People Before Profit TD, Richard Boyd Barrett calls for urgent clarification at Promised Legislation in Dáil today
In a statement this morning, following this morning’s publication of the Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, Richard Boyd Barrett TD has questioned if the government’s “eviction ban” bill will protect people who have a termination date prior to 1 November.
The legal process of eviction involves a landlord issuing a Notice to Quit with a date of termination depending on the length of the tenancy. The tenant has the right to appeal this to the RTB and the RTB may confirm a termination date in a determination.
The current bill seems to protect all tenants who have a date of termination between 1 November and 31 March and ensures the deferment of their date of termination until after the period.
However, the bill, as currently drafted, does not seem to protect those who have had a termination date in recent months but who have been unable to leave their homes as they have nowhere to go to.
Deputy Boyd Barrett will raise this issue with the government today in the Dáil at Promised Legislation.
Richard Boyd Barrett TD said: “I will be seeking urgent clarification in the Dáil on this, today. I know many tenants who have had termination dates in the recent months but who have not left their tenancies because they have absolutely nowhere to go. In cases like this, the landlord needs to go to court to secure a date, by which the tenant needs to leave. It seems that the bill the government has drafted protects tenants who have not yet reached their termination date, but leaves those who are overholding on their tenancy with no protection.
“This is not good enough, the only reason tenants overhold is because there is nowhere to go. Now that the government have acknowledged the crisis with their bill, they need to ensure everyone is protected.
“It should be noted that many, if not all local authorities, regularly advise tenants facing eviction into homelessness to overhold their tenancies, even after the termination date because they have no alternative accommodation to provide them. This makes it doubly unfair that tenants who overhold on the advice of housing departments because they have nowhere to go may not be protected by the bill and therefore will face the possibility of eviction over the coming months.”
“We will be seeking urgent clarification on this today and will be submitting an amendment if necessary.”