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.