently undertaking a review of landlord and tenant law which will have a bearing on this area in the future. Unless any of the exclusions in section 3 apply, any letting which has the characteristics of a tenancy is covered by the provisions of the Bill irrespective of what the landlord may seek to call it. That is the important issue and this protection is provided by the Bill without any need for amendment. Neither the landlord nor the tenant can make the decision as to what constitutes a tenancy. It is an objective fact which is determined by the conditions under which the dwelling is occupied and the relationship between the owner and the occupant. If the occupant has reason to believe the letting is a tenancy, he or she should proceed on that assumption. Each party can take its case to the board for adjudication if a dispute arises.