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National Report for Republic of IRELAND

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National Report for Republic of IRELAND This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no. 290694. TENLAW: Tenancy Law and Housing Policy in Multi-level Europe National Report for Republic of IRELAND Author: Mark Jordan, University of Southampton Team Leader: Prof Peter Sparkes, University of Southampton National Supervisor: Dr Padraic Kenna, National University of Ireland Galway Peer reviewers: Dr Joris Hoekstra, Delft University of Technology (Netherlands) Prof Lena Magnusson Turner, University of Oslo Prof Jakob Juul-Sandberg, University of Southern Denmark Prof Iustin Armasu, Metropolitan Research Insitute (Hungary) 1 National Report for Republic of Ireland Table of Contents 1. Housing situation ......................................................................................................... 4 1.1 General Features ................................................................................................... 4 1.2 Historical evolution of the national housing situation and policies ...................... 4 1.3 Current situation ..................................................................................................... 8 1.4 Types of housing tenure in Ireland...................................................................... 19 1.5 Other general aspects ......................................................................................... 41 2 Economic Factors ....................................................................................................... 44 2.1 Situation of the housing market........................................................................... 44 2.2 Prices and Affordability ........................................................................................ 47 2.3 Tenancy contracts and investment ..................................................................... 49 2.4 Other economic factors........................................................................................ 50 2.6 Urban aspects of the housing situation............................................................... 55 2.7 Social aspects of the housing situation............................................................... 58 3 Housing Policy and related policies ........................................................................... 60 3.1 Introduction ........................................................................................................... 60 3.2 Government Actors .............................................................................................. 63 3.3 Housing Policies................................................................................................... 64 3.4 Urban Policies ...................................................................................................... 67 3.5 Energy policy ........................................................................................................ 72 3.6 Subsidisation ........................................................................................................ 74 3.7 Taxation ................................................................................................................ 78 4. Regulatory types of rental tenures ............................................................................ 81 4.1 Classifications of different types of regulatory tenures ...................................... 81 4.2 Regulatory types of tenures without a public task.............................................. 82 4.2 Regulatory types of tenures with a public task ................................................... 89 5. Origins and development of tenancy law ................................................................. 96 6. Tenancy regulation and its context ......................................................................... 104 6.1 General introduction........................................................................................... 104 6.2 The preparation and negotiation of tenancy contracts..................................... 112 2 6.3 Conclusion of tenancy contracts ....................................................................... 119 6.4 Contents of tenancy contracts ........................................................................... 129 6.5 Implementation of tenancy contracts ................................................................ 149 6.6 Termination of tenancy contracts ...................................................................... 158 6.7 Enforcing tenancy contracts .............................................................................. 170 6.8 Tenancy law and procedure “in action”............................................................. 172 7 Effects of EU law and policies on national tenancy policies and law..................... 175 7.1 EU policies and legislation affecting national housing policies ....................... 175 7.2 EU policies and legislation affecting national tenancy laws ............................ 178 7.3 Table: of Transposition of European Legislation .............................................. 186 8 Typical national cases (with short solutions)........................................................... 199 8.1 Entering a lease ................................................................................................. 199 8.2 Lease and licence distinction ............................................................................ 201 8.3 Minimum housing standards ............................................................................. 203 8.4 Enforcement regime........................................................................................... 204 8.5 Furnished and unfurnished dwelling ................................................................. 205 8.6 Registration ........................................................................................................ 207 8.7 Rent levels .......................................................................................................... 208 8.8 Deposit retention ................................................................................................ 210 8.9 Termination and illegal eviction ......................................................................... 212 8.10 Housing support ............................................................................................... 215 9 Tables........................................................................................................................ 217 9.1 List of literature................................................................................................... 217 9.2 List of cases........................................................................................................ 219 9.3 Abbreviations...................................................................................................... 223 3 1. Housing situation 1.1 General Features The Tenlaw research project sets out to provide the first large-scale comparative and European law survey of tenancy law. 1 Private tenancy law is existentially affecting the daily lives of Irish citizens, as about one third of them depend on rental housing. This means that the policies and laws concerning rental housing have a tangible impact on the daily lives of a substantial section of the Irish population. However, rental housing is part of a larger housing system and therefore before examining private tenancy law, it is necessary to first place the rental system in context within the Irish housing system. Therefore this research project is divided into two parts; with the first part providing a general overview of the Irish housing system and the second part focused primarily on the role and operation of private tenancy law in Ireland. This report constitutes the first part of this research effort and will begin by setting out some of the general features of the Irish housing situation before describing economic factors, urban and social aspects before detailing key aspects of Irish housing policy. Finally the paper will consider various subsidisation and taxation policies before describing the different regulatory types of rental tenures. 1.2 Historical evolution of the national housing situation and policies The Irish legal system The Republic of Ireland is a democratic republic with a common law legal system derived from the English common law tradition. At a mechanical level the Irish common law bears much in common with the English tradition, in that both systems operate through a scheme of legal precedent, so case law figures prominently in legal exposition. This legal system was introduced into Ireland with the Norman invasion of the late twelfth century and as such Ireland is often described as the first adventure of the common law. Initially the common law, and its scheme of property law, failed to take hold. It was not until the seventeenth century and the campaigns of Cromwell that the English common law fully supplanted the native legal system of Brehon law.2 This transition was marked by a period of almost constant conflict regarding land ownership, the main source of economic wealth, giving rise to bitter sectarian and political struggles as vast estates of land were redistributed to those in political favour.3 The victory of Protestant William of Orange over Catholic King James II at the Battle of the Boyne in 1691 led to the introduction of the penal laws during the
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