Seanad debates

Thursday, 27 October 2022

Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022: Committee and Remaining Stages

 

10:00 am

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

I will speak to amendments Nos. 1, 13, 14 and 19. I cannot accept amendment No. 1, which proposes to push out the expiry date of the winter emergency period to the end of April 2023 to help tenants in receipt of relevant tenancy terminations affected by this Bill. As was outlined earlier on Second Stage, this Bill was carefully calibrated to balance the rights of tenants and landlords. Tenants facing a notice of termination will receive protection under this Bill, allowing them to stay in situover the winter emergency period, thereby allowing time for housing supply to increase. While we are interfering with landlords' constitutional property rights, this interference is limited and applies for a short period of time. The Bill seeks to reduce the burden on homelessness services and the pressure on tenants and the residential tenancies market during the coming winter months. The increasing numbers of people experiencing homelessness and significant inward migration are combining to create significant difficulties in the provision of emergency accommodation. This is placing additional pressure on homelessness services as we enter the winter period, when capacity constraints are extremely tight for emergency accommodation and housing providers generally.

The Bill is introduced as an emergency measure for this winter period, which ceases at the end of March, only. The table in section 2(3) of the Bill sets out how the deferment of relevant tenancy terminations will operate. As can be seen, the deferment dates operate in a staggered fashion beyond the winter period and until 18 June 2023 to ensure there is no cliff edge at the end of the period, which would put unimaginable pressure on the private rental market and homelessness services. The timing operates so as to provide proportionally greater protection to those tenants with the shortest termination periods. The aim is to provide additional time to those most in need of extra time to secure alternative accommodation. Taking into account the advice of the Attorney General, this Bill is designed to enhance tenancy protections over the winter period and is careful to manage the demand in the rental market over the months immediately afterwards until 18 June 2023. I cannot accept the Senator's amendment.

I cannot accept amendment No. 13, which proposes to push out the deferred termination date that applies for tenancies of not less than one year but less than seven years with a specified termination date falling during the period from the enactment of the Bill to the end of January from 15 April 2023 to 1 May 2023, nor can I accept amendment No. 14, which proposes to push out from 1 April 2023 to 1 May 2023 the deferred termination date that applies for tenancies of not less than seven years with a specified termination date falling during February or March. This emergency Bill has been carefully drafted to limit its interference with the constitutionally-protected property rights of landlords. As I have said, this Bill has been carefully calibrated to balance the rights of tenants and landlords. The table in section 2(3) of the Bill sets out how the deferment of relevant tenancy terminations will operate. As can be seen, the deferment dates operate in a staggered fashion beyond the winter period and until 18 June 2023 to ensure there is no cliff edge at the end of the period, which would put unimaginable pressure on the private rental market and homelessness services. Taking into account the advice of the Attorney General, this Bill is designed to enhance tenancy protections over the winter period and is careful to manage the demand in the rental market over the months immediately afterwards until 18 June 2023. I cannot accept the Senators' amendments Nos. 13 and 14.

I cannot accept amendment No. 19 which, as a consequential amendment to amendment No. 1, proposes to amend the Title of the Bill to reflect the pushing out of the expiry date of the winter emergency period from 31 March to the end of April.

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