Renters reassured over moratorium on evictions

Taoiseach Micheál Martin voiced support for the eviction ban in the Dáil. Picture: Stephen Collins/Collins Photos

Renters served with notices to quit before the end of the month will not be forced to leave their homes during the term of the winter eviction ban, the Government has insisted.

Following the Cabinet's decision to introduce a moratorium on evictions until March 31, any person who has had a valid ‘no fault’ notice of termination served, will not have their tenancy terminated during the winter emergency period.

While it is not possible to accurately predict how many termination notices will be issued this winter, the department said it is estimated that 2,273 tenant households could face terminations over the period covered by the ban.

The threat of a potential legal challenge from the Irish Property Owner’s Association (IPOA) receded in the wake of the Cabinet’s approval.

Having raised the prospect of a challenge on radio yesterday morning, a statement from the IPOA later in the day said it would not be commenting on the introduction of an eviction ban until the organisation receives full details of what is being proposed by the Government. It said:

Following receipt of these details, it is the intention of the executive of the IPOA to fully scrutinise the decision to introduce this unfair policy, which is an extremely prejudicial move against our rights and interests as small landlords.

The Department of Housing has said the deferred date for the termination of such a tenancy will take effect based on a number of factors, including the date that the notice was served and the duration of the relevant tenancy on a phased basis between April 1 and June 18, 2023.

If a person is served a notice of termination during the winter emergency period, it cannot take effect during that period, the department clarified.

“Any notice of termination served during the winter emergency period in respect of tenancies of less than 6 months’ duration cannot specify a termination date that falls earlier than June 18, 2023,” it said.
The Government is also insisting there will be no cliff edge of terminations on April 1.

In the Dáil, Taoiseach Micheál Martin said the Bill as approved will defer certain notices of termination served on tenants for the period from the day after the date of the passing of the Act.

“Irrespective of whether a notice to quit is in process, once the legislation comes into play, no one can be evicted the day after that unless he or she has not paid his or her rent and has not fulfilled his or her obligations in respect of good behaviour, for example, not wrecking the place and so on. I do not think anyone can object to that. Those are the measures,” he said.

Minister for Housing Darragh O'Brien sought approval at the meeting to introduce the temporary ban.

The Peter McVerry Trust said it strongly welcomes the winter eviction ban.

 Its CEO Pat Doyle said the ban will stem the flow of people exiting the private rental market and allow the homeless sector time to address rising homeless numbers across Ireland.