Carol Nolan (Laois-Offaly, Independent)
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282. To ask the Minister for Housing, Planning, and Local Government if he will address concerns that have been raised with this Deputy by local landlords who are of the view that the present eviction ban effectively leaves them with no protections in terms of removing tenants who cause damage to their property or who engage in anti-social behaviour; and if he will make a statement on the matter. [7353/23]

Darragh 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 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 his or her obligation not to: cause a deterioration in the condition of the dwelling beyond normal wear and tear; behave within the dwelling, or in the vicinity of it, in a way that is anti-social; nor act in a way that would invalid the insurance policy in force in relation to the dwelling, 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.