Seanad debates

Thursday, 8 July 2004

Residential Tenancies Bill 2003: Report and Final Stages.

 

12:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)

This provision is one of the fundamental principles of the Bill. It was discussed at great length by the commission on whose findings the Bill is largely based. Security of tenure after six months is a fundamental aspect of the Bill. It was agreed at the commission, and it is central to the Bill, that in the first six months of a tenancy the landlord can ask a tenant to leave without giving a reason.

One must consider the current situation and what the situation has been until now. A landlord may terminate a tenancy at any time without providing a reason. We are moving from a situation where, for many years, a tenant did not have security of tenure unless he had rented a property for 20 years. Until that time a landlord could ask a tenant to leave.

This provision strikes a balance. In the first six months a landlord will have the right to ask a tenant to leave. After that a tenant will have security of tenure for three and a half years. There will then be a six month period during which a landlord may ask a tenant to leave, without giving a reason, followed by a further three and a half years of security of tenure.

Why would a landlord ask a tenant to leave if he has proven himself to be a good tenant? It may be because a landlord needs the property for his own occupation and the Bill contains provisions in that regard. However, in the first six months of a tenancy or of any subsequent tenancy, the Bill allows a landlord to ask a tenant to leave, without reason. That is one of the fundamental principles of the Bill. I cannot accept the amendment.

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