Réada Cronin (Kildare North, Sinn Fein)
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400. To ask the Minister for Housing, Planning, and Local Government if he will extend the evictions moratorium in the interest of the physical and psychological health of persons seeking homes in a housing crisis; if so, if he will stagger the ending of the moratorium in order that prospective tenants are not pursuing a small number of affordable properties at the same time; and if he will make a statement on the matter. [43055/21]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2021 regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. Section 34 of the Acts provides that a landlord must state a reason for the termination in any tenancy termination notice served. The Table to section 34 sets outs the following valid grounds for the termination of a Part 4 tenancy by a landlord:

- the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;

- the tenant has failed to comply with the obligation to pay rent under the tenancy;

- the dwelling is no longer suited to the needs of the occupying household;

- the landlord intends to sell the dwelling within the next 9 months;

- the landlord requires the dwelling for own or family member occupation;

- vacant possession is required for substantial refurbishment of the dwelling; and/or

- the landlord intends to change the use of the dwelling.

Under section 34(b), a landlord may terminate a Part 4 tenancy at the end of its term for a reason other than those listed in the aforementioned Table.

The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020 to temporarily modify the operation of the Residential Tenancies Acts  to prevent any notices of termination served by landlords, in all but limited cases, 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 to help protect the population from the spread of Covid-19. These tenancy protections also apply during the 10 days directly following the period specified by the Minister for Health in the aforementioned Regulations. The most recent tenancy protections that applied on foot of a 5km travel restriction covered the period from 31 December 2020 to 22 April 2021. If the Minister for Health makes regulations restricting movement outside a 5 km radius of one's place of residence in the future, the moratorium on evictions will automatically apply in the relevant area during the relevant period. 

The Residential Tenancies and Valuation Act 2020 introduced permanent protections to provide new procedures to be followed in the context of rent arrears warnings and associated tenancy terminations.

Any notice of termination grounded on rent arrears must be copied to the Residential Tenancies Board (RTB) and will be invalid if it is not so copied. A notice of termination grounded on rent arrears can only be served by a landlord on the condition that a written rent arrears warning was given to both the tenant and the RTB and that the arrears were not paid within 28 days (doubled from 14 days since 1 August 2020) following receipt of the warning by the tenant or by the RTB, whichever occurs later.

The RTB will acknowledge receipt of any rent arrears warning to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available. If the tenant agrees, the RTB can help them to engage with MABS to resolve their rent arrears and sustain their tenancy. The aim of the new procedures is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.

Where a tenancy is to be terminated on grounds of rent arrears on foot of Covid-19, enhanced protections and procedures now apply for tenants and landlords under Part 3 (Residential Tenancies) of the Planning and Development, and Residential Tenancies, Act 2020 (the PDRTA).  The PDRTA provides for temporary modifications to the operation of the Residential Tenancies Act 2004 to provide, subject to certain conditions, that during the period from 11 January 2021 to 12 January 2022 a 90 day (rather than the usual 28 days) termination notice period applies, where a tenant is in rent arrears due to Covid-19 and is at risk of losing their tenancy. The earliest termination date allowed in such circumstances is 13 January 2022. Rent increases are also prohibited for relevant tenancies until 13 January 2022.

The targeted ban on rent increases under the PDRTA is due to expire on 12 January 2022. The Government will consider what measures, if any, are required after this date to support tenants in financial difficulty due to Covid-19.

The Residential Tenancies Board displays comprehensive information on its website - www.rtb.ie- including guidance and frequently asked questions documents relating to terminating tenancies during the Covid-19 pandemic.