Dáil Éireann Debate, Tuesday - 10 October 2023
268. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if he is aware of the scale of no-reason evictions being carried out by a corporate landlord (details supplied) in Dublin in recent months; and if he will make a statement on the matter. [43656/23]
View answer269. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage whether he is aware of the scale of no-reason evictions being carried out by other corporate landlords in recent months; and if he will make a statement on the matter. [43657/23]
View answerI propose to take Questions Nos. 268 and 269 together.
The Residential Tenancies Acts 2004-2022 provide that where a tenant has been in occupation of a dwelling for a continuous period of 6 months, with no valid notice of termination having been served during that time, a 'Part 4' tenancy is established to cover the next 5 years and 6 months.
A Part 4 tenancy may be terminated by a landlord or tenant, without reason, at the end of its term.
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, which provides that 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. Transitional measures are provided under the Act in relation to the future conversion of existing tenancies to tenancies of unlimited duration over time.
The Residential Tenancies Board (RTB) reports on the number of Notices of Termination received and the reasons for serving a Notice of Termination quarterly. In Q2 2023, 115 Notice of Terminations were due to landlords terminating before a Part 4/further Part 4 tenancy commences, this represents 2% of the total number of NoT’s received in Q2 2023.
It is worth noting, the service of a Notice of Termination does not always result in an eviction taking place and may be intended as a further warning to the tenant to comply with his or her obligations.
If a tenant feels the Notice of Termination is invalid and/or that the landlord has breached their obligations, they can take a Dispute case with the RTB. An independent mediator/adjudicator can assess the validity of a Notice of Termination during Dispute Resolution proceedings. My Department has no role in the matter. Since 6 July 2022, the length of time a tenant has for the referral of a dispute on the validity of a Notice of Termination received, has increased from 28 days to 90 days in cases where there has been no breach of tenancy obligations.
