184 Dr. Upton asked the Minister for the Environment and Local Government his plans to renew the protection afforded by the Housing (Private Rented Dwellings) Act, 1982; and if he will make a statement on the matter. [10385/02]

The Housing (Private Rented Dwellings) Act, 1982, confers a right to retain possession, as a tenant, of a formerly rent controlled dwelling for the lifetime of the person who was the tenant at the commencement of the Act – 26 July 1982 – and for the lifetime of their spouse. Where a member or successor members of the tenant's family succeed to the tenancy within 20 years of the commencement of the Act, the right to retain possession as a tenant under the 1982 Act continues to 25 July 2002, or until the tenancy has lasted a minimum of 5 years.

Once protection for successor tenants ceases under the 1982 Act, I am advised that they may be entitled to claim a long equity lease of up to 35 years under Part II of the Landlord and Tenant (Amendment) Act, 1980. If the landlord is unwilling to grant such a lease, the tenant may apply to the Circuit Court to determine a tenant's entitlement and also to set the rent and other tenancy terms in the absence of agreement between the parties.