Tenants to be given greater tenure rights

Tenants in rented accommodation are to be given the right to remain in a property for four years in new legislation to be introduced…

Tenants in rented accommodation are to be given the right to remain in a property for four years in new legislation to be introduced next week by the Minister for the Environment, Mr Cullen.

In the first attempt in decades to reform tenancy rights, Mr Cullen is also expected to establish a mediation service for tenants and landlords on a statutory basis.

The initiative follows the publication in 2000 of a report by the Commission on the Private Rented Sector, which called for significant reform of the sector.

Although the Housing (Private Rented Sector) Bill will not be published until next Wednesday, Labour said it would table amendments to strengthen whatever measures are introduced.

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Its environment spokesman, Mr Eamon Gilmore, complained that the three-year delay since the commission's report indicated that tenants' rights were not a priority for the Government.

"Ireland has been unique among European countries in its failure to provide legal protection for tenants in the private rented sector," said Mr Gilmore. "They are subject to rent increases on the whim of a landlord and can be evicted at a month's notice."

While Mr Cullen is likely to introduce some measures to protect tenants from arbitrary rent increases, his specific intentions were unclear last night.

It was established, however, that he is preparing to adopt in the Bill the commission's call for a significant improvement in security of tenure. It is understood that this would see tenants given the statutory entitlement to remain in a rented dwelling for up to four years, once they have lived in the property for six continuous months.

This measure, which restricts the right of landlords to terminate a tenancy, is likely to be opposed by the Irish Property Owners' Association. The association argued against the inclusion of an automatic right to continue in occupation in the commission's recommendations.

However, landlords will be able to end a lease if the tenant has failed to pay rent, or not looked after the property properly or engaged in anti-social behaviour.

Landlords will also have the power to end a lease if the number of occupants is greater than the number of bed-spaces.

The Private Residential Tenancies Board will be established on a statutory basis in the legislation. The board, which mediates in disputes between landlords and tenants in private accommodation, was established last November on a non-statutory basis.

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times