Written answers

Tuesday, 8 November 2022

Department of Housing, Planning, and Local Government

Rental Sector

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael)
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346. To ask the Minister for Housing, Planning, and Local Government if he will confirm the date that he intends to introduce a temporary ban on eviction; the impact, if any, that the proposal has on existing tenancies where notices have been served due to the properties being sold; and if he will make a statement on the matter. [54149/22]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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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 to sell the rented 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, 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.

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.

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