Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I cannot accept amendments Nos. 1 or 2. I am aware that there are similar motivations behind both.

Having listened to Senator Warfield yesterday and Senator Higgins today, there is probably a little confusion on the subject, so I will try to clarify matters. Section 19 of the Residential Tenancies Act provides for rent settings at the commencement and during a tenancy. The amendments proposed by Senators are to provisions dealing with exemptions from the rent pressure zone, RPZ, restrictions and do not relate to grounds for tenancy termination.

Amendment No. 2, as I understand it, proposes that where a landlord provides building energy rating, BER, improvements or disability access works, such provision cannot be used as a ground for terminating a tenancy under paragraph 5 of the table to section 34.

Amendment No. 1 provides, on the face of it, for the deletion of one of the criteria for the RPZ rent increase rent exemption to apply on foot of a substantial change in the nature of the accommodation provided under the tenancy, namely, where an improvement of seven BERs is achieved by the works carried out on the rental property. I think the intention of the amendment is different though, and its purpose relates to the carrying out of such work to not count as a ground for tenancy termination. It should be noted in the context of an RPZ rent increase restriction exemption that such works would only qualify on a once-off basis in the context of the first rent setting after such works. Thereafter, the RPZ rent restriction will apply. On the face of it, the amendment also proposes that to qualify for a RPZ rent increase exemption the following works will not suffice, namely, works that result in BER improvements, adaptations to provide for access and by use of a person with a disability within the meaning of the Disability Act 2005, or both.

The Residential Tenancies (Amendment) Act 2019 significantly strengthened the protections relating to the grounds for termination of a tenancy, especially in relation to paragraph 5 where the landlord intends to substantially refurbish or renovate a rental dwelling in a way that requires the dwelling to be vacated for the purpose. The notice of termination must contain, or be accompanied in writing by, a statement: specifying the nature of the intended works; that in the case where the planning permission has been obtained a copy of the planning permission is attached to the notice of statement; that planning permission is not required and specifying the name of the contractor, if any, employed to carry out intended works and the dates on which the intended works are to be carried out and the proposed duration of the period in which those works are to be carried out; and that the landlord is required to offer to the tenant a tenancy of the dwelling if the contact details requirement is complied with and the dwelling becomes available for reletting by reason of completion of the works or refurbishment or renovation.

The notice must contain or be accompanied by a certificate in writing of a registered professional within the meaning of the Building Control Act 2007 stating:

(I) the proposed refurbishment or renovation works would pose a risk to the health or safety of the occupants of the dwelling concerned and should not proceed whilethe dwelling is occupied, and

(II) such a risk is likely to exist for such period as is specified in the certificate which shall not be less than 3 weeks,”.

The substantial changes made in 2019 strengthened enforcement of tenancy termination protections, while respecting landlords’ constitutional rights regarding their property. A failure to make an offer of a relet to a former tenant who has provided contact details after the completion of refurbishment or renovation works is improper conduct by a landlord and can be subject to the imposition of a sanction of up to €30,000 by the Residential Tenancies Board, RTB.

Accordingly, I think there are significant protections already in place to address the Senators' concerns in this regard.