Jennifer Whitmore (Wicklow, Social Democrats)
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396. To ask the Minister for Housing, Planning, and Local Government the supports that are available to small landlords who are trying to gain vacant possession of their own property for their own accommodation needs to prevent their own homelessness while the eviction ban is in operation; and if he will make a statement on the matter. [54941/22]

Jennifer Whitmore (Wicklow, Social Democrats)
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397. To ask the Minister for Housing, Planning, and Local Government the supports that are available to small landlords who are financially impacted by tenant overholding and non-payment of rent while the eviction ban is in operation; and if he will make a statement on the matter. [54942/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 396 and 397 together.

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. A dispute may be referred to the RTB under Part 6 of the Acts - please see www.rtb.ie for information on the RTB's dispute resolution service. It is open to a landlord to contact the RTB for any assistance available to enforce its determination order relating to a particular dispute. Enforcement is an important function of the RTB.

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 'winter emergency period', beginning on 30 October 2022 and ending on 31 March 2023. The aim is to mitigate the risk that persons whose tenancies would otherwise be terminated during the winter would be unable to obtain alternative accommodation.

Provision is made for the deferral of the giving of effect to certain notices of termination, including those grounded on a landlord's intention, or that of his or her family, to occupy the dwelling, where they have been served by a landlord on or before 29 October 2022 and specify a termination date that falls during the 'winter emergency period'. Such terminations could take effect after the winter, in accordance with the Act, over the period from 1 April to 18 June 2023.

A deferral under this Act does not apply to a notice of termination served before or during the '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, including to pay rent, 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; or

- 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.

The Act has been carefully calibrated to limit its interference with landlords’ constitutional property rights. Where a lawful notice of termination has been served and the notice period expires before the 'winter emergency period', a landlord has a legitimate expectation that the tenant will leave the property in compliance with the law.

Further information on the Residential Tenancies (Deferment of Termination Dates for Certain Tenancies) Act 2022 is contained on the website of the Residential Tenancies Board - www.rtb.ie.

The Government recognises and appreciates the key role of landlords in providing much needed accommodation and the pressures on some landlords on foot of the cost of living crisis. Landlords are essential to a fully functioning residential property market. The Government is committed to supporting the continued participation of landlords and growing their investment in the rental market. It has also been necessary in recent and uncertain times to strengthen tenancy protections for tenants including for reasons of supply and affordability in the sector.

Under the Supplementary Welfare Allowance scheme, the Department of Social Protection can make additional needs payments to help meet expenses that a person, including a landlord, cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from someone’s own resources and are deemed necessary. Additional Needs Payments are available to assist people with fuel, utility bills and repairs among several other eligible items.

In some cases, a landlord of a dwelling might reside under tenancy in another dwelling. In such a case, as a tenant, that person may be eligible for Rent Supplement from the Department of Social Protection or the Housing Assistance Payment (HAP) from their local authority. The Government seeks to protect those most vulnerable.