Dáil Éireann Debate, Tuesday - 13 December 2022
315. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if he will provide clarification on the length of the tenancy for a cost-rental scheme (details supplied) under the Land Development Agency, LDA; and if he will make a statement on the matter. [62212/22]
View answerUnder Sections 29 and 30 of the Affordable Housing Act 2021, property owners can apply for designation of properties as Cost Rental dwellings. This is undertaken on an opt-in basis whereby any owner of a property (public or private) must apply to the Minister if they wish to formally designate their property as a ‘cost rental dwelling’ this being for a minimum designation period of at least 40 years.
Under the legislation, all tenancies within Cost Rental dwellings are deemed to be 'cost rental tenancies', which are modified forms of tenancies under the Residential Tenancies Act 2004 (RTA). All Cost Rental tenancies are therefore subject to the recent amendments made to this act by the Residential Tenancies (Amendment) Act 2021, which provided for tenancies of unlimited duration. In line with this change, in circumstances where a person has been in a tenancy for a continuous period of 6 months, that tenancy shall continue for a period of unlimited duration. As the Land Development Agency’s (LDA) Cost Rental tenancies will commence following the enactment of this legislation, this clause will apply to all relevant tenancies, including those referred to in the Question.
Furthermore, given the long-term nature of Cost Rental, all Cost Rental tenancies are subject to additional protections for tenants beyond those in the RTA. These protections limit the means by which a landlord can end a tenancy, provided there are no issues with breach of tenancy conditions or rent arrears. The LDA has applied for designation of the properties referred to in the Question, meaning that these conditions will apply to these properties.
