Written answers
Monday, 11 September 2023
Department of Housing, Planning, and Local Government
Rental Sector
Paul Murphy (Dublin South West, RISE)
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852. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 613 of 25 July 2023, if he will instruct Fingal County Council to engage with the landlord specified to buy some or all of the 47 residential properties mentioned; and if he will make a statement on the matter. [37687/23]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire at least 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional target for social housing acquisitions in 2023 and these allocations are being kept under review.
It is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy. It is a matter for a local authority to determine whether a property should be acquired. The cost of the property, its condition and its suitability for the existing tenants are issues that will be considered by the local authority. I have asked local authorities to be proactive in this area.
Local authorities will work with all social housing supported tenants who receive a Notice of Termination and where it is not possible to purchase the property, the local authority will seek alternative supports, which will include support to obtain an alternative tenancy, including a HAP-supported tenancy or an allocation to local authority stock where possible. From enquiries made with Fingal County Council, they currently have eight mainstream HAP tenancies at this location.
Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. As Minister, I am precluded by housing legislation from intervening in relation to the procedures followed, or decisions made, by local authorities in the provision of social housing support regarding any individual application.
Paul Murphy (Dublin South West, RISE)
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853. To ask the Minister for Housing, Planning, and Local Government the steps he will take to protect tenants whose landlord refuses to renew part four tenancies; and if he will make a statement on the matter. [37688/23]
Paul Murphy (Dublin South West, RISE)
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854. To ask the Minister for Housing, Planning, and Local Government the steps he will take to change the law that allows landlords to refuse to renew part four tenancies; and if he will make a statement on the matter. [37689/23]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 853 and 854 together.
In accordance with both the Programme for Government and Housing for All commitments, the Government has provided for Tenancies of Unlimited Duration through the Residential Tenancies (Amendment) Act 2021. The Act was signed into law on 11 December 2021.
All new tenancies created on or after 11 June 2022 will become tenancies of unlimited duration once the tenancy has lasted more than 6 months and no notice of termination has been validly served on the tenant. The aim is to enhance security of tenure for tenants and to simplify the operation of the Residential Tenancies Acts 2004-2022.
Section 34(b) of the Residential Tenancies Act 2004 was deleted by section 5 of the Residential Tenancies (Amendment) Act 2021. As existing Part 4/further Part 4 tenancies terminate/expire over time or are renewed, it will involve the creation of a new tenancy of unlimited duration in respect of any such rented dwelling. The Residential Tenancies (Amendment) Act 2021 also provides that a landlord may grant his or her consent to any existing tenancy being treated as a tenancy of unlimited duration.
While I have no plans to bring further legislative proposals forward at the moment in this area, it should be noted that the Residential Tenancies Acts 2004-2022 is kept under close and constant review. In this regard, my Department is in the final stages of a comprehensive review of the private rental sector. This review will take into account the significant regulatory changes over the past several years in the residential rental market, and will report on how our housing system can be enhanced to provide an efficient, affordable, viable, safe and secure framework for both landlords and tenants. The review included a public consultation process including targeted engagement with various stakeholders. The Public Consultation submission form went live on the Department’s website Monday 26 July. Following on from a Stakeholder engagement forum on the review, which was held on 6 July, the closing date for public consultation submissions was extended to 8 August 2023. Work is progressing on finalising this review.
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