Written answers

Tuesday, 22 November 2022

Department of Housing, Planning, and Local Government

Housing Schemes

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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268. To ask the Minister for Housing, Planning, and Local Government the grounds on which a local authority can evict an RAS tenant since the introduction of the eviction ban. [57255/22]

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
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303. To ask the Minister for Housing, Planning, and Local Government the grounds in which a RAS tenant can be evicted from a property since the introduction of the eviction ban on 30 October 2022 until 31 March 2023. [57896/22]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 268 and 303 together.

The Rental Accommodation Scheme (RAS) involves a three way contractual relationship between landlord, tenant and the local authority with each party having their own responsibilities.

The main landlord and tenant relationship is between the property owner and the RAS tenant. The local authority is not the landlord, but acts as an agent for the RAS tenant and retains responsibility for payment of rent to landlord and for sourcing alternative accommodation if a dwelling that the household is living in becomes unavailable through no fault of their own.

Accommodation provided under RAS is governed by the terms of the Residential Tenancies Acts 2004 to 2021, as amended.

The Residential Tenancies Board 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.

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 by a landlord to a tenant, 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.

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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