The debate on the communist proposal from Jan O'Sullivan has just been published and it is mixed news.
The not too bad news:
- termination due to selling will be kept, since they say it would be "uncostitutional" to remove this possibility
- there will not be a blanket extension of RPZ to the whole of Ireland and change the 4% rule to the CPI
- the definition of family for termination notices will not be changed
The very bad news:
- it seems that the govvie will agree that one month deposit is the maximum allowed (this can be easily overcome by charging more than one month rent in advance or the last month rent in advance) but it is a big interference on the risk sustained by landlords where one month deposit was fine in 2003 when you were sure that in 28 days you could perform a peaceful re-entry if the tenant was not paying, not now
- it looks like there is chance that Section 34(b) will be abolished which means indefinite tenant agreements for landlords and at will tenancies for tenants (short notice period and they are off!). This is a deal breaker for me, since it is expropration by the backdoor
What the govvie said:
[This is the June Bill]"When enacted, the legislation will make it an offence to contravene the rent pressure zones, allow the Residential Tenancies Board to investigate and enforce independently the implementation of rent pressure zones and other measures, give greater security of tenure by extending notice to quit periods
, in many instances, almost doubling them
, and provide for rent transparency
, which is welcomed by all sides of the House. The Bill will be published shortly. It was meant to happen this week, but there has been a slight delay
. I hope it can be enacted before the summer recess, but it depends on how quickly we can get it through the Houses. That should not be difficult, given that its measures are supported, but if amendments to the Bill might be better suited to a second Bill that will be before us later in the year
, I would prefer that option to be taken in order that the first Bill, on which there is broad agreement, can be passed by the Oireachtas before the summer recess. The second Bill will deal with more complex issues
[I wonder which are these complex issues!] and need more time to be walked through by the House...
We support the publication of rents payable to ensure rent transparency
. We support
the proposal on a deposit not exceeding one month's rent
On tenancies of indefinite duration, extending a Part 4 tenancy from four years to six has happened, but we need to go further.
[further than what!]...
The Minister, Deputy Murphy, addressed the changes proposed in Deputy Jan O'Sullivan’s Bill. We agree with parts of it but we cannot agree with it all. We are bringing in a Bill ourselves in the month ahead
. Hopefully, we can include some of these proposals in that. A second Bill is being published for the autumn. With a bit of effort, we may be able to squeeze things in. Everything one does when one intervenes in the rental market must be analysed carefully, which the Deputies opposite will appreciate. That is why things will be done in the autumn if it is not possible to get them through in this Bill or the Bill coming through in June
So the govvie will propose his first bill in June and a second one in the Autumn, again the rules of the game are being changed twice in the same year and they are all against landlords
. Instead of focusing on supply the govvie and the TDs are tinkering again and again with the RTA causing again and again instability in the rental market. Some TDs were blabbering about the high taxes and incentives for landlords, but it was just the usual bu..it with no consequences. No mention of the massive problem of overholding and starting to put serious financial penalties on overholding tenants or streamlining the RTB process by removing the lengthy appeals and making determination orders directly enforceable. Absolutely no incentives for landlords as usual. Some bu...t TD said that rents should halve by magic! These people and the govvie are a joke but they cause serious problems.