700 tenants may be evicted as law changes

MORE than 700 tenants of rent-controlled property could be evicted next week after the expiry of tenancy protection legislation.

At worst, many of those affected are due to be hit with a large rent increase following the removal of price controls from next Thursday. They may also face massive legal bills by having to apply to the courts to secure a new lease from their existing landlords.

Under the Housing (Private Rented Dwellings) Act 1982, only named tenants and their spouses listed before July 25, 1982 are entitled to a lifetime’s residency in rent-controlled properties.

However, successor tenants - who are mostly family members who inherited the tenancy from the original named tenant - will no longer have any legal entitlement to possession of the property from July 25.

Until next week’s change in legislation, landlords were restricted in the amount of rent they could charge. The role of the Rent Tribunal in fixing rent in the event of a dispute will also cease from next week, apart from rents relating to original tenants.

As a result, about 700 successor tenants, who have enjoyed below-market rates, are likely to face a big rise in rents from landlords eager to cash in on high rental rates. Threshold, the housing advice agency, yesterday criticised the Government over the lack of information it has made available to affected tenants.

“They’ve had 20 years to prepare for this, yet it is only now that they have informed people what is likely to happen. As a result, we have been restricted in the advice that we could offer tenants who are naturally concerned that they may be served with notices to quit their residence,” said Threshold spokesperson, Russell Chapman.

However, successor tenants will be entitled to seek a new lease of up to 35 years from the Circuit Court under the Landlord and Tenant (Amendment) Act 1980. The courts will also have the power to fix a new market rent rate for a five-year period.

But Threshold has pointed out that this will also prove a major financial burden for those not entitled to free legal aid.

“It is going to cost some successor tenants several thousand euro to go through the courts,” said Mr Chapman.

Housing experts believe some landlords will serve tenants with immediate eviction notices.

A freefone helpline has been established by the Department of Environment for those affected by the changes to rent-controlled property legislation. The number is 1800-331515.