Written answers
Wednesday, 20 June 2018
Department of Housing, Planning, and Local Government
Rental Sector
Mick Barry (Cork North Central, Solidarity)
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35. To ask the Minister for Housing, Planning, and Local Government if legislation will be introduced to protect residents at a location (details supplied) who face eviction by a vulture fund and other tenants that find themselves in similar situations; and if he will make a statement on the matter. [26807/18]
Eoghan Murphy (Dublin Bay South, Fine Gael)
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Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling under tenancy for a continuous period of 6 months, with no valid notice of termination having been served during that time. If a landlord is terminating the tenancy on the grounds that he or she intends to substantially refurbish or renovate the dwelling in a way that requires the dwelling to be vacated for that purpose, the notice of termination must include a statement:
(a) specifying the nature of the intended works and providing a copy of any related planning permission. Where planning permission is not required, the notice or statement must specify the name of the contractor and the proposed dates for the works; and
(b) that the landlord is required to offer to the tenant a tenancy of the dwelling if it becomes available for re-letting within a period of 6 months, subject to certain conditions.
Notice periods for the termination of a tenancy by a landlord vary, depending on the duration of the tenancy, but periods of up to 224 days are required.
On 23 November 2017, the RTB published a comprehensive set of guidelines on what constitutes substantial refurbishment or renovation for the purposes of a section 34 ground for tenancy termination. These guidelines are available on the RTB website. I have asked my Department to keep the implementation of the guidelines under review and I am open to placing them on a statutory footing, if experience suggests that this is necessary.
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