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LAST UPDATE | 19 Mar 2020
THE GOVERNMENT HAS announced plans for a temporary ban on evictions for the duration of the Covid-19 crisis.
The proposals also include a temporary ban on rent increases for those whose incomes have been impacted by the coronavirus pandemic.
Tens of thousands people have lost their jobs as a result of the crisis, with a large number of businesses closing temporarily or permanently.
The notice period for tenancies of less than six months is also being increased from 28 to 90 days.
The emergency measures for renters were agreed at a Cabinet meeting today.
Housing Minister Eoghan Murphy intends to publish legislation next week to amend the Residential Tenancies Act 2004-2019 to give effect to these changes.
It is expected the legislation will amended over one day when the Dail returns next Thursday.
Speaking on RTÉ’s Drivetime, Murphy said landlords cannot impose a rent increase on their tenents during the crisis, and if a person has received a notice request to leave the apartment or home they are renting that process will now be suspended.
He said the government wants to ensure that during these uncertain times, peoples’ homes are protected.
Other issues that will arise after this period will have to be dealt with adding: “We can see what else needs to be done. As we move through this period of emergency, we don’t yet know how long that will be, we don’t yet know what other problems might arise in the interim.”
In a statement, the Department of Housing said the emergency rental measures “complement those announced by the five main retail banks yesterday, in relation to the flexibility – such as three-month mortgage breaks – which will be offered to those with buy-to-let mortgages whose tenants have been impacted by the virus”.
“It is the government’s expectation that landlords will pass that flexibility on their tenants. Tenants are encouraged to engage with their landlords as quickly as possible if they are facing difficulties.”
The statement added that while tenants “will be expected to pay rent during this period, income supports and Rent Supplement is available to those struggling to do so”.
“These supports are provided by the Department of Employment Affairs and Social Protection. Any rent arrears built up will be payable, but landlords have been asked to show forbearance and reach local arrangements in such circumstances.”
‘People are worried’
Speaking today, Murphy said he knows that “many people who are renting are worried about their living situation”.
“I want to assure them that over the emergency period they will be able to remain in their homes. Today the government approved new measures to give the strongest possible protection to all renters at this time of national emergency.
“A moratorium on notices to leave rental accommodation is being introduced as is a moratorium on rent increases so that people will be safe in their homes during this period.”
Murphy said he is aware that some renters will find it very difficult to pay the rent due to the impact that Covid-19 is having on businesses and jobs, saying there are “supports in place for people through the Rent Supplement”.
He thanked landlord and tenant organisations for their “engagement and support in these measures”.
The minister added that in terms of a rent break for all renters, that’s not necessary because the majority of people are still going to be at work.
“Yes, people are losing jobs for on reduced hours, and it’s very difficult for them. But a number of people will still be working in our economy and will still be able to pay,” he said.
Speaking to TheJournal.ie, Fianna Fáil’s Darragh O’Brien said he wrote to Minister Paschal Donohoe about supports for renters last week and he is pleased that ideas he had put forward in his letter had been announced today.
He said a rental and housing crisis that already existed has been made more difficult with the outbreak of Covid-19. O’Brien added that he has heard positive stories from landlords in recent days who have already been in touch with their tenants to work out deals.
Today’s announcement follows engagement in recent days by Murphy with such organisations as well as charities and NGOs in the housing sector.
TDs are today debating emergency legislation that deals with a number of issues including social welfare payments and detaining people who have Covid-19 if needed.
Tánaiste Simon Coveney earlier confirmed in the Dáil that renters will be “protected”, stating: “We will legislate to ensure that there will be no evictions during this period.”
‘Absolute panic’
Speaking in the Dáil this afternoon, Sinn Féin leader Mary Lou McDonald said “no threat of eviction should hang over anybody’s head” during the crisis.
“Tens of thousands of people have lost their jobs, many more will lose their jobs in the days and weeks ahead, as businesses have had to close their doors.
“And for these families, the fear of the virus is now matched by the fear of bills that cannot be paid, rents that cannot be paid, mortgages that might go into default.”
Catherine Murphy, co-leader of the Social Democrats, said a number of people who have received eviction notices recently have been in touch with her office and are in “an absolute panic”.
Labour’s Alan Kelly echoed this sentiment, saying any rent that people cannot afford to pay because of the pandemic “cannot be crystallised”.
“This is not like dealing with mortgages. The debt cannot be crystallised. They can’t put it off, they can’t pay it, so the State has to intervene. I cannot be any clearer than that.”
Responding to earlier comments by Minister for Finance and Public Expenditure Paschal Donohoe about potential evictions, Stephen Faughnan, chairperson of the Irish Property Owners’ Association, said the assumption “that landlords will automatically seek to evict tenants in financial difficulty is grossly unfair and serves to portray property owners in a very poor and cynical light”.
Faughnan said the vast majority of property owners “treat their tenants very fairly and enjoy an excellent relationship with their tenants”.
He called on the government “to move quickly to put in place the rental supports necessary to allow the tenants to continue to pay their rent”.
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In the case of tenants not being evicted, if the tenant is not paying rent, the landlord should be able to pause mortgage repayments. If I own an apartment/house, I don’t want someone to have to leave in the middle of a national crisis, but I might need the rent to pay the bank.
@Conall: in that case the mortgage can be postponed for 3 months that announcement yesterday included buy to let’s as well as homes.
@Conall: As a pretty decent tenant, even one who got exploited by his Landlord by having “unwelcome improvements” forced on me, I understand your worries. Landlords /Landladies shouldn’t be left short of more money than they have put in. We all need to play fair.
@Conall: the thing is a pause is not the same as never getting paid. Reality is interest needs to be paused too
Eveerything should be paused across the board. There needs to be equity and fairness for people.
@Diarmuid: Diarmuid, define everything?
Should employers stop paying wages due to the crisis?
Should we stop paying for services like broadband and allow those companies to shut down? Who needs internet right now.
There is a still a lot of people out there that can work and are being paid who can cover their bills. There are others that can’t and there is help for them.
@Diarmuid: well unless u a cival servant
@james foley: the workers in the HSE and the nurses and doctors and fire and ambulance crews and the ones working on contact tracing and those in the army on standby and those supporting those services…. would they be the civil servants you are talking about?
I thought a tent freeze is unconstitutional…. Hmm
@mark d: this is a new paradigm Mark
@Ted Logan: really? It’s either unconstitutional or it’s not. Constitution doesn’t change because of paradigm shifts, it changes because of referendums.
@mark d: it is essentially a state of emergency we are in which allows certain things to be permitted that would otherwise be unconstitutional for the greater good.
@mark d: you’re absolutely right, in other words it was never unconstitutional.
@Ted Logan: No you’re wrong there. If it’s unconstitutional landlords could essentially sue the government. Emergency or not.
Emergency legislation has to be introduced but if it unconstitutional you cannot introduction the legislation.
@mark d: freedom of association is a constitutional right but mass gatherings have just been prohibited. Things change in emergencies.
@Laughable: No, you are wrong, my fake account. Why don’t you just post under your real name? Why hide behind a fake account?
Under international law, rights and freedoms may be suspended during a state of emergency.
In Ireland declaring a state of “national emergency” involves Article 28.3.3° of the 1937 Constitution of Ireland, which states that:
Nothing in this Constitution shall be invoked to invalidate any law enacted by the Oireachtas [parliament] which is expressed to be for the purpose of securing the public safety and the preservation of the State in time of war or armed rebellion, or to nullify any act done or purporting to be done in time of war or armed rebellion in pursuance of any such law.
So what was once unconstitutional is for the duration of the emergency suspended.
@Laughable: in times of normalcy and buoyant economy yes, they can sue, but this is a National Emergency everyone is suffering they don’t have any grounds to challenge it.
@mark d: Mark, this might help you understand the different between being unconstitutional and an national emergency.
@mark d: tents are freezing in the winter
@Tony Lyons: very true….
@mark d: it is unconstitutional but a temp emergency is allowed. They used one up already now a bigger emergency happened so allowable. They won’t be able to keep it going forever. And keep extending to get around the constitution
@Craic_a_tower: 2 articles:IT: Housing crisis:There is no constitutional block to rent freezes in Ireland’ &
Journal:’Column:It’s not so simple,Minister,the proposed rent freeze bill could work under the Constitution’.
@Nuala Mc Namara: yes that is the opposing OPINION but if they continue it becomes something that can be legally challenged on constitutional grounds. It would be challenged so disingenuous to say it is legal. They claim a loop hole to get around a previous ruling. Don’t be fooled
@Ted Logan: Shtap Ted
@Jim Buckley Barrett: the point i was making, was when previously a temporary rent freeze was suggested as an emergency measure due to homelessness and rent pressures, FG and FF both said it would be unconstitutional. There were legal experts who said that a temporary measure could be argued to be within confines of the Constitution the not be seen as a Constitutional infringement on the right to private property. Here’s the article written by an assistant professor of law at trinity, in case you need to educate yourself further… https://www.thejournal.ie/readme/rent-freeze-4929058-Dec2019/
@mark d: the constitution was thrown into the Liffey outside the 4 courts years ago
No where close to enough , sit at home stressing already and then add the worry of being on the street in 3 months will push people over the edge , two where I live both laid off last Sunday paid utilities Monday night with basically nothing left , no idea when we will even get the 203 and rent due end of the month , even if used every bit of the 203 from both of us will not cover the rent , need to have some hope , following the government advice and not even leaving the house bar food shopping
@Oliver Mahon: so sorry to hear of your situation. I hope that your landlord is a decent one, I really do.
One of my kids has been laid off work, and my other daughter is a nurse, we havent seen her for 10 days, shes doing such long shifts and staying with another nurse in a rented apartment incase she brings the virus home. Good luck and hopefully stay well.
Q the poor landlords….3, 2, 1…
@Fr. Fintan Stack: there are some Landlords that will struggle if they don’t get rent. Until recently I myself was an accidental Landlord. I know one or two months missed rent and I’d be in trouble. I would have not been in a position to cover the mortgage and tax liabilities. The bank would not be getting a mortgage and my credit rating would suffer.
@Fr. Fintan Stack: Q the comments who think all landlords are evil bloodsuckers …3, 2, 1….
@Ted Logan: Maybe you should read upon what was discussed between Pascal and the banks yesterday. It includes buy to rent / landlords.
@Ted Logan: the entire financial system needs to be put on hold, those working and earning pay bills, mortgage, rent, loans etc..
@Fr. Fintan Stack: what if it wasn’t a buy to let but a buy to live. And you have rent or a mortgage elsewhere that needs to be paid too. I rented my house for 6 years when I moved city to get a job in the last recession – house was in negative equity, I never made money renting my house but was not in a position to sell it.
It’s not alway black and white how the Landlords situation is.
@mark d: put the financial system on hold? We still need food and medicine from abroad along with all manner of other sundry products, do you expect foreign producers to provide us with their goods gratis until the financial system is removed from hold status? Because they won’t do that, they’ll sell their goods to countries and people who are willing to pay their asking prices.
@Ted Logan: The deal with the banks covers everybody. If you rented the house for 6 years and you took in no income from rent for the 6 years then you made no money. If on the other hand your tenant only paid half of your mortgage for 6 years then you made money. You are getting half your mortgage paid for 6 years and you have an asset at the end. That’s profit. A lot of people went in to negative equity for a time but property prices bounced back, so that’s a red herring.
@Ted Logan: This is a problem with some landlords. Rent is income. Any money you earn is income. You bought a house as an investment to make money. You took a risk and lost. The banks would have explained this to you. You signed off on this agreeing it was a risk. So give us a break with your poor me attitude.
@Bren: the banks took risks too and lost and were bailed out to the tune of 64bn by the taxpayer.
@Sean: So at the end of the day the tenant should be penalised twice for the mistakes/risks of the landlords and banks? 1. By exorbitant rents and 2. as a taxpayer paying back the 64bn.
My tenancy expires in July and I expect the current measures to still be in place then (based on how long we have been told this may all go on for). My landlady will not be allowed to raise my rent (I live in a rent-control-zone) but she can easily give me notice and get me out, to replace me with someone else who will pay more. As I see it, nothing has changed. Am I wrong? I am a good tenant and have never missed a cent in rent but that doesn’t matter to most landlords who are trying to squeeze as much out of tenants as possible. Breathing space means delayed debt and protection from eviction for three months means nothing in the real world as it just kicks the problem down the road…
@ImYourNumber1Fan: The rent can’t be raised for a new tenant any more than it can be for the old tenant.
@Conall: Thank you, I did not know that. Very reassuring.
@ImYourNumber1Fan: they have to give you notice to cancel your contract, they can’t do anything to change this until current emergency is lifted so you are safe for a while
@ImYourNumber1Fan: Your tenancy doesn’t expiry like that. You still would have to be given notice and justication for the eviction which is what it would be considered under the law. That notice could be anything from one month to 6 months depending on how long you have been a tenant in that property.
I would suggest ringing Threshold and discussing this with them. https://www.threshold.ie/
Or at least read through their website.
@Jim Buckley Barrett: I agree with Jim. I am a landlord and tenancy simply doesnt work like the original poster mentioned. A tenant is covered under Part4 tenancy laws which mean that after 6 months of tenancy the landlord can only evict based on 4 fairly strict criteria and even then must follow specific rules around notice periods. Those rules stay in place until the tenancy has passed 6 years (used to be 4 years) whereby the landlord can cease the agreement without cause for a further 6 months.
@ImYourNumber1Fan: a good landlady will recognise your a good tenant. But you need to talk to each other here even if not spoke before.
She probably won’t want to lose you and she is as worried about this as you are. She will do a deal to get through this and you could become friends as a human consequence of this. Talk first imo
What the hell does a rent freeze accomplish when people are only earning the government €203 and they’re already paying extortionate rents!
@mark d: Their situation doesn’t get any worse than it already is.
@mark d: Just had an offer €160,000 below asking price accepted on a house in Howth. I’m speechless. The world’s gone mad
@mark d: not everyone is payin extortionate rents. Public housing, HAP etc
@mark d: agreed. If someone loses a job and is on €203 a week then there should be a rent break with a corresponding mortgage break for the landlord. The landlord still has the asset, after the freeze is lifted, so I don’t see that the break should crystallise on the tenant as the landlord will recoup the break eventually.
If a landlord relies on the rental income to survive then they should also receive the €203 allowance. It’s temporary solution to a temporary problem.
€203 a week won’t go far in getting food on the table and covering normal utilities (which is the next Pandora’s box!).
@Marcus Kittel: what logic is that? Would you expect a shop to give you free stock because you had no money because they can make a profit later? Landlords aren’t social welfare. Electricity going to be free? Landlords aren’t a few big companies but mostly regular people. Flexibility is needed for them too
@mark d: nothing it accomplishes nothing and it will only stop landlords raising rent for those who lost their jobs due to the outbreak so its absolute rubbish. People see rent freeze and will think they don’t need to pay rent which will not happen.
@John Moylan: your point?
@Marcus Kittel: absolutely, tbh I think there needs to be commercial rent, loans, utilities, mortgages freeze for those who have lost there jobs. Just suspend the whole system so the companies closing can reopen when all this is over with little to no impact on their business and jobs.
@mark d: Oh the fish ate something which ate something else and when you and the family enjoyed the fish you unknowingly ate something that was carrying a lethal virus once ingested… and spread to anyone you and your family came into contact with which spread to anyone they came in contact with.
Tenants and landlords will need to work together. Lots of accidental landlords that have also lost their jobs and are struggling to keep up payments of two mortgages. Also lots if tenants who could struggle to pay all the rent due. Fair and decent people will agree a reduction in rent until the jobs are re-established and then try and agree a plan over time to pay off the shortfall. As although the banks may give landlords a three month mortgage holiday they will still then expect the shortfall to be made up or it will just be added to overall mortgage. The banks will certainly not be out if pocket.
@Michael Hanley:
Accidental landlord? You’d be very cIumsy to slip and put an ad on daft, then slip again getting up and hand the keys over.
@: Still don’t understand the term. Sure I explained it before to you. Education system in Ireland has a lot to answer for.
Planet earth needs to be paused at this stage full stop till this thing just goes away.
@Ashley Rowland: as long as people still have selfish desires for food, heat, and healthcare then people will still need to remain unpaused to provide those things.
What about those mortgages who were sold to vulture funds, are they covered ? Or is it only the big 5, who were allowed/encouraged to sell their non preforming loans.
bUt itS uNConStiTutIoNaL
@MickN: Here Mick – this might help you understand the different between being unconstitutional and an national emergency.
@Jim Buckley Barrett:
Jim, that’s the wrong link you sent.
Here you go Mick.
https://en.wikipedia.org/wiki/Letter_case
@Jim Buckley Barrett: Homeless people dying on the streets, kids eating from cardboard boxes on the streets, kids sleeping in garda stations, OAP’s eating handouts on window cills.. Any one with a heart would have called that an emergency too… But FFG shills love to see it, it makes them feel better about themselves, and gives them someone to spit on
When it comes down to suiting themselves and their own agenda, Ministers and T.D.s across the board have no hesitation in enacting Housing and Tenure legislation which is already common law across the rest of the E.U.
The U.N. Special Rapporteur for Housing Equality, Leilani Farah, has previously denounced the Irish Government/State for being in breach of Human Rights by failing to enact Housing and Tenure Rights legislation common to all other EU citizens for decades.
It’s only when Lobster House wants to portray itself as being pro active on the Virus issue that they unanimously declare that intimidation, rack renting and eviction of tenants shall be deemed ‘unlawful’ for a few months.
After that it will be back to removing any such Rights, and evicting three tenants PER DAY as has been the case in the current Celtic Vulture Property Apartheid racket.
Across the rest of Europe there are stringent legislated rules, regulations and Rights protecting tenants and everyone, from the arbitrary Tenant Farming Racket which has enslaved Irish workers to Private Landlordism since Strongbow introduced it in 1170.
It is way past time for a HOUSING AND TENURE RIGHTS REFERENDUM. Surely the Coronavirus crisis will be the catalyst for it.
Unbelievable … ‘temporary ban on evictions’ …. when future generations look back at the dark times of Evictions of kids from their family homes – in the early 2000s” they will wonder why not one man or woman among them stood up and said stop!
https://www.change.org/p/irish-housing-crisis-referendum-on-family-homes
@Neuville-Kepler62F: Families? What of single people struggling on their own? They could be helped also.
@Fiona Fitz: .. agreed. A Referendum would fix our broken Constitution that leads to evictions, rack rents, and no affordable homes for those on average incomes.
Bezier France starter home: €160,000
Cork Ireland (same size) : € 260,000
€100,000 ripoff by Government VAT(€28,000) plus county manager levies, plus land hoarding .. plus planning ( bedsit ban for others not affecting any Planner!) …. drain the swamp badly needed – A Referendum would do that
and put the citizens first and center in their own country.
So all concerned should sign the Petition AND promote it to reach 100,000
https://www.change.org/p/irish-housing-crisis-referendum-on-family-homes
and be very conscious of How They Vote!
What if you lose your job, I doubt any body is paying less than €800 a month on rent.
As for the landlord helping out, going by many previous experiences with landlords it’s hard enough to get them to fix minor problems let alone give some sort of break.
Im now temporarily laid off. I’ve been spending half on income on rent for 3 years so I have no savings. No idea how to keep a roof over my head or if my job will be back. 200 a week wont even cover my rent never mind anything else. We bailed out the banks, time to bail out us hard working tax payers who are ruined now because of something we have no control over.
@Niall Dunne: wasn’t it increased to 300 something?
@Soeren Kuehling: that’s sick pay. The 200 is for people who have been laid off temporarily
When it comes down to suiting themselves and their own agenda, Ministers and T.D.s across the board have no hesitation in enacting Housing and Tenure legislation which is already common law across the rest of the E.U.
The U.N. Special Rapporteur for Housing Equality, Leilani Farah, has previously denounced the Irish Government/State for being in breach of Human Rights by failing to enact Housing and Tenure Rights legislation common to all other EU citizens for decades.
It’s only when Lobster House wants to portray itself as being pro active on the Virus issue that they unanimously declare that intimidation, rack renting and eviction of tenants shall be deemed ‘unlawful’ for a few months.
After that it will be back to removing any such Rights, and evicting three tenants PER DAY as has been the case in the current Celtic Vulture Property Apartheid racket.
Across the rest of Europe there are stringent legislated rules, regulations and Rights protecting tenants and everyone, from the arbitrary Tenant Farming Racket which has enslaved Irish workers to Private Landlordism since Strongbow introduced it in 1170.
It is way past time for a HOUSING AND TENURE RIGHTS REFERENDUM. Surely the Coronavirus crisis will be the catalyst for it.
@Paul Newsome: in the rest of the EU when you stop paying your rent you will be evicted and still owe the money and it happens quickly. Here you walk away without paying after over a year of living there. What is missing here is the right for landlords. It really isn’t a fair system and it should be for all parties involved. It isn’t the landlords job to act as a social welfare system. The suggestion so far seem to be landlords take a hit on their services. It just wouldn’t be fair. I will give tenants leeway but it cannot be all at my expense the same way shops don’t have to give their stock away free
@Craic_a_tower: time to sell rental properties let the government provide the free housing.
@james foley: that will mean less places to rent if you give a moments thought. Is this the reward for over 50 years of providing a service to the public? Paying tax for 50 years for a pension they now shaft an industry full of similar.
For once the Green Party are showing a step in the Right Direction, lets hope they continue in a positive mode and give us a Government.
So if people are paying collosal rent and have lost work how will they make up rent ? Rent supports wouldnt cover up to half of what some people pay so how will they pay the rest ? Out of the €203 they can claim ? That still wouldn’t be enough. And the landlords cant kick them out but nothing stopping them when this is over.
@Lauren Masterson: Im in this situation. Started a new job last week in a hotel, now out of work. My rent has been 40% of my income for the past 3 years so I have nothing in reserve. The 200 a week wont even pay for my room never mind food or anything else. Im panicked
Where are all these evictions under the FFG authority happening ?
Is it the banks or private landlords because if it is the banks we can expect thousands more to be evicted.
To be or not to be, that is the question.
We have been advised for years, misled in my opinion, that the rights of private property would render such a prohibition unconstitutional. Total rubbish, just needs to be done, just like the sequestration of private pension funds for austerity measures.
Get on with it.
Leo Varadker … Fine Gael Leader
“I am going to restore “Evictions” of kids from their Family Homes when this corona virus crisis is over”
…. what a leader, what a Political Party, ……… what a legacy!
https://www.change.org/p/irish-housing-crisis-referendum-on-family-homes
Could someone clarify for me how a rent freeze for 3 months will work out for a tenant once the three months is up? It seems to me that the tenant would now be liable for three months back rent, which could be €6000+
Am I missing a vital piece of information from the minister’s announcement here?
A rent freeze means the landlord does not increase the rent. There is no commitment from the landlord to forego rent completely.
How is that to help any tenant?
Let me hear a Hallelujah!!!
It’s hard to see the party that let the vultures have free reign ,tax free” in the country ,fixing the problem even be temporarily
have your say