Eviction ban memo warned of ‘breach of trust’ between Government and landlords

Minister of state Kieran O'Donnell, Housing Minister Darragh O'Brien, and minister of state Malcolm Noonan speaking on the eviction moratorium in the Courtyard of Government Buildings, Dublin. Picture: Cillian Sherlock/PA

Extending a ban on evictions would have represented a “serious breach of trust” between the Government and landlords, a confidential Cabinet memo said.

The memo, seen by the Irish Examiner, formed a key part of the Government's decision to end the ban on evictions on March 31, a move that has sparked fierce criticism for leaving more families at risk of homelessness. 

Ministers were informed that keeping the evictions ban would have a long-term impact by prompting a significant number of landlords to leave the sector and reduce the number of available properties to rent nationwide.

The Cabinet formally approved ending the moratorium on evictions on March 31, with a phasing out of protections for renters by June 18.

Taoiseach Leo Varadkar accepted the decision “would be difficult to defend” against a background of record homelessness, but said it was taken in the public interest. 

Housing Minister Darragh O'Brien acknowledged the decision could "very possibly" lead to a further rise in homelessness in the months ahead. 

Behind the scenes, ministers were told there is “deep concern" that landlords will consider any extension of the ban as a serious breach of trust by the Government.

“In the rental market, any expiry dates that may be set in legislation for any extension would not be credible to the sector, and would be likely to prompt significant numbers of landlord exits when legally permissible,” the memo said.

Ministers were also warned that an extension would discredit the emergency nature of the initial measures and potentially damage the prospect of introducing future emergency legislation.

A legal shift to allow renters a first refusal on the sale of a house they had been living in was seen by ministers as a “significant” move in the context of Ireland's constitutional right to property.

Lack of incentives

During Cabinet discussions, several ministers raised concerns about a lack of incentives for landlords to remain in the rental market. 

Senior ministers in Fine Gael and Fianna Fáil warned there will be a continued exodus of property owners from the rental market if the Government does not introduce further support for landlords.

Mr O’Brien said the decision to end the ban on evictions was based on deep concern that an extension would ultimately drive out landlords from the sector and have a profound impact on the medium- and long-term rental supply for prospective tenants.

He also cautioned that a ban extension would have negative impacts on landlords currently delayed in regaining possession of their own property.

Despite this, the decision not to extend the ban has been condemned as heartless and cruel by Green Party and opposition TDs as well as housing campaigners.

Green Party TD Neasa Hourigan condemned the actions of her party leader Eamon Ryan in agreeing to the move, saying he did not represent the values of the Green Party.

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Sinn Féin housing spokesman Eoin Ó Broin described the ending of the ban as “cruel and heartless”.

The Dublin Mid West TD warned that the move would increase homelessness and that people who had to leave their rented accommodation would find that emergency accommodation was full.