Written answers

Tuesday, 21 February 2023

Department of Housing, Planning, and Local Government

Rental Sector

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent)
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319. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 282 of 14 February 2023, if a landlord may request a tenant to leave the property where the tenant has been offered social housing by the local authority; and if he will make a statement on the matter. [8754/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Section 34 of the Residential Tenancies Acts provides that a landlord must state a reason for the termination in any tenancy termination notice (NoT) served, and the termination will not be valid unless that reason relates to one of the following: - the tenant has failed to comply with the obligations (other than the obligation to pay rent) of the tenancy;

- the tenant has failed to comply with the obligation to pay rent under the tenancy;

- the dwelling is no longer suited to the needs of the occupying household;

- the landlord intends to sell the dwelling within the next 9 months;

- the landlord requires the dwelling for own or family member occupation;

- vacant possession is required for substantial refurbishment of the dwelling; and/or

- the landlord intends to change the use of the dwelling.

Further information can be found on the website of the Residential Tenancies Board at: www.rtb.ie.

The Residential Tenancies Acts 2004-2022 regulate the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

It should be noted that the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Act 2022 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.

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