Seanad debates

Tuesday, 17 November 2015

Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage

 

2:30 pm

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

The published Bill provides that sections 19 to 22, inclusive, and 139 of the Residential Tenancies Act 2004 will not apply to approved housing body tenancies. Approved housing bodies generally use a differential rent scheme as applied by local authorities to determine the rents of their dwellings. Under this system the amount of rent to be paid by a tenant is based on the income of the household, and the provisions in the 2004 Act, including section 19 which deals with market rent, conflict with the scheme. As the differential rent scheme is more advantageous to approved housing body tenants than the provisions relating to rent in the 2004 Act, they are excluded from these sections. AHB rents for their social housing tenants are set when the AHB signs an agreement with the housing authority to house those tenants. Those agreements are made under section 6 of the Housing (Miscellaneous Provisions) Act 1992. Amendment No. 23 inserts a new section 19A into the principal Act to clarify how AHB rents are determined. Amendment No. 24 inserts a new section 20A into the principal Act which provides that any review of rent is determined under this agreement and that where no review of rent is provided for in the agreement, either party may request a review.

Amendments Nos. 12, 13 and 15 are technical drafting amendments. Amendment No. 14 is a consequential amendment on amendments Nos. 23 and 24. Amendment No. 25 provides for the notification of new rent to AHB tenants. Amendments Nos. 28 and 29 are consequential amendments.

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