Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue concerning the regulation and operation of retirement homes and villages, to which I will respond in general. The Senator specifically raised the issue of the Park Retirement Village in Castletroy in Limerick city. It is an area with which I am familiar, and I visited the retirement village and was very impressed with it. I cannot get speak on it specifically as the matter is before the RTB. Due to the quasi-judicial role of the RTB, it would be inappropriate for me, as Minister of State, to comment on or interfere in the specifics of any case that is ongoing with it. I agree with the Senator it would be appropriate if this matter could be dealt with quickly and an outcome found. It is to be hoped the RTB has the resources, which I believe it has, to be able to deal with this matter, and it would be best placed to the judge the specific issues the Senator raised. I was disappointed to hear some complications and difficulties concerning the retirement village have arisen, and it is to be hoped they can all be resolved. As the Senator said, perhaps the best way would be for the new owners to consult the existing tenants and to agree some changes. Separate from that, the RTB will make its own decision, in which process I cannot get involved.

In general, retirement villages are based on a model of independent living for the residents whether these are homeowners or tenants. We are trying to encourage a greater provision of them, both publicly and privately, or a combination of both, with taxpayers' money and private money. They are not nursing homes. Rather, they are homes where people in an older age bracket may collectively live in a good location, often with centralised services. I have visited quite a number of retirement villages throughout the country in recent years. Most residents are very happy in them and have made lifestyle choices based on that as well in respect of their own homes.

As these are normal homes, they are subject to the normal planning and building control systems, as with any other development. Where the accommodation is rented, it is also subject to the Residential Tenancies Acts 2004 to 2019 and may be subject to rent pressure zone designation in relevant locations, as in the case of Limerick. The Residential Tenancies Acts set out the rights and obligations of landlords and tenants. They apply to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions.

The RTB was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants, as in this case. Recently, the Residential Tenancies (Amendment) Act 2019, introduced a number of key measures and reforms designed to enhance protections for tenants, which would include tenants in a retirement village, such as the one the Senator mentioned in Limerick or others. The Act strengthened the security of tenure protections to guard against unlawful tenancy terminations, including applying the new RTB sanctioning regime to improper conduct by a landlord who contravenes the tenancy termination provisions; requiring landlords to copy a tenancy termination notice to the RTB; requiring a certificate from an architect or surveyor to the effect that the proposed substantial refurbishment or renovation works in question would pose a health and safety risk requiring vacation by the tenants and that such a risk would be likely to exist for at least three weeks during such works; significantly extending the duration of tenancy termination notice periods, for example, a 180 days, or approximately six months, notice period for landlords who terminate a tenancy of between three and seven years' duration; and, where a landlord terminates a tenancy because he or she needs to refurbish or renovate the property substantially, the requirement to offer the property back to the former tenant upon completion of works provided the tenant has provided his or her contact details. That is a key part of the case raised by Ms Liz Lynam and Ms Antoinette McEnnis. Given the strong planning and building control standards in place, and the strong protections for tenants under the Residential Tenancies Acts, there are no plans to have a separate system of regulation for retirement villages. There is a need, however, to have more options for housing for older people. To this end, and further to the Senator's question on security of tenure, we are in an area of policy development and we have an action plan, Housing Options for Our Ageing Population, which was published in February. The Departments of Housing, Planning and Local Government and Health published a joint policy statement and a new framework for how we will work in the area. An implementation plan is progressing the 40 actions outlined in the statement to bring forward housing options, including supported housing for older people. We are examining security of tenure and various barriers to that, and the blend of private and public money.

The bottom line is that we want there to be more housing options for older people in every town and village but it is about giving people the choice to move or change home if they want. I call it "right-sizing", while others refer to it other names. Often, the debate in the media suggests that people will be forced out of their homes but there is not an ounce of truth in that. It is about giving people the option to move house and facilitating it. We will plan for more retirement villages similar to the Park or the private ones in various parts of the country and have them ready in order that people will have options. It is a choice. If the planning is done correctly, with all the necessary protections, including security of tenure, it will work well in the future.