Owners may still find some loopholes, warn Greens

Opposition objections Apparent loopholes in the new legislation to protect tenants were highlighted yesterday by the Opposition…

Opposition objectionsApparent loopholes in the new legislation to protect tenants were highlighted yesterday by the Opposition.

The Green TD, Mr Ciaran Cuffe, said the measure, giving security of tenure to tenants for four years after six months in a property, was riddled with escape clauses for landlords.

"The Bill provides landlords with many ways of evicting tenants, ranging from refurbishment, to sale of the premises, to a requirement for family use," he said.

"For instance, a landlord who owns 10 apartments could claim that he needs them all for his or her family, and therefore can instigate eviction proceedings. This will give rise to unwarranted evictions."

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The Bill states the security of tenure measure does not apply where a landlord lives in one half of a rented house. However, the measure will apply if there are more than two units in such a house.

The Bill says a landlord can terminate a tenancy within the four-year period on the following grounds: failure by the tenant to comply with the tenancy contract or where the tenant engages in serious anti-social behaviour; where the dwelling is no longer suited to the accommodation needs of household in terms of the number of bed spaces; where the landlord has a contract to sell the property within three months; where the landlord requires the property for occupation by a family member; where the landlord intends to refurbish the property substantially; and where the landlord intends to change the business use of the property.

The Minister for the Environment, Mr Cullen, yesterday denied that that such conditions would provide an easy get-out clause for landlords.

"We don't expect that landlords are going to start changing the goalposts," he said.

The requirement on landlords to reregister any new tenancy with the Private Residential Tenancies Board would be a disincentive to terminate tenancies, the Minister said.

Landlords who fail to register with the board are deemed to be committing an offence under the Bill.

The penalty is a fine of €140 - two times the normal registration fee - but Mr Cullen said he might review this before the Act became law.

Mr Cullen said he was not in favour of rent regulation and preferred to have rents set at market rates.

While this measure was sharply criticised by Opposition parties, tenants can bring disputes over whether a rent exceeds a market rent to the Private Residential Tenancies Board for adjudication.