Written answers

Tuesday, 17 November 2020

Department of Housing, Planning, and Local Government

Covid-19 Pandemic

Photo of Paul MurphyPaul Murphy (Dublin South West, RISE)
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390. To ask the Minister for Housing, Planning, and Local Government if, at the proposed end of the current Covid-19 level 5 restrictions on 1 December 2020 and-or when the ban on the implementation of eviction notices ends ten days later, he will extend the ban on the implementation of eviction notices until such time as all level 2, 3 and 4 Covid-19 restrictions are also lifted in order that tenants that face the threat of eviction from 10 December 2020 are not made homeless due to the fact that they are not allowed visit the homes of prospective landlords with a view to renting alternative shared accommodation on account of the restrictions on visits by non-household members and to non-household members under levels 2, 3 and 4; and if he will make a statement on the matter. [36917/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies  Act 2020  was enacted and came into operation on 24 October 2020 to help mitigate the impact of Covid-19 on tenants and to support the efforts of Government in restricting the movement of people in order to suppress the spread of Covid 19. The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent any notices of termination served by landlords, in all but limited cases such as anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence.

The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 8) Regulations 2020 (S.I. 448 of 2020) came into effect on 22 October 2020 and are expected to expire on 1 December 2020.

Regulation 5 provides that a person shall not leave his or her place of residence without reasonable excuse. Regulation 5(2)(p) provides for a reasonable excuse for travelling or moving in order to "move to another residence where, in all the circumstances of the case, such movement is reasonably necessary".

The Property Services Regulatory Authority, under the remit of the Department of Justice, has updated its Property Services Providers Guidance to implementing Plan for Living with Covid 19 which is available here: 

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The enhanced tenancy protections under the Residential Tenancies Act 2020 are designed to operate when most needed by tenants during times of the most severe restrictions on people's movements.

Separately, the provisions of the Residential Tenancies and Valuation Act 2020 which came into effect from 1 August 2020, provide enhanced protections for those tenants who are facing rent arrears due to Covid-19 and, as a result, are at risk of losing their tenancy. If a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections under that Act apply. Tenants who follow these procedures cannot be required to vacate their rental accommodation before 11 January 2021, and are not required to pay any rent increase in respect of the period ending 10 January 2021. 

My Department has published a guidance document, the Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants, which sets out exactly what is expected as the rental protections under the Emergency Measures in the Public Interest (Covid-19) Act 2020 expire, and provides details on the new protections for tenants in rent arrears and the income and other supports available to tenants and landlords. This guidance document clearly explains the new rent arrears procedure for both landlords and tenants facing rent arrears. The Guidance document is available on the Department's website - www.housing.gov.ie - and on the RTB's website - www.rtb.ie.

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