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Is the end of the road for landlords coming ?

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  • Registered Users Posts: 184 ✭✭Holysock


    4ensic15 wrote: »
    That article seems to be very poor on detail. It doesn't say whether the property in question is inside or outside a rent pressure zone. If inside a zone the 4% applies. If outside it does not.

    I thought that too!

    Also, what exactly "has not yet been enacted into law." according to the article?

    The two year rent review provisions are in force and for the recent 'rent predictability' measures, the legislation was enacted December 2016 and the relevant provisions commenced


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Essentially- a bill can pass both houses of the Oireachtas- and be signed into law- however, the Minister then has to sign a 'Commencement Date' from which the bill applies. I honestly have no idea what the story is with the current bill- I thought it had been signed and commenced- and if you talk to the RTB they're unsure too. Clarification is needed from the Minister- as no-one seems to know what the rules are. Yesterday it was implied by an AP in the Minister's Department that the whole shebang (i.e. with another 20 defined 'pressure zones') would be commenced together- however, it looks like this will be extended to include places never intended under the scheme (think Athlone, Tullamore, Portlaoise, Waterford, Wexford- and even towns on our western and northwestern seaboards)- instead of being strictly limited to the predefined pressure zones.

    The list of new zones released yesterday- is already being torn to shreds- there is especially disquiet over the limited areas of Galway and Cork on the list- pressure groups are unhappy that it hasn't blanket covered the entire cities- there are specific developements that have through sheer flukes managed to escape being included in a pressure zone.

    The Minister's Department's point is they're not overly worried about the leaky nature of the 'pressure zones'- they have a year to tie down the details- because most landlords will have increased rent to take Minister Kelly's 2 year into account back in December 15/Jan 16- so he has fully a year to tie down the details..........

    Aka- the legislation is as set out- however, the pressure zones are going to be tinkered with on an ongoing basis- to address any anamolies the RTB notify to the Minister's Department on a quarterly basis over the next year.


  • Posts: 24,714 [Deleted User]


    :rolleyes:

    I'd take great pleasure in issuing it to you also as you are under the very wrong impression that guy can do as you please.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Essentially- a bill can pass both houses of the Oireachtas- and be signed into law- however, the Minister then has to sign a 'Commencement Date' from which the bill applies. I honestly have no idea what the story is with the current bill-

    Some sections commenced with the Act.
    From Section !. :
    (3) (a) Subject to paragraphs (b) and (c), this Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

    (b) Sections 33 to 37 , sections 46 , 47 and 50 come into operation on the day following the passing of this Act.


    (c) Part 5 comes into operation on the passing of this Act.
    There was a further commencement on 17th Jan this year bu way of SI 7 of 2017.

    This Order appoints 17 January 2017 as the date on which specified
    provisions of the Planning and Development (Housing) and
    Residential Tenancies Act 2016 (No. 17 of 2016) come into effect.
    These provisions include Part 1 of the Act, insofar as it is not already in
    operation, in relation to the short title, collective citation, construction
    and commencement of the Act. In addition, the Order commences Part
    3 (Amendments to the Residential Tenancies Act 2004) insofar as it
    is not already in operation, other than sections 44, 45, 48 and 49, as
    follows:
    • Section 30 provides for the definition of certain terms in Part 3;
    • Sections 31 and 32 provide clarification on the application of
    the Residential Tenancies Act to certain Approved Housing
    Body tenancies;
    • Sections 38 to 40, inter alia, provide that where a landlord
    proposes to sell 10 or more units within a single development
    at the same time, the sale will be subject to the existing tenants
    remaining in situ, other than in exceptional circumstances;
    • Sections 41 and 42 provide for the abolition of the landlord’s
    right, during the first 6 months of a further Part 4 tenancy, to
    terminate that tenancy for no stated ground;
    • Section 43 reduces the time period for appeals to RTB
    Tribunals from 21 days to 10 days;
    The Order also commences the Schedule of the Act (other than Part 3
    of the Schedule) which provides for consequential amendments.



    It is ludicrous that the personnel of the RTB cannot tell this to members of the public.


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