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Hundreds of tenants in rent arrears sent removal notices before Christmas despite Covid-19 eviction ban

An eviction ban for those in arrears has been in place across the country since late October,

HUNDREDS OF TENANTS across the country received warnings or eviction notices over rent arrears in the run-up to Christmas despite a nationwide eviction ban being in place.

Preliminary data from the Residential Tenancies Board (RTB) shows that 203 tenants in rent arrears sought help from the authority during November and December after being told by their landlord that their tenancy was to be ended.

New rental laws, the Residential Tenancies and Valuation Act 2020, designed to protect tenants financially impacted by the pandemic, commenced on 1 August last.

Under the laws, those who are affected financially as a result of Covid-19 are not allowed to have rent increases while the laws are in operation.

The laws followed protections given to renters at the beginning of the Covid-19 crisis in spring, including a ban on eviction notices and rent increases, which ended on 1 August.

However, a new eviction ban was implemented during the introduction of nationwide Level 5 restrictions in late October, and is currently in place until 12 April.

Those in arrears currently cannot be evicted unless the notice is due to one of four reasons, which include anti-social behaviour.

Figures provided to Sinn Féin housing spokesperson Eoin Ó Broin and seen by TheJournal.ie show that between August and December last, 573 tenants sought the RTB’s protection after falling into rent arrears and receiving an eviction notice.

A further 1,719 tenants sought protection after falling into arrears and receiving a warning letter from their landlord, with 566 of these coming during November and December. 

Meanwhile, further data from the RTB shows that the board launched investigations into over 300 landlords for suspected breaches of rental laws in the past year-and-a-half.

The board was given powers to investigate and sanction landlords for ‘improper conduct’ under the Residential Tenancies (Amendment) Act from 1 July 2019.

Landlords found guilty of ‘improper conduct’ by the RTB can receive a written caution, along with a possible fine of up to €15,000 and a requirement to pay costs up to €15,000.

According to the board, 90% of the investigations it commenced since July 2019 relate to suspected breaches of landlords’ legal requirements under Rent Pressure Zone laws.

The board can investigate when a landlord operating in an RPZ, which are currently in place in 16 different counties, increases rent by more than 4% over a 12-month period.

Landlords can also be investigated for falsely claiming an exemption from RPZ requirements, such as a ‘substantial change’ in the nature of accommodation (e.g. doing construction work) or claiming that no-one rented the dwelling two years beforehand. 

The next-highest number of investigations were carried out over suspected failures to register tenancies, followed by suspected failures by landlords to re-offer a tenant their accommodation after an attempted sale, renovation or moving a family member in.

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    Mute Laura Grimes
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    May 15th 2020, 9:43 AM

    Remember this only impacts women who do not receive company top ups on their mat leave pay so lowest paid . At an absolute minimum they should have their maternity extended as they can’t go back to their jobs . The gov showed how fast they could move by creating the pandemic payment so they need to address this anomoly.

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    Mute Jillian
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    May 15th 2020, 10:23 AM

    @Laura Grimes: I agree that this anomaly needs to be addressed immediately as someone who has recently returned from Mat leave. However, it affects more than just low paid workers as those who have been on unpaid leave prior to returning to work will also be disproportionately affected.

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    Mute Ross Bowe
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    May 15th 2020, 7:55 PM

    @Laura Grimes: no it also affects women whose wages were topped up by their employer during maternity leave because Revenue are only considering the top-up amount and not taking into account the maternity benefit which makes up their total wage. On top of this it affects men on paternity benefit for three weeks over January or February.

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    Mute Honeybee
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    May 15th 2020, 9:43 AM

    I often wonder why the government have to be dragged kicking and screaming to adjudication before they relent and do the right thing, it just wastes more time and money (ours) before they are made to put it right, ..and followed by the usual apologises.

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    Mute JKtucker
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    May 15th 2020, 10:04 AM

    @Honeybee: because they’re just waiting for you to give up and forget about it…

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    Mute Niall Ó Cofaigh
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    May 15th 2020, 10:22 AM

    This applies to men as well who were on paternity leave as well as anyone, male or female, who was on reduced or no pay in Jan or Feb 2020.. it is not related to maternity leave or women alone… This is not saying it is just or correct but I hope that men will be treated equally here too…

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    Mute catviews
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    May 15th 2020, 12:49 PM

    @Niall Ó Cofaigh: Yes for the love of god let’s hope the men are treated equally here, because they always have to end their careers and take on the burden of childcare, it’s society’s most pressing issue today!

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    Mute Julian Friesel
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    May 15th 2020, 4:43 PM

    @Niall Ó Cofaigh: paternity leave is 6 weeks, so you would have at least one payslip from January or February. Non-issue

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    Mute Fiona Fitzgerald
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    May 17th 2020, 8:25 PM

    @Julian Friesel: What about people who might have been on sick leave, with say a heart attack? It does seem so obviously unjust and I don’t see why anyone would have to bring it to court to get it corrected.

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    Mute Buster Cat
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    May 15th 2020, 9:43 AM

    This is discrimination they could just use the last full pay slip they had before they started maternity leave

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    Mute Daniel Dunne
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    May 15th 2020, 10:39 PM

    @Buster Cat: You’re actually on to something there when you think about what you’ve said and the whole Covid19 payment scheme.

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    Mute Richard Russell
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    May 15th 2020, 10:04 AM

    Television gives us a window on the world so why hasn’t the Irish Human Rights Commission objected to the laws restricting our right to own a television The government insists that those in direct provision have access to sky tv because government considers access a human right issue

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    Mute Tony Harris
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    May 15th 2020, 10:09 AM

    @Richard Russell: What law restricts our right to own a tv, this is a new one to me?????

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    Mute Richard Russell
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    May 15th 2020, 11:13 AM

    @Tony Harris: Tony you need a tv licence to own a tv

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    Mute Tony Harris
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    May 15th 2020, 2:03 PM

    @Richard Russell: and that is a law that restricts your rights? I see without a tv you are making your own drama!

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    Mute james kelly
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    May 15th 2020, 12:37 PM

    I came off work for an operation which was cancelled due to the pandemic. I stopped work 2 week before covid payment came in.Im stuck on 203 euro until i can have it. Until then i recieve €239 per week for me and 2 kids. My wife has 2 weeks left on maternity so we will loose out double. Ive worked for years. I Feel robbed.

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    Mute james kelly
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    May 15th 2020, 12:40 PM

    @james kelly: to clarify i am on sick leave not the dole. Have health insurance but my job are not helping me. Even took my diesel card and toll tag until i come back

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    Mute Fiona Fitzgerald
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    May 17th 2020, 8:28 PM

    @james kelly: That’s wrong too – I’m sure anyone in your situation can do with an equal payment. I hope you get your operation as soon as possible.

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    Mute Trevor
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    May 15th 2020, 10:28 AM

    And none of these unions TDs etc batted an eyelid when the covid payment wasn’t given to job seekers many who would have had payslips from January and February

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