Written answers
Monday, 9 September 2024
Department of Housing, Planning, and Local Government
Rental Sector
Michael Moynihan (Cork North West, Fianna Fail)
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873.To ask the Minister for Housing, Planning, and Local Government the reason landlords are obliged to provide the Residential Tenancies Board with a copy of a termination of tenancy notice, if the Residential Tenancies Board cannot adjudicate the validity of the notice (details supplied); and if he will make a statement on the matter.[35598/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Section 94 of the Regulation of Building Providers of Building Works and Miscellaneous Provisions Act 2022, amended the Residential Tenancies Act 2004 (the RTA), to require all Notices of Termination (NoTs) to be copied to the Residential Tenancies Board (RTB). Upon receipt, the RTB is required, inter alia, to provide to the tenant and landlord a statement summarising their rights and obligations under the RTA, including recourse to the RTB.
The aim is to ensure that both parties are aware of their rights and obligations at the earliest stage of a tenancy termination notice period. The information provided is intended to serve as an early alert to the parties of any error that might have been made in serving the NoT and guide parties to resolving any issues without the need for any formal dispute resolution by the RTB at a later date. In most cases, a dispute is not referred to the RTB for resolution and validation of an NoT is not required. The RTB also regularly publishes data with regard to the NoTs copied to it and this informs the sector, including housing and homelessness services, with regard to activity in the sector and likely future demand for accommodation.
An NoT is invalid if it is not copied to the RTB and the requirement for copying NoTs to the RTB can identify tenancies that were not registered, as required, with the RTB. Accordingly, the requirement to copy the RTB with NoTs also improves compliance with landlords' requirement to register tenancies. The RTB can sanction or prosecute a landlord who does not register a tenancy and can apply late registration fees.
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