Bríd Smith (Dublin South Central, People Before Profit Alliance)
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225. To ask the Minister for Housing, Planning, and Local Government if his attention has been drawn to tenancy contracts by approved housing bodies such as a body (details supplied) which informs tenants that their tenancy can be ended if the body plans to sell the premises within three months, refurbish the premises, change the use of the premises or if it is deemed no longer suitable for the tenant; if this tenancy agreement is approved by his Department for persons housed by such bodies from the social housing waiting list; his views on AHBs potentially using such grounds for eviction in the future; and if he will make a statement on the matter. [15849/19]

Clare Daly (Dublin Fingal, Independent)
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227. To ask the Minister for Housing, Planning, and Local Government his views in relation to the tenancy agreements being entered into by voluntary housing associations by which they empower the housing association to terminate the tenancy of a person as a result of refurbishment or sale; and if he will make a statement on the matter. [15578/19]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 225 and 227 together.

The Residential Tenancies (Amendment) Act 2015 amended section 3 of the Residential Tenancies Act 2004 so that dwellings let by approved housing bodies (AHBs) to social housing tenants now come within the remit of the Act. The position of these tenants is significantly improved by the change, which commenced on 7 April 2016, as they now benefit from the following:

- Increased security of tenure;

- Access to Residential Tenancies Board (RTB) dispute resolution procedures, including free mediation;

- Binding obligations on AHBs as landlords to, inter alia, register all tenancies, keep dwellings in good repair and allow peaceful occupation.

A number of measures have been introduced in recent years with the objective of improving security of tenure for tenants. Security of tenure provisions under the Residential Tenancies Acts 2004-2016 apply once a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no notice of termination having been served during that time. On completion of the 6-month occupation, the tenant is entitled to specific protections under the Residential Tenancies Act as long as the tenant complies with their own obligations. One of the protections relates to the tenant’s entitlement to remain in occupation for up to 4 years from the commencement of the tenancy, where the tenancy commenced prior to 24 December 2016, and for up to 6 years, where the tenancy commenced on or after 24 December 2016.

Section 62 of the Residential Tenancies Act requires a landlord to state in a tenancy termination notice the reason, or reasons, for termination. Section 34 provides that a landlord must state a reason for the termination in any notice served, in accordance with the grounds for termination set out the Table to section 34 of the Act. A landlord may not terminate a Part 4 tenancy except on clearly defined grounds which are set out in the Table to section 34 of the Act. However, an approved housing body cannot terminate a Part 4 tenancy on the grounds that it wishes to occupy a dwelling.

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.

Section 56 of the Residential Tenancies Act 2004 provides for situations where there is an abuse of the termination procedure in Section 34 of the Act.

It is important to note that where a tenancy is terminated for the purposes of substantial refurbishment or renovation and the required works are completed with the dwelling becoming available for re-letting within 6 months of the termination, it must be offered for re-letting to the former tenant.

The landlord must confirm that the existing or current tenant has the option of commencing a new tenancy in the refurbished or renovated dwelling, if it becomes available within 6 months from the end of the notice period given (or if there is an RTB dispute on the validity of the notice, within 6 months of the end of that dispute). The duty to offer a new tenancy arises where the tenant has provided contact details.