Seanad debates

Thursday, 8 July 2004

Residential Tenancies Bill 2003: Report and Final Stages.

 

11:00 am

Photo of James BannonJames Bannon (Fine Gael)

I move amendment No. 1:

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

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

(i) harassment;

(ii) intimidation;

(iii) abusive or threatening behaviour; or

(iv) retaliatory notice to quit.".

Amendments Nos. 1 and 3 are all about treating tenants with the respect they deserve. As we all know, tenants pay huge rents, particularly in this city. I refer in particular to students who come here in September to do various courses at university. Since tenants pay phenomenal rents, it is important to grant them the rights they need.

Amendment No. 1 is very important because section 14 needs to be made even clearer. It should spell out what constitutes action that affects peaceful occupation and that is why I am proposing the inexhaustible definition that such action includes, but is not limited to, harassment, intimidation, abusive or threatening behaviour or retaliatory notice to quit. If a tenant is to be evicted or asked to quit, he or she should receive a letter indicating the reasons.

Amendment No. 3 is designed to ensure that where a landlord, in a state of rage, tries to end a tenancy because a tenant has made a particular complaint, the termination would be deemed to be invalid. The amendment is vital to ensure that a tenant who makes a legitimate complaint will not suffer the consequences of seeking their statutory rights. This approach has worked very well in parts of Australia and America. The Minister of State may note that the cost of rental accommodation is 25% lower in New York than it is here. I would be very disappointed if the Minister did not share the sentiments behind what I am proposing and accept the two amendments.

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