Written answers

Wednesday, 9 December 2015

Department of Environment, Community and Local Government

Commencement of Legislation

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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198. To ask the Minister for Environment, Community and Local Government the commencement date for rent certainty measures as outlined in recent legislation; and if he will make a statement on the matter. [44332/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies (Amendment) Act 2015 provides for a number of measures which, taken together, will bring much-needed stability to the rental sector pending the coming on-stream of the supply of new housing. Firstly, section 25 of the Act provides for the extension of the period between rent reviews from 12 months to 24 months. The provision is subject to a sunset clause such that the period will revert to 12 months in 4 years’ time. Secondly, section 26 of the Act extends the period of notice of a new rent that a landlord must give their tenant from 28 days to 90 days and, thirdly, section 31 of the Act provides for graduated increases in the period s of notice of termination of further Part 4 tenancies ,so that a landlord will have to give a tenant up to a maximum of 224 days’ notice for tenancies of 8 years or more. Section 1 of the Act provides for the commencement of these three provisions on enactment so they came into effect on 4 December 2015.

A number of additional provisions which were announced in the package of measures to support housing supply and rent stability are also given effect in the Residential Tenancies (Amendment) Act 2015. These include:

- that notice of new rent sent from a landlord to a tenant must be in a prescribed form setting out specified information, including details of dispute resolution procedures available through the Private Residential Tenancies Board (PRTB);

- that notification of a rent increase to the PRTB will include, among other things, a signed statement by the tenant that they are aware of their rights in relation to rent and rent reviews;

- that confirmation of a tenancy registration, which is currently sent to the landlord, would also be sent to the tenant, together with information setting out landlord and tenant rights and obligations;

- that the confirmation of a tenancy registration will inform the landlord and tenant that the PRTB routinely discloses information to the Revenue Commissioners;

- that a minor mistake or omission in a Notice of Termination will not invalidate that Notice where there is no prejudice to the tenant;

-stronger verification arrangements in relation to the termination procedures under section 34 of the Act;

- the enforcement of PRTB determination orders through the District Court instead of the Circuit Court.

These provisions will be subject to Commencement Orders, the first of which will be made early in the New Year.

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