Michael Healy-Rae (Kerry, Independent)
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176. To ask the Minister for Environment, Community and Local Government his views on the advice provided to tenants from Threshold (details supplied); and if he will make a statement on the matter. [18079/16]

Simon Coveney (Cork South Central, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (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. Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy.

A landlord may not terminate a Part 4 tenancy except in very clearly defined circumstances such as a failure by the tenant to comply with his or her obligations in relation to the tenancy. Where there is a dispute regarding the validity of a notice of termination, or where the tenant does not comply with the notice of termination, the dispute may be referred to the RTB for resolution.

Section 87 of the Residential Tenancies Act 2004 states that, if a dispute referred to the RTB relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.

The national housing charity, Threshold, is an independent body which provides advice and advocacy services to those experiencing difficulties within a tenancy. I have no function in the operational matters of this body.