Martin Browne (Tipperary, Sinn Fein)
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474. To ask the Minister for Housing, Planning, and Local Government if he has any plans to take action against landlords issuing eviction notices in violation of the eviction ban. [63484/22]

Martin Browne (Tipperary, Sinn Fein)
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475. To ask the Minister for Housing, Planning, and Local Government his views on a mass eviction of the residents at a location (details supplied). [63485/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 474 and 475 together.

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 lawful serving of notices of termination can continue as normal during this period. The aim of the Act 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 in the Act for the deferral of the giving of effect to certain notices of termination, 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 available on the website of the Residential Tenancies Board - www.rtb.ie.

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. Information relating to the RTB's dispute resolution service is also available at: www.rtb.ie.

The dispute resolution service provided by the RTB is quasi-judicial and all of its mediators, adjudicators and tribunal members have independent decision-making powers, in the same way as judges have in the courts. A determination order made on foot of a mediation agreement or an adjudication can be appealed to a RTB Tenancy Tribunal. A decision of a Tribunal may be appealed on a point of law to the High Court. Due to the quasi-judicial nature of the RTB, it would be inappropriate for me, as Minister, or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case.

Section 35A of the Residential Tenancies Acts 2004 - 2022 (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.

Where a tenant is unsure as to the validity of a Notice of Termination served, he or she may refer the matter to the RTB for dispute resolution, with redress available to the tenant which may include a direction to pay an amount of damages up to €20,000.