Property owners consider legal challenge to eviction ban
Housing Minister Darragh O'Brien. Picture: Michelle Devane/PA Wire
The Irish Property Owners Association (IPOA) is considering a legal challenge to Government proposals for an eviction ban.
IPOA chairperson Mary Conway has described the ban as an attempt by the Minister for Housing Darragh O'Brien to “feel better” about the housing crisis but said the proposal will not make much difference and will not prevent evictions this winter.
She said the private rental sector is already “over-regulated and over-taxed” and that many landlords are leaving the sector due to financial distress.
Ms Conway claimed Mr O'Brien had told representative bodies on Monday that the Finance Bill would consider “something” for landlords, but that he had been “non-commital” when asked about the possibility of tax breaks.
Ms Conway said that tax breaks would be “too little, too late”.
Speaking on both and , she said the IPOA was “completely opposed” to the eviction ban.
She said the situation for private landlords who are facing higher interest rates and rising inflation could not continue.
She also said the Government had failed to provide more social housing in recent years and the private rental sector had “filled that void” — something she said is no longer possible.
Responding to the IPOA's comments, Tánaiste Leo Varadkar said that he believes that the Government’s proposed eviction ban can be defended on public interest grounds.
Speaking to reporters in Dublin, Mr Varadkar said Irish constitution protects the right to private property, but also acknowledges that these may “as occasion requires” need to be reconciled with the common good.
“In relation to the constitutionality of it, anyone can bring a challenge to the courts, and that may well happen,” he said.
“Property rights in Ireland are subject to the common good. Bear in mind, properties themselves don’t have rights, the people who hold those properties have certain rights, but they are subject to the common good.
“And if the Attorney General and the Minister believe they can make a strong case to defend it on public interest grounds, then I think any challenge will be unsuccessful.”
A temporary eviction ban is expected to go before Cabinet on Tuesday as the Government moves to protect renters from landlords issuing notices to quit during the winter months.
It’s understood the ban could potentially come into effect before December with a senior Government source stating ideally they would prefer the measure to be introduced from November 1.
However, the legislation required to give effect to the ban needs to pass through the Oireachtas and it is difficult to put a timeline on its introduction but it “will happen quickly,” the source added.
Tenants who wilfully do not pay their rent or who cause damage to a property can still be evicted during the moratorium; these were the conditions that were also in place during Covid-19.
Housing Minister Darragh O’Brien has drawn up proposals on the measure which were examined by the Taoiseach Micheál Martin, Tánaiste Leo Varadkar, and Green Party leader Eamon Ryan on Monday.
The leaders did not physically meet as usual but were in contact via phone.
A notice to quit that has already been served cannot take effect if it falls due during the period of the eviction ban.
Tenancies of less than six months require a 90-day notice period from their landlord and tenancies of over nine years mean a notice period of over seven months.
The ban is expected to remain in place until the end of March next year and has been described as a “one-off” measure.
Mr O’Brien said any new ban on evictions has to be time-limited and legal or it will drive more landlords out of the market.
He said: “I know what's legal and what we can do. We've obviously got to be very conscious of any measures that we take, don't have any unintended consequences of further reducing supply in the private rental market.
“I've obviously worked with the Attorney General and his office and colleagues to see what we can do as a time-bound measure.
“What we're looking at is what effective time-bound measures we continue to assist whilst we're building up the overall supply.”
Mr Varadkar said the proposal from Mr O’Brien is that the ban would be in place for the winter period until the end of March and would not be renewed at that point.
He said: “There’s an obvious advantage and a good thing that people wouldn’t lose their homes over the winter period.
"But we have to balance that against the possibility that it might make more landlords sell up or sell up more quickly in which case there will be less properties available in the long term.”
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