SEANAD ÉIREANN

AN BILLE UM THIONÓNTACHTAÍ CÓNAITHE, 2020 RESIDENTIAL TENANCIES BILL 2020 LEASUITHE COISTE COMMITTEE AMENDMENTS

[No. 44 of 2020] [23 October, 2020]

SEANAD ÉIREANN

AN BILLE UM THIONÓNTACHTAÍ CÓNAITHE, 2020 —AN COISTE

RESIDENTIAL TENANCIES BILL 2020 —COMMITTEE STAGE

Leasuithe Amendments

*Government amendments are denoted by an asterisk SECTION 1 1. In page 4, between lines 3 and 4, to insert the following: “(4) Notwithstanding the interpretation contained in section 1(2), sections 2, 3 and 4 shall also apply to such persons living in dwellings with written license agreements, verbal license agreements and informal rent-a-room arrangements.”. —Senators , Niall Ó Donnghaile, , Elisha McCallion, . SECTION 2 2. In page 4, between lines 4 and 5, to insert the following:

“Emergency period 2. (1) Subject to subsection (2), an emergency period, in relation to the tenancy of a dwelling, shall be a period in respect of which relevant regulations made by the Minister for Health restrict travel to, from or within the area or region within which the dwelling concerned is situated. (2) Where the period referred to in subsection (1) is specified in relevant regulations as ending on a date before 31 March 2021, the emergency period shall expire on 31 March 2021. (3) An emergency period shall include an emergency period in respect of which the Minister for Health made relevant regulations before the coming into operation of this Act and which emergency period has not expired on that coming into operation. (4) In this section, “relevant regulations” means regulations made under section 31A of the Health Act 1947 which operate, subject to conditions contained in the regulations, to impose restrictions on travel to, from or within an area or region to which an affected areas order applies.”. —Senators , , , , . [Acceptance of this amendment involves the deletion of section 2 of the Bill.]

[No. 44 of 2020] [23 October, 2020] [SECTION 2]

3. In page 4, between lines 4 and 5, to insert the following: “2. (1) An emergency period in relation to the tenancy of a dwelling shall be a period of at least six months from the enactment of this Act.”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 4. In page 4, line 5, to delete “An emergency period” and substitute “Subject to subsection (2), an emergency period”. —Senators Rebecca Moynihan, Ivana Bacik, Annie Hoey, Marie Sherlock, Mark Wall. 5. In page 4, line 6, after “regulations” to insert the following: “, including restrictions on the number or type of persons who can enter a dwelling, in order to limit the spread of Covid-19 or”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 6. In page 4, line 6, after “regulations” to insert the following: “, including restrictions on the movement of persons outside a designated county boundary or geographically defined area or”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 7. In page 4, line 7, to delete “5 kilometre radius” and substitute “20 kilometre radius or less”. —Senator Alice-Mary Higgins. 8. In page 4, between lines 8 and 9, to insert the following: “(2) Where a period specified in relevant regulations is so specified as ending on a date before 31 March 2021, the emergency period shall expire on 31 March 2021.”. —Senators Rebecca Moynihan, Ivana Bacik, Annie Hoey, Marie Sherlock, Mark Wall. 9. In page 4, between lines 8 and 9, to insert the following: “(2) The Minister may, by statutory instrument, provide for the extension of the provisions made in respect of 5 kilometres to 20 kilometres.”. —Senator Alice-Mary Higgins. 10. In page 4, between lines 15 and 16, to insert the following: “(4) The Minister for Housing, Local Government and Heritage may, by way of regulations, introduce a prohibition on evictions, notices to quit and rent increases, following consultation with the Minister for Health, where it is the view of both Ministers that such bans would assist in mitigating, where practicable, the spread of the disease known as Covid-19 in such a way as to limit the adverse health and economic consequences resulting from the spread of that disease.”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan.

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11. In page 4, between lines 15 and 16, to insert the following: “(4) An emergency period shall include where a person, in order to vacate a dwelling, must cross county boundaries, and where either or both counties are subject to any travel restrictions provided for in regulations by the Minister for Health.”. —Senator Alice-Mary Higgins. SECTION 3 12. In page 4, line 22, to delete “paragraph (h), (i), or (m)” and substitute “paragraph (h) or (m)”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 13. In page 4, to delete lines 25 and 26. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 14. In page 4, line 27, to delete “10 days” and substitute “28 days”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 15. In page 5, to delete lines 6 and 7. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. SECTION 4 16. In page 5, between lines 7 and 8, to insert the following:

“Amendment of section 67 of Act of 2004 4. Section 67 of the Act of 2004 (as amended by the Residential Tenancies Act 2020) is amended- (a) in subsection (2)(aa) by the substitution of “60 days” for “28 days”, and (b) in subsection (3)(b) by the substitution of “60 days” for “28 days”.”. —Senator Alice-Mary Higgins. 17. In page 5, line 16, to delete “10 days” and substitute “28 days”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan. 18. In page 5, line 16, to delete “10 days” and substitute “30 days”. —Senator Alice-Mary Higgins. 19. In page 5, between lines 19 and 20, to insert the following: “(2) Where a person meets the criteria of being a relevant person under section 4 of the Residential Tenancies and Valuation Act 2020, but has not made a declaration of such information, any notice of termination in respect of that person shall be invalid if they

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have sought to make a declaration but have not received notification of the outcome of the application.”. —Senator Alice-Mary Higgins. SECTION 5 20. In page 5, between lines 21 and 22, to insert the following: “5. The Minister shall, within 8 months of the passing of this Act, bring a Residential Tenancies (Amendment) Bill before both Houses of the Oireachtas, which shall allow for debate and potential amendment of all sections of the Residential Tenancies Acts 2004 to 2019, the Residential Tenancies and Valuation Act 2020 and the Residential Tenancies Act 2020.”. —Senator Alice-Mary Higgins. TITLE 21. In page 3, line 14, after “housing;” to insert the following: “and recognising the increased risk of homelessness for certain persons and families as a result of the impact arising from the spread of the disease and the need to provide greater protections to those persons and families;”. —Senators Fintan Warfield, Niall Ó Donnghaile, Paul Gavan, Elisha McCallion, Lynn Boylan.

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