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New Residential Tenancy Law

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WQ.56/2022

WRITTEN QUESTION TO THE MINISTER FOR HOUSING AND COMMUNITIES

BY SENATOR S.Y. MÉZEC

QUESTION SUBMITTED ON MONDAY 14th FEBRUARY 2022

ANSWER TO BE TABLED ON MONDAY 21st FEBRUARY 2022

Question

“Will the Minister advise whether the law-drafting instructions he has signed off to introduce a new Residential Tenancy Law contain proposals to move to European-style ‘open-ended’ tenancies and rent stabilisation, as per recommendations R1 and R2 in the final report of the Housing Policy Development Board?”

Answer

The law-drafting instructions propose changes to the existing types of tenancies and notice periods, to offer flexibility and additional protection to both tenants and landlords. The proposals do include open- ended tenancies as part of a package of changes in this area.

The instructions will include provisions to provide certainty for tenants on charges and rent increases. Dependant on the type of tenancy agreement, increases will be in line with the Retail Price Index (RPI), the agreement will be explicit on the date that any increase may apply and limiting the types of charges that can be levied.

Law-drafting instructions also include proposals to offer greater protection to tenants from excessive rent increases, using subordinate legislation to implement new policy in this area. With respect to policy development, the re-appointment of the Rent Control Tribunal is intended as an intermediate step that can be implemented relatively quickly. The Tribunal will then be tasked with bringing forward proposals to reform the role and function of the Tribunal. As part of a final stage, it is planned to bring a re-formed Tribunal under the new Residential Tenancy Law, through use of the subordinate legislation referred to above.