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Eviction ban legislation passed by Dáil and Seanad

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.

THE LEGISLATION TO allow for an eviction ban has been passed by the Dáil and Seanad and is due to be signed into law by President Michael D Higgins in the coming days. 

The legislation sets out that an eviction ban will be in place between 1 November and 1 April.  

An estimation that there are 2,273 tenancies due to terminate over the winter period is understood to be one of the drivers for the Government to reach its decision to introduce a ban.

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.

Terminations in winter

Housing Minister Darragh O’Brien has welcomed passage of the legislation today which he said will provide for temporary stay on tenancy terminations this winter.

The Government is “very aware” of the increasing pressure on homeless services, the limited supply in the rental market and the struggles people are facing over the coming winter months, said the minister.

He said the bill’s swift passage through the Dáil and Seanad “demonstrates our collective commitment to protecting renters during this exceptional period by deferring any ‘no fault’ tenancy terminations from taking place this winter”.

“The legislation ensures that where a tenant does not pay rent or engages in anti-social behaviour, they will not be protected by this legislation.

“While this emergency measure is necessary and will provide assistance in the short-term, the long-term answer to our accommodation challenges remains an increased and sustainable supply of new housing.” he said.

The minister highlighted the latest figures from the Central Statistics Office (CSO) today which show that over the first three quarters of 2022, completions stood at 20,807, which was greater than the total for the whole of 2021 (20,560).

The CSO data shows that apartment completions increased by 153.4% from the same quarter last year to 2,445 in Q3 2022.

Completions increased by more than 30% in all regions of Ireland from Q3 2021, with a 112.8% increase in Dublin.

O’Brien said the Government remains fully focused on increasing supply to improve the rental market.

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