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MINISTER O’SULLIVAN PUBLISHES LEGISLATION TO SIGNIFICANTLY REFORM LANDLORD AND TENANT LAW

The Minister for Housing and Planning, Jan O’Sullivan T.D., has today (19 July, 2012) published the Residential Tenancies (Amendment)(No. 2) Bill 2012 which will see:

Those tenancies in the voluntary and cooperative housing sector that most closely parallel private rented tenancies being regulated under the Act

The agency responsible for regulation of the tenant-landlord relationship, the Private Residential Tenancies Board (PRTB), being re-named as the Residential Tenancies Board (RTB)

Formal effect given to the merger of the Rent Tribunal with the Residential Tenancies Board

A reduction in the size of the Board, from 15 to 12 members

Measures to increase the take-up of mediation as a key dispute resolution mechanism

Minister O’Sullivan said that the Bill “represents a significant reform of the residential tenant-landlord regulatory environment” and indicated that she hopes that some other significant policy issues, on which she has committed to action, will be addressed later in the Bill’s progress through the Oireachtas.

“This legislation will further improve our system of tenant-landlord regulation. The measures that promote mediation in dispute resolution are particularly welcome. I firmly believe that mediation can give people in a dispute a speedy, effective way to resolve issues. The extension of the registration requirement to a large number of voluntary housing tenancies is also a major development. It is the first step in a process that will see statutory regulation of the voluntary and co-operative housing sector in the coming years. This will bring greater transparency and accountability to this important sector that is playing an increasingly active role in social housing provision,” said Minister O’Sullivan.

The Programme for Government commits to the creation of a deposit protection scheme to address the issue of illegal retention of tenants’ deposits. The Minister is awaiting the outcomes of Private Residential Tenancies Board (PRTB) commissioned research on this matter in Autumn 2012 and will, at that point, consider how best to address the research findings in the context of this Bill.

The Minister is also determined to address the issue of non-payment of rent by tenants who remain in situ and she confirmed that an amendment to address the matter is currently being drafted and will be ready in time for consideration when the Bill is presented to the Oireachtas.

The Bill will now go before the Dáil and Seanad, commencing in Autumn 2012, and it is publicly available on the Oireachtas website, www.oireachtas.ie