Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 12:

In page 11, between lines 17 and 18, to insert the following:“Indefinite Tenancies

11.Section 28 of the Act of 2004 is amended in subsection (2)(a), by the substitution of “an indefinite period” for “the period of 6 years”.”.

Amendments Nos. 12 and 13 are similar in that they would both prohibit so-called no reason evictions and move Ireland to a residential tenancy model of indefinite tenancies in line with the commitments made in the 2016 Rebuilding Ireland plan. Amendment No. 12 would amend the Part 4 tenancy protections so that passage of time would be removed as a ground for terminating such tenancies without good reason. Currently the statutory protections afforded to Part 4 tenancies end after six years.This would ensure that where a landlord is terminating a Part 4 tenancy, he or she must have proper legal standing to do so within the other provisions listed in the table to section 34 of the Residential Tenancies Act 2004. Amendment No. 13 deletes section 34(b) of the 2004 Act, which allows a landlord to terminate a Part 4 tenancy if the minimum statutory notice has been given. Again, there is no specific ground or reason for the tenancy to end. It is simply because the landlord wants the property back and he or she cannot justify it otherwise under the provisions in section 34. At a time of unbearably high levels of homelessness and a housing crisis in this State, we cannot allow a situation where a landlord can evict a family from a house without good reason. A no reason tenancy termination at this stage is morally wrong and should be illegal. Even beyond the immediate needs of the housing crisis, at a time of decreasing home ownership and increased reliance on the private sector for housing, we need to move to a model of tenancies of indefinite duration. Otherwise how can a family put down roots and plan for their lives and education of their children if their tenancy can be terminated after four or six years, depending on when it started? Families need certainty. They need to know that their child will be able to attend the same school without interruption, and without these amendments, families cannot have and will not get this certainty. No reason evictions need to end and they need to be part of this Bill. I hope the Minister can accept the amendments.

Amendment No. 14 would delete the attempt to extend the time period from three months to nine months in which a landlord has to sell the property after he or she has evicted the tenants. If a landlord wants to sell his or her house enough that he or she is willing to evict the tenants, he or she should have to sell as soon as possible and, as a result, we should not be looking to extend that time period. In terms of amendment No. 18, I thank Ms Sinéad Mercier and the Green Party as well as Focus Ireland for their help in drafting it. Amendment No. 18 seeks to ensure that where a property that was bought using an investment mortgage and is not a principal primary residence is sold, the landlord cannot use the sale itself as grounds for terminating the tenancy, allowing the tenants to remain in the property while it is being sold. It is common practice in many other countries for residential properties to be bought and sold by developers and individuals without evicting tenants, leaving them unaffected by any sale. Considering the scale of the housing crisis here and the degree by which the Irish property market is being used for investment opportunities by international funds, the absolute least we can do is ensure that the sale of a property that was never intended as a primary residence and that was bought with the express intention of being bought and sold for profit would not be grounds for evicting its tenants. It may be the case that properties with vacant possession are more attractive to potential investors. However, the fact is that to make a property vacant, a family may have to be evicted. We should not stand over a situation where this can happen and I hope the Minister will be able to accept that amendment.

In terms of amendment No 20, I welcome that the notice period required before a landlord can evict a tenant is being extended as set out in section 16. However, the notice periods are proportionately extended for all the different tenancy durations, apart from those under six months. I cannot imagine how this can be justified, where changes are made to all the other tenancy durations but not to those under six months, especially considering how disproportionately vulnerable tenants in that category are. We have proposed that the proportional increase afforded to every other duration simply be afforded to those in the six months category too. I recognise the Sinn Féin amendment which extends it to 90 days, whereas our amendment extends it to 60 days. I would be happy with either and I hope the Minister can accept one of the amendments.