Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

Amendments Nos. 16, 17, 20 and 26 are related. Under Part 4 of the 2004 Act, security of tenure is based on rolling four-year tenancy cycles. A landlord may not serve a notice of termination except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations in relation to the tenancy. As I am sure members are aware, many AHB tenants rely on the provision of care services and would be unable to live in their home without the provision of such care. The AHB sector had sought exemptions from Part 4 of the Act in order that it could terminate Part 4 tenancies if such supports or services were no longer available. The Bill as drafted therefore included a provision whereby an AHB, notwithstanding the provisions of Part 4 of the Act regarding security of tenure, could terminate a tenancy on the grounds that the dwelling is no longer suitable because the care services required by the tenant are no longer available. A number of concerns were raised on Committee Stage in the Dáil about this provision querying what would happen to the tenant when the tenancy was terminated and the possibility that these tenants could become homeless following the termination of their tenancies. Having considered the issues raised I believe it is not appropriate to terminate the tenancy for reasons that are not linked to the conduct of the tenant. As such, amendment No. 20 removes these termination grounds from the Bill and any issues arising in this area will instead be dealt with through consultation with the AHB and the tenant together with the relevant agencies with a view to finding the optimal solution for all concerned.

With regard to a transitional accommodation in some cases, such as short-term transitional accommodation for those learning to adjust to independent living, it makes sense to exempt these dwellings from the automatic right to a four-year tenancy after six months in occupation. For this reason amendments Nos. 17 and 26 provide that Part 4 of the Act, the right to a four-year tenancy, will not apply to this specific type of AHB accommodation However, all other rights and obligations under the Act will apply to these tenancies and AHBs will need the consent of the relevant local authority to designate the dwelling as transitional accommodation.

Amendment No. 16 is a technical drafting amendment.