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Explainer: How will the Government's winter eviction ban work?

The plan was agreed at Cabinet this morning.

AFTER A WEEK of consideration from the Government, Housing Minister Darragh O’Brien has announced plans to bring forward a temporary eviction ban this winter.

It comes after several weeks of opposition parties calling for such a ban, with Sinn Féin, Labour and People Before Profit all seeking an end to evictions this winter.

The legislation, The Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022, was agreed by Cabinet this morning.

Speaking to RTÉ Radio One this afternoon, O’Brien said that the temporary ban was brought forward due to the “severe pressure” on emergency accommodation across the country.

“We want to make sure that we can protect tenancies through these winter months and whilst also respecting fully the rights of the property owners,” said O’Brien.

During Leaders’ Questions this afternoon, Taoiseach Micheál Martin said that the Government intended to pass the bill through the Dáil before 1 November.

How will the ban work?

Under the bill, all notices to quit that are issued over the period of the emergency ban will be deferred until at least the end of March 2023.

While notices to quit can still be issued to tenants while the ban is in effect, they will not be able to be evicted until after the ban ends.

However, when these evictions actually take place will be dependant on a number of factors, including the date on which the notice was served and the length of the tenancy.

This also means that notices to quit issued before the ban takes place will not go ahead until at least 1 April.

The Department has specified that there will not be a “cliff-edge” on 1 April however, with evictions after that date set to come in on a phased basis based between 1 April and 18 June, based on the date when the notice was issued and the length of the tenancy.

The plan itself will also cover licenses/tenancies in student specific accommodation and student tenancies within the general rental market.

While these protections will be in place for no-fault notices to quit, protections will not be in place for tenants that choose not to pay their rent or if they are in breach of other tenancy regulations.

If a tenant is at fault however, a tenancy can still be terminated over the period the winter ban is in effect.

“We are also conscious of the impact of such measures on landlords, particularly our smaller or ‘accidental’ landlords and that is why we are ensuring that where a tenant willfully withholds rent or engages in anti-social or criminal behaviour they will not be protected by this legislation,” said O’Brien.

How can tenants be evicted?

Under current rules, landlords can issue a termination through a written notice to tenants under specific circumstances.

These include:

  • If a tenant does not comply with the obligations of the tenancy
  • If a landlord intends to sell the house within nine months
  • If the landlord wants to use the property for an immediate family member
  • If the landlord intends to change the use of the property
  • If the landlord intends to substantially refurbish the property

Further details are available here.

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    Mute tax slave
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    Dec 10th 2013, 9:13 AM

    Of course thy will . Talk shit for a few weeks . And then Bury it . And we Joe soap gets screwed again

    65
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    Mute Alan Scott
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    Dec 11th 2013, 10:57 AM

    Yes the madness goes on there’s no jail waiting for any of these. Accountability will go out the window white collar crime at its best but a non tv licence payer will go to jail Oh what a country.

    1
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    Mute Daniel Wall
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    Dec 10th 2013, 9:29 AM

    Accountability!!!! Your having a laugh

    42
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    Mute gumbridge
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    Dec 10th 2013, 10:14 AM

    Nope, he’s as serious as he is deluded.

    17
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    Mute Derek Richardson
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    Dec 10th 2013, 9:23 AM

    As if they already did not now it was already happening they all drink from the same source

    41
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    Mute tax slave
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    Dec 10th 2013, 9:20 AM

    This man’s Sr name should be MAD . . Howling mad . If he thinks we believe any thing Wil come of this . . In future keep the money in your pocket no more teddy bears or pins for me Fu@k them greedy ba@@ards

    34
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    Mute Bobbie Byrne
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    Dec 10th 2013, 9:58 AM

    Howlin: Pleeeeeeeeease attend the PAC meeting….
    Conlon: No
    Howlin: ah go on pleeeeeeeeease..
    Conlon: No
    Howlin: Pleeeeease….I’ll be your best friend?
    Conlon: No
    Howlin: Ah you’re mean!

    24
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    Mute Rúairí O’ Sullivan
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    Dec 10th 2013, 9:24 AM

    Power if Compellability? Is that the same as insisting or even asking really really really nicely?

    He wouldn’t have refused unless advised to by an extremely well paid solicitor.

    If he has no legal obligation to explain his actions…..and he hasn’t actually broken any laws, why would he appear?

    14
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    Mute Rúairí O’ Sullivan
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    Dec 10th 2013, 9:25 AM

    Also……if this was a legal matter, we wouldn’t be allowed to comment!

    Another of the “elite” that will get off scot free

    25
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    Mute Mary Kavanagh
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    Dec 10th 2013, 11:21 AM

    They’ll get to the bottom of it and then what will be done? Precisely nothing!

    11
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    Mute Patricia Ann McCarthy Moore
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    Dec 10th 2013, 11:32 AM

    There would be very little need for these charities if low income families and individuals were given the basic essentials of life. I am referring to the exorbitant cost of electricity, and the soon to be introduced water charges. Ireland has a surplus supply of electricity and plans are afoot to export electricity to the U.K. Why should low income families have to use their childrens allowance to pay for those utilities. In addition the USC supplement must be abolished in order to assist working people. I know this post will elicit howls of rage from those who believe that the Banksters and their Shareholders of Ireland Inc are more deserving of the taxpayers largesse than low income families and individuals who are finding it hard to pay the bills.
    Howl all you want to.
    This is where I stand.
    1 .Free electricity and water for low income families and individuals.
    2.Abolition of USC from workers pay.

    9
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    Mute Dave Caplice
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    Dec 10th 2013, 1:14 PM

    I’ll take a few boxes of that free electricity stuff please…

    4
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    Mute Andrea McElroy
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    Dec 10th 2013, 10:49 AM

    an oireachtas committee cant hold individuals accountable they can only investigate… then report those findings back to the oireacthas where its left in their hands. should be interesting what happens… probably nothing though.

    8
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    Mute John Kavanagh
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    Dec 10th 2013, 11:04 AM

    Howlin said that the PAC is “robust” and “they normally get to the bottom of things” adding that they will “pursue this until they get the full facts”……and then they will dial 999……..ya,dream on!!!!!

    8
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    Mute Barney r
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    Dec 10th 2013, 9:22 AM

    I am sure normal things will have nothing to do with what the public needs to know. With regards to the Mr. Conlons position how can you bolt so fast as to advise on investigating other people.

    7
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    Mute John Meade
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    Dec 10th 2013, 1:24 PM

    Minister for reform, dont make me laugh, i have not seen any reform, the rich get away with bloody murder while the government goes after the little people all the time, “they normally get to the bottom of things” yeah sure, and how much will it cost and how long will it take. by the way Howlin, whats your job ?, is it not to ensure this sort of shite doesnt happen, or to deflect responsibility when someone gets caught, be gone labour and take your turncoats with you.

    6
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    Mute Sean Collins
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    Dec 10th 2013, 11:21 AM

    Minister Howlin will you have a word with Del Boy rabbitte and tell him to stop making an ejit of himself, he was trying to be funny about Colm Keavney joining FF when he jumped from 3 parties himself along With Gilmore.

    5
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