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Dáil Éireann - Volume 531 - 22 February, 2001

Other Questions. - Illegal Evictions.

[341] 7. Proinsias De Rossa asked the Minister for the Environment and Local Government if his attention has been drawn to comments made by a person (details supplied) that the number of illegal evictions in the Dublin area reported to his organisation had increased by 100% in 2000; the steps he will take to provide adequate protection for tenants against unscrupulous landlords; and if he will make a statement on the matter. [5143/01]

112. Mr. Gilmore asked the Minister for the Environment and Local Government if his attention has been drawn to comments made by the director of Threshold (details supplied) that the number of illegal evictions in the Dublin area reported to his organisation had increased by 100% in 2000; the steps he will take to provide adequate protection for tenants against unscrupulous landlords; and if he will make a statement on the matter. [5263/01]

115. Mr. Hayes asked the Minister for the Environment and Local Government the total number of illegal evictions within the private rented sector; and if he will make a statement on the matter. [1288/01]

Mr. Molloy: I propose taking Questions Nos. 7, 112 and 115 together.

I have seen reports of claims of an increased incidence of illegal evictions from private rented accommodation in the Dublin area. The rights of tenants of such accommodation and the protection available to them are, in the first place, governed by the terms of the lease or other tenancy agreement under which the tenancies are held. These are subject to the provisions of the landlord and tenant code which is the responsibility of the Minister for Justice, Equality and Law Reform. I understand statistics on the number of evictions from private rented dwellings are not kept by the Department of Justice, Equality and Law Reform.

Government proposals for major reforms in the private rented residential sector, arising from the recommendations of the Commission on the Private Rented Residential Sector, were announced on 5 January. These reforms include improved security of tenure arrangements and the establishment of a private rented residential tenancies board to deal primarily with disputes between landlords and tenants. In the case of security of tenure, it is proposed to grant a tenant whose tenancy has not been terminated in the first six months, a right to continue in occupation for the remainder of a four-year period, unless the landlord needs to recover possession for specified reasons, such as for own or family member occupation, to sell or to redevelop. Successive four-year tenancy periods are envisaged, during the first six months of each of which the tenancy may be terminated without cause. A graduated notice to quit period related to the length of tenancy will apply ranging from a minimum of four [342] weeks to a maximum of 16 weeks. In addition, rent levels will be no greater than market rent, and reviews will normally take place no more than once a year.

The implementation of these provisions will result in a major step forward for the private rented residential sector with improved security of tenure for tenants and greater certainty for landlords. Work is now commencing on a collaborative basis with the Department of Justice, Equality and Law Reform, on the preparation of legislation to give statutory effect to these proposals. Pending the enactment of the legislation, arrangements are being made for the establishment of the board on an ad hoc basis by the autumn.

Mr. Gilmore: According to Threshold, 341 unfortunate tenants were evicted illegally – I am not talking about legal evictions – by their landlords in the last year. Is the Minister seriously saying it will take another two years for legislation to be introduced to provide them with some protection? What immediate steps will the Minister take to deal with illegal evictions? There are cases where landlords bully tenants out of property without due process, either by turning off the electricity, cutting off water, intimidation and various other bully boy tactics. Will the Minister do anything to provide protection for those tenants?

Mr. Molloy: From several statements I have issued and from replies I have made to Parliamentary Questions, the Deputy knows very well that it was due to my concern for the security of tenure of tenants that I set up the commission. I have announced that we intend to implement the recommendations of the commission.

Mr. Gilmore: In two years time.

Mr. Molloy: The Deputy wants me to bring about some miracle whereby I can have the legislation in place today or tomorrow. He seeks to create the simplistic idea that it can be done that way. The landlord and tenant legislation is traditionally the responsibility of another Department. That Department and my Department are working together to bring about an improved situation for tenants. The Deputy mentioned the number of people who, allegedly, have been evicted. That is a matter for another Department.

Mr. Gilmore: Passing the buck.

Mr. Molloy: I am greatly concerned that would happen in our society. However, I recognise that about 260,000 persons are in rented accommodation. There has been an increase according to these figures I have been quoting, although I am not too sure what the source of the figures is—

Mr. Gilmore: Threshold.

Mr. Molloy: —but I accept the credibility of Threshold and of its director. Last year, the num[343] ber increased by 206 out of a total number of 260,000 people in rented accommodation. I am concerned that any one person should be treated illegally. The law is there and can be resorted to if somebody has acted illegally.

Mr. Gilmore: I would not expect the Minister to take two years to work any miracle. Which Department will introduce this legislation? Is it his Department or that of the Minister for Justice, Equality and Law Reform? Since we are not in the miracle business, will the Minister tell us at what stage of preparation is the legislation? Have the heads of the bill been prepared? Has a memorandum been submitted to Government? Where is this legislation?

Mr. Gormley: While some of the reforms outlined by the Minister are welcome, does he not realise that this is an urgent situation? A period of two years was mentioned, but all of us in Opposition would be quite prepared to support these measures now if the Minister was to bring them before the House. The Minister is dawdling on the issue. Why has there been such an excessive delay? We are going back to the case of Mespil House in my constituency where this issue arose before. We had a commission investigating that matter and now we have another commission. How many more commissions and recommendations will we have before the Minister acts?

Mr. Molloy: It is not satisfactory to me that it will take some time to prepare the legislation. I want to see the results of my requests to the commission, and the result of its work, implemented as quickly as possible. I have sought the best advice available to me. I understand it will take quite a length of time to go back to legislation dating from 1860, and to separate legislation covering commercially rented property from residential property. It is the first time we have done that. It will involve the enactment of a complex, integrated legislative code involving significant amendments in respect of residential tenancies to many of the provisions of the Landlord and Tenant Acts going back to 1860, and the setting up of a completely separate code for residential property. Work has commenced on a collaborative basis between this Department and the Department of Justice, Equality and Law Reform in the preparation of the legislation.

An Ceann Comhairle: We must move on to Question No. 8.

Mr. Gilmore: Yes, but the Minister has said all this before. Which Department will introduce the legislation?

Mr. Molloy: The Deputy has asked me a question that I have already answered twice.

[344] Mr. Gilmore: The Minister is not answering it. He is treating the House with disrespect.

Mr. Molloy: The Deputy asked me which Departments were responsible.

Mr. Gilmore: Which Department will bring in the legislation?

An Ceann Comhairle: The Chair has called Question No. 8. We have finished with Question No. 7.

Mr. Molloy: The legislation will be brought before the House by my Department.

An Ceann Comhairle: The Chair has called Question No. 8.

Mr. Gilmore: Which Department will bring in the legislation?

Mr. Molloy: I answered that already.

Mr. Gilmore: The Minister avoided it earlier. It is the same old story.

Mr. Molloy: The Deputy is so suspicious. He has a problem.

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