Seán Canney (Galway East, Independent)
Link to this: Individually | In context | Oireachtas source

364. To ask the Minister for Housing, Planning, and Local Government if he will confirm that tenants who fail to pay their HAP payment can be evicted from their tenancy during the eviction ban period as proposed; and if he will make a statement on the matter. [54374/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 was signed into law on 29 October 2022. The Act makes emergency provision to defer the termination dates of certain residential tenancies that fall, or would fall, during the period beginning on 30 October 2022 and ending on 31 March 2023 in order to mitigate the risk that persons whose tenancies would otherwise be terminated during that period would be unable to obtain alternative accommodation.

Section 2 provides for the deferral of a notice of termination where it has been served by a landlord on or before the date of the passing of the Act which specifies a termination date that falls during the winter emergency period, or where a dispute in relation to the termination of a tenancy is referred to the Residential Tenancies Board (RTB) under Part 6 of the Residential Tenancies Act 2004 and a determination order issued in relation to the dispute, specifies a termination date that falls during the winter emergency period.

The deferral would not apply to a notice of termination served before or during such a winter emergency period where:

- the termination is grounded on the tenant’s failure to meet his or her obligations under section 16 of the Act of 2004, or

- the landlord states that the reason for the termination is

- on the ground of a breach of tenant obligations (other than to pay rent);

- on the ground of a breach of a tenant’s obligation to pay rent;

- on the ground that the accommodation no longer suits the tenant’s accommodation needs having regard to the number of bed spaces and the size of the household.

Tenants in the HAP scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme. Where a person has a change of circumstances, such as a loss of income, they should notify the relevant local authority. The local authority can reassess those tenants and adjust their differential rent accordingly.

The HAP Shared Services Centre (SSC) manages the collection of all HAP tenants’ differential rents, on behalf of the relevant local authority, and the payment of all HAP rents to landlords on behalf of tenants supported by the HAP scheme. The HAP SSC follows a clear communication policy if rental arrears issues arise. This policy includes regular and early written communication with tenants, landlords and the relevant local authority.

The approach taken by the HAP SSC has been very effective with minimal levels of rent arrears arising for HAP tenants. At end Q2 2022, the scheme had a 97% differential rent collection rate with minimal arrears arising for tenants or local authorities. Therefore, only a very small number of tenants have fallen into difficulty with their differential rent.

However, to assist households who may fall into difficulties with the payment of their differential rent, I have introduced an extension to the current debt management process for the duration of the emergency provision. It is expected that this extension will assist in preventing exits from HAP for the non-payment of rent.