04/06/2003
Archived item. This item is published here for historical reasons. The information below may be out of date.
Government Publishes Residential Tenancies Bill 2003
"A major and overdue advancement in tenants' rights" - Minister Cullen
"This is a major and overdue advancement in tenants' rights", Minister for the Environment & Local Government, Martin Cullen TD said today (4th June).
The Minister was speaking in Government Buildings at the publication of the Residential Tenancies Bill 2003. The Bill was officially launched by Minister Cullen and Minister for Housing and Urban Renewal, Noel Ahern, TD.
The Bill provides for the legislative reforms approved by Government in response to the July 2000 report of the Commission on the Private Rented Residential Sector.
Describing the legislation as a "Consumers' Bill", Minister Cullen said: "It is an irony of Irish history that the rights of tenants on the land, which were well established over 100 years ago have never been properly established in law in relation to housing. Today I am righting that wrong.
"The Bill brings overdue protections to tenants. The most important good or service we buy is the roof over our head. Despite welcome advances in consumer rights in recent years, tenants' rights have lagged behind. In this country, huge profits are made from property and tenants who generate these profits are fully deserving of rights as consumers", he said.
The Minister continued: "The place where you live should have a genuine sense of home, regardless of whether it is rented or purchased. This legislation vindicates that right. "For too long, Ireland has adopted a Victorian approach to property rights. The system was weighed heavily in favour of the landlord. Tenants had to clock up 21 years in a property before they gained security of tenure".
Commenting on the Irish rental market, the Minister said: "As a consequence of tenants having few rights and no security, Ireland has been out of sync with the rest of Europe. Across Europe, renting is seen as a real medium to long-term option. An effective and law based rental sector must be part of a modern economy. This Bill is major step towards that end".
Minister Cullen said that measures contained in the Bill should have the effect of attracting investment from financial institutions to the market. "A more professional approach to the rental market is good for investment and tenants. It will mean enhanced property standards, improved management and an increase in quality supply", he said.
Minister Cullen said that he intends to keep the operation of the Bill under ongoing review. "There has been a wide consultative process in formulating this Bill and many views on the final product. It is my intention to monitor its effectiveness closely. If it does not go far enough I will not hesitate to introduce further measures".
The Government has decided that the Bill will be given priority for introduction in the Dáil in the current session. "The Government and I are committed to much needed reform of the private rented sector and I am delighted that we can now move on to having this Bill considered by the Oireachtas without delay", said Minister Cullen.
Minister Cullen said that the Bill provided a package of measures designed to achieve an efficient and attractive private rented sector. Key provisions of the Bill include:
- An effective and user-friendly dispute resolution system
- Establishment of a statutory Private Residential Tenancies Board (PRTB)
- A new tenancy registration system
- Improved security of tenure
- Longer notice periods related to length of tenancy
- Rents limited to market level
- Rent reviews annually at most if no substantial change in accommodation
- Minimum obligations of landlords and tenants legally specified
Welcoming its publication, Minister Noel Ahern said: "The Bill is a core element of a major programme of reform and development of the private rented sector, based particularly on the private rented sector Commission report.
"The Bill will provide a comprehensive, modern legislative framework for the private rented sector. The Commission put forward imaginative and far-reaching proposals dealing with complex issues and involving fundamental changes to some long-standing aspects of landlord and tenant law. Formulating accurate and effective legal provisions to provide for these represents a significant achievement and the final Bill is a credit to all concerned", Minister Ahern concluded.
Other action to promote the development of the sector will also be pursued. The Social Partnership Agreement Sustaining Progress indicates that the development of Public Private Partnership (PPP) arrangements in relation to rental housing will be considered.
Both Ministers acknowledged the role played by the Department of Justice, Equality and Law Reform, in the collaboration of the Bill.