Wednesday, 18 January 2017
Department of Housing, Planning, Community and Local Government
Private Rented Accommodation Evictions
125. To ask the Minister for Housing, Planning, Community and Local Government when Part 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016 will be commenced; the protection it will provide for tenants in a development (details supplied); if the protection from termination of tenancies in which ten, or more, dwellings are being sold will apply and to which this section of the Act applies, is afforded to tenants who are given notice of termination of tenancies on different dates but where the total is over ten; and if he will make a statement on the matter. [2064/17]
The Planning and Development (Housing) and Residential Tenancies Act 2016 was signed by the President on 23 December 2016. The Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) Order 2017 commences Part 3 of the Act, insofar as it is not already in operation, other than sections 44, 45, 48 and 49. This Commencement Order takes effect from 17 January 2017. Under Part 3 of the Act, Sections 38 to 40 provide , inter alia, that where a landlord proposes to sell 10 or more units within a single development at the same time (i.e. classified as being within a 6-month period) , the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances . Where, before the commencement of section 40 of the Act, a valid notice of termination has been served on a tenant on the ground that the landlord wishes to sell his/her property, then that notice takes effect as if section 40 had not commenced. However, I understand that , in the particular case referred to by the Deputy, the termination notices have since been withdrawn.
From 17 January 2017 , subject to limited exemptions, termination notices issued by a landlord in relation to ten or more tenancies in a single development within a six month period will not be valid.