Seanad debates

Wednesday, 13 May 2009

2:30 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I take this opportunity to wish Michael Phelan, senior usher, every success on his retirement tomorrow. He worked with distinction for 27 years in his House. I wish him well and thank him for his service to the State.

I ask the Leader to invite to the House the Minister of State with responsibility for housing for a debate on the rights and obligations of landlords and tenants in the context of repossession orders. The Landlord and Tenant Act and the Residential Tenancies Act together with regulations assist parties in the case of disputes. However, the legislation when enacted did not anticipate a scenario of foreclosures by the banks and third parties, and interference with tenants' rights. This issue was brought to my attention by a young couple who are being evicted. They pay rent to the landlord. The landlord is being evicted from the property and he got no word whatsoever. I cannot understand why the Private Residential Tenancy Board cannot be involved. This person rented his property through Lowe & Associates. He received no notification and has been told to get out of the property.

The sheriff has served notice that anyone in the property should get their personal belongings out of the building as quickly as possible. In order for the sheriff to execute an ejectment order, the matter must have passed under the examination of the courts. Judges should be aware that tenants have rights in their own regard. They are not the people who have defaulted on the loans. This man has paid approximately €1,600 in advance payments. He has no protection under the law. We need to arrange a debate on the matter in the House. In the present climate judges should bear in mind the tenants before signing an order for ejectment.

In 30 years in the House, I never spoke to the city sheriff, but I spoke to him today. I am asking him that in future he should check out the building before serving notice on the people involved. There are 128,696 individual tenants all of whom feel unprotected in this regard. In the circumstances we should have a discussion on the matter. This young couple are practically being thrown out on the side of the road, not through their fault - they paid the rent to the landlord. They do not even know the address of the landlord nor does the sheriff. The judge obviously did not know the landlord's address. The tenant does not know the address of the landlord and was not informed of the ejectment proceedings. A note came in through the door to all concerned advising that they should take their possessions out or find themselves on the side of the road within two weeks. In these circumstances-----

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