John Cummins (Fine Gael) | Oireachtas source

On amendments Nos. 7 and 12, relating to the non-payment of rent as a ground for a termination notice, we are enabling that to continue given that, on the other side of every tenancy, there is a landlord who has obligations to his or her bank in regard to paying back loans. It is important to point out in this space that this was another item raised at our Oireachtas joint committee by the IPOA and the IPAV in respect of the process that applies where a tenant fails to pay rent, as the Minister of State outlined. The landlord has to notify the RTB of the intention and then, perhaps, after the 28 days have passed, he or she has to seek a determination from the RTB, but that is not the end of the process for the landlord. He or she might have to get a court decision to enable the enacting of the decision of the RTB. Throughout that process, which can take 12 months or longer, there is a landlord who, potentially, is without any sum coming into him or her which, obviously, is not right. We have to try to ensure, by some mechanism, that there can be a quick determination in some instances by the RTB where there is a failure to pay rent. Moreover, there should be a quick implementation of same by the courts system. It is not sustainable that a tenant would be allowed not to pay rent.

It is important to point out this applies to only a tiny number of people. It is not a widespread issue but rather applies to a small number of tenants who do not pay rent where the landlord has to take the actions I outlined. In those instances, there are those few landlords who are out of pocket and there has to be a better and quicker way to implement the decisions of the RTB where they have been made. Given we have this space at the moment, a kind of a holding pattern over the coming months, there is no reason the RTB cannot expedite cases where there a wilful withholding of rent.