AQO 164/22-27 Oral question to the Minister for Communities
To ask the Minister for Communities whether he will introduce legislation to ban no-fault evictions.
Asked by Eóin Tennyson MLA on 29 February 2024
- Answered
- Oral
- Answered in the Chamber
- Tabled
- 29 February 2024
- Answer due by
- 12 March 2024
- Answered
- 12 March 202412 days after tabling
- Department
- Department for Communities
- Priority question
- No
Answer
Answered in the Assembly Chamber on 12 March 2024. Extract from the Official Report (Hansard), including any supplementary questions:
Mr Lyons
Phase 1 of my Department's programme of private rented sector reform already includes work to improve security of tenure through the introduction of much longer notice to quit periods via the Private Tenancies Act (Northern Ireland) 2022. The Act also specifies that regulations on exemptions must be in place before these longer notice periods are commenced. This is because, without such exemptions, the legislation would be susceptible to challenges under article 1 of the first protocol of the Human Rights Act 1998 with regard to interference "to control the use of property". My officials have taken on board the views of stakeholders and are developing a robust equality impact assessment to inform the drafting of these regulations, with consultation planned in the coming months. In parallel, I am considering what phase 2 of the private rented sector reform programme should include. I am conscious that the reform programme began with a review that is now over eight years old, so I have asked my officials to re-engage with key stakeholders to refresh our thinking on what the most impact on improving the safety, security and standards of the private rented sector could be.
Mr Tennyson
The Minister will be aware that almost 2,900 households presented as homeless due to loss of rented accommodation in 2022-23, which was a 17% increase on the previous year. As part of his consideration, is the Minister looking to Scotland around indefinite tenancy, and does he agree that any exemptions need to be tightly defined so that renters do not find themselves at the mercy of unscrupulous landlords?
Mr Lyons
The priority for the Department is to implement and put in place the changes that were made and requested by the Assembly in 2022 with the Act that went through the House. Any further work will be given due consideration in time. However, I understand the concerns that the Member has. In England and Wales, where they have moved to that no-fault eviction ban, there are quite a few and, indeed, a growing number of exemptions to that. The Department and the House will need to be very careful in any move towards that. We all want the right outcome for our constituents, and that will be all taken into consideration.
Mr Bradley
Does the Minister agree that it is disgraceful if landlords use notices to quit instead of addressing complaints from tenants, such as damp, mould and necessary repairs?
Mr Lyons
Yes, I absolutely agree with Mr Bradley. That is why there has been the need for this legislation and the potential for more legislation. It is not appropriate for a landlord to simply issue a notice to quit because a tenant is asking for improvements or reasonable measures to be taken. The council's environmental health officers also have the power to deal with damp and associated mould issues that are prejudicial to health through enforcing the statutory minimum fitness standard for housing, and that is applicable to all tenures.