Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

In summary, this group of amendments provides for changes to termination provisions and for improved security of tenure. Amendment No. 55 is a technical amendment which clarifies that when terminating a Part IV tenancy a landlord must comply with Parts IV and V of the Act. The 2004 Act specifies the grounds upon which the landlord may terminate a tenancy. A landlord may not serve a notice of termination on a tenant, except in very clearly defined circumstances, such as a failure by the tenant to comply with his or her obligations regarding the tenancy, where the landlord intends to sell the property within three months after the termination of the tenancy or where the landlord requires a dwelling for his or her own occupation or that of a family member.

Amendments Nos. 56 and 57 will strengthen the protections around tenancy terminations by providing for measures that will guard against, for example, landlords fasley declaring that the property is needed for a family member or that it is going to be sold. These measures involve, inter alia, a landlord having to explain in a written statement to the tenant why a property might not be suitable for his or her accommodation needs, having regard to the number of bed spaces and the size and composition of the household, a landlord having to make a statutory declaration as to his or her intention to sell a property, a landlord having to make a statutory declaration that the property is needed for his or her occupation or that of a family member and a landlord providing a copy of planning permission obtained, where relevant. Under section 66 of the current legislation, the period of notice of termination increases according to the length of the tenancy. A landlord must give a tenant a minimum of 28 days' notice for tenancies of less than six months' duration and up to a maximum of 112 days' notice for tenancies of four years or more. A tenant must give a landlord a minimum of 28 days' notice for tenancies of less than six months' duration up to a maximum of 56 days' notice for tenancies of two years or more.

Amendment No. 59 introduces further graduated increases in the notice period in order that a landlord will have to give a tenant up to a maximum of 224 days' notice for tenancies of eight years or more. In particular, for tenancies of five years or more but less than six years it requires 140 days' notice, for six years or more but less than seven years it requires 168 days' notice, for seven years or more but less than eight years it requires 196 days' notice, and for eight years or more 224 days' notice is required. This will give tenants who have lived in rented accommodation for long periods sufficient time to source alternative accommodation. It is consistent with a recommendation in the DKM Economic Consultants report, Future of the Private Rental Sector, which was commissioned by the Private Residential Tenancies Board. Meanwhile, a tenant will have to give a landlord up to a maximum of 112 days' notice for tenancies of eight years or more. In particular, a tenancy of four years or more but less than eight years will require 84 days' notice, while for eight years or more 112 days' notice will be required.