Written answer
Defective Building Materials
641. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage if landlords with tenancies in place prior to 1 March 2026 will continue to retain the right to terminate a tenancy under section 34 of the Residential Tenancies Acts 2004 to 2025 where vacant possession is required to carry out remediation works to dwellings affected by defective concrete blocks; and if he will make a statement on the matter. [37710/26]
Comment on this
642. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the measures that are in place to ensure that landlords are not placed in a position whereby tenants remain in dwellings deemed unsafe due to defective concrete blocks or where substantial remediation works pose a health and safety risk; and if he will make a statement on the matter. [37711/26]
Comment on this
643. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage the protections and supports available to tenants residing in dwellings affected by defective concrete blocks where remediation works require temporary or permanent vacation of the property; and if he will make a statement on the matter. [37712/26]
Comment on this
644. Deputy Charles Ward asked the Minister for Housing, Local Government and Heritage if specific guidance has issued, or is planned to issue, to landlords, tenants and the Residential Tenancies Board regarding the interaction between tenancy protections introduced from 1 March 2026 and the operation of the defective concrete blocks grant scheme; and if he will make a statement on the matter. [37713/26]
Comment on this
I propose to take Questions Nos. 641 to 644, inclusive, together.
The Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (as amended) which contains the current Defective Concrete Blocks Grant Scheme commenced on 22 June 2023, with related Regulations being adopted on 29 June 2023.
The Grant Scheme applies to the owners of dwellings located in designated local authorities, which are damaged due to the use of defective concrete blocks.
The dwelling must be:
• the individual's principal private residence, that is, a house which an individual owns (or co-owns) and occupies as his or her only or main residence;
• a rented dwelling with a registered tenancy that was registered with the Residential Tenancies Board (RTB) on or before 1 November 2021 subject to a maximum of one rental property per household.
Relevant RTB registered properties are subject to a charging order that creates a charge over the relevant dwelling, equal to the payments made to the landlord who is the relevant owner for a period of 20 years.
The Residential Tenancies Acts 2004 to 2026 (RTA) regulate the landlord-tenant relationship in the residential rental sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Section 34 of the RTA provides that a landlord must state a reason for the termination in any notice served, in accordance with the allowable grounds for terminations.
The RTA provides that where a landlord terminates a tenancy because he/she needs vacant possession to substantially refurbish/renovate the property, that property must be offered back to the former tenant upon completion of the works. Also, such a notice of termination must contain or be accompanied by a written certificate of a registered professional, such as an architect, engineer or surveyor, stating that the proposed substantial refurbishment/renovation works would pose a health and safety risk necessitating vacation by the tenants and that such a risk would be likely to exist for at least three weeks.
For existing tenancies (i.e. those in place on 28 February 2026 and continuing to exist), landlords will continue to have the right to terminate a tenancy in line with the provisions of the RTA, as they applied on 28 February 2026. The tenancy changes from 1 March 2026 do not apply retrospectively and the Defective Concrete Blocks Grant Scheme will operate, as usual, for a relevant rented dwelling.