Seanad debates

Tuesday, 26 November 2019

Nithe i dtosach suíonna - Commencement Matters

Housing Management Companies

2:30 pm

Photo of Kieran O'DonnellKieran O'Donnell (Fine Gael) | Oireachtas source

I thank the Minister of State, Deputy English, for taking time out of his busy schedule to come to this important debate. He will be aware of this issue because I have been in touch with him about it over recent weeks. Issues have arisen in the Park Retirement Village, Castletroy, over recent weeks, including the case of two long-term residents, Liz Lynam and Antoinette McEnnis, who live in bungalows and have been issued with termination notices by the owner. The Minister of State has visited the retirement village, which is marketed as Ireland's premier retirement village. What has happened is a grave injustice. The two women have been given notice to quit by 30 June 2020 on the basis that refurbishment will take place.

These bungalows have been their homes for many years. They came into the retirement village on the basis that this would be their long-term home. What has happened has been a grave shock to them. Furthermore, there have been notices to many other residents about rent increases, something that can happen in normal circumstances. However, what has happened has created such a degree of anxiety and distress among residents that I have advised them to take their case to the Residential Tenancies Board, RTB. There are complaints before it for adjudication. I ask that Ms Lynam and Ms McEnnis's cases be expedited.

Security of tenure is paramount for people who go into retirement villages. They have to be guaranteed that. If they are being evicted from their homes, a change in the legislation in the past 12 months means that if they return to those homes, rent can be charged at market rates. In many cases, rent could rise by €200, €300 or more. People cannot afford that. They moved to the retirement village at a time when it was marketed as a place they could live out the remainder of their lives in peace and tranquility in a safe environment. There have been other issues, such as the fact that there is no longer 24-hour security and instead a patrol system is in operation. I asked the management and owners to consult residents, which has not yet happened.

The most immediate issue is that the RTB needs to expedite the review of what I believe to be unwarranted and illegal evictions. I refer to one clause in Ms Lynam's letting agreement.Under the section heading "THE PARTIES AGREE", paragraph 4.2 states: "The parties agree that the Management Company reserves the right to relocate the Tenant from their existing Dwelling to another Dwelling within the Retirement Village - there are 32 bungalows in the retirement village to addition to apartments - in the event that the medical needs of the Tenant change or in the event that the Owner of the Dwelling wished to take up residence in the Dwelling." Neither of those conditions apply here. Both residents, Ms Liz Lynam and Ms Antoinette McEnnis, want to stay in their homes. The owners of the properties are not going to live in them.

I ask that all the complaints and disputes concerning the tenants of the Park Retirement Village in Castletroy that are before the RTB be expedited. Furthermore, the Minister of State can provide reassurance on the security of tenure for retirement villages. Strictly speaking, this development was given planning permission on the basis it would be a retirement village, not for letting in the private sector. I would like to hear the Minister of State's view on this.

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