Mairead Farrell (Galway West, Sinn Fein)
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23. To ask the Minister for Housing, Planning, and Local Government his views on whether there are enough safeguards in place to prevent mass eviction of tenants from private rental accommodation; if the Tyrrellstown Amendment which provides that a landlord may not sell more than ten properties in a single development except with the tenants remaining in situ, other than in exceptional circumstances, is sufficient and being adequately enforced to ensure that such mass evictions do not take place; and if he will make a statement on the matter. [31899/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I wish to re-affirm that a tenant can refer a dispute to the RTB as to the validity of a notice of termination. A tenant, or the RTB itself, can also instigate an RTB investigation into possible improper conduct by a landlord, including in respect of a contravention of tenancy termination procedures, and impose a sanction of up to €30,000, if warranted.

Section 35A of the Residential Tenancies Acts (known as the ‘Tyrrelstown amendment’) provides that where a landlord proposes to sell 10 or  more units within a single development at the same time, that sale is subject to the existing tenants remaining in situ, other than in exceptional circumstances. The ‘Tyrrelstown amendment’ was carefully drafted to promote security of tenure in the interest of the common social good.

The provision strikes a balance, between a landlord’s right to sell their property and achieve fair return on their investment, and a tenant’s right to security of tenure. The commercial reality is that there is generally a lower market value for a property sold with tenants in situ.

Any proposal to remove the landlord’s right to terminate a tenancy in the case of every rental property being sold would carry with it a risk of a constitutional challenge. 

Furthermore, in May 2021 the Government introduced a series of measures designed to prohibit the bulk buying of houses and duplexes. This included the Section 28 Guidelines for Planning Authorities “Regulation of Commercial Institutional Investment in Housing” to planning authorities which aimed to prevent multiple units being sold to a single buyer. In addition a 10% stamp duty levy was introduced for the cumulative purchase of 10 or more residential houses in a 12 month period.

Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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24. To ask the Minister for Housing, Planning, and Local Government if he will confirm the new HAP rates, the new uplifts and the new homeless HAP rates given his recent announcement to raise the rates by 35%; and if he will make a statement on the matter. [32942/22]

Paul Murphy (Dublin South West, RISE)
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211. To ask the Minister for Housing, Planning, and Local Government if he is satisfied with the level of housing assistance payments given the findings of the latest EU survey on income and living conditions on household poverty among those dependent on housing supports. [24511/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 24, 85 and 211 together.

The Housing Assistance Payment (HAP) scheme plays a vital role in housing eligible families and individuals. At the end of 2021, over 100,000 HAP tenancies had been set-up since the scheme commenced, of which there were more than 61,900 households actively in receipt of HAP support.

Local authorities have discretion, because of local rental market conditions, to exceed the maximum rent limit by up to 20%, or up to 50% in the Dublin region for those households either in, or at immediate risk of homelessness. It is a matter for each local authority to determine whether the application of a discretionary increase is warranted, and the level of such an increase, on a case-by-case basis. 

Under Housing for All, my Department was tasked to undertake an analytical exercise to examine whether an increase in the level of the 20% discretion available to local authorities under the HAP scheme is required, in order to maintain adequate levels of HAP support. 

Following this analysis, I am working with Government colleagues and the Department of Public Expenditure and Reform to provide for an increase in the HAP discretion rate to 35% and, for new tenancies, to expand the couple’s rate to single persons where required. Further details will be available when the engagement process is complete. These changes will secure more tenancies and prevent new entries to homelessness.