Changes to rent controls announced - discussion

bipped said:
Could posters who understand the committee amendments stages of bills explain please? Do amendments at this stage get included in the final Act?
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If the opposition propose the amendments, they don't get included. If the government parties propose them they do.
 
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Greenbook said:
If the opposite propose the amendments, they don't get included. If the government parties propose them they do.
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Thank you for your reply. Apologies for another question but one of the links I included is from the Seanad committee, is that the same?
 
bipped said:
Thank you for your reply. Apologies for another question but one of the links I included is from the Seanad committee, is that the same?
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No, to pass legislation, the Dail (the TDs) must vote in favour of it and then the Seanad must vote in favour of it as well. It then goes to the President to be signed. It becomes law at that point unless the Act states that it will come into effect at a later date or when a Ministerial order is signed.
 
Greenbook said:
the Dail (the TDs) must vote in favour of it and then the Seanad must vote in favour of it as well
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Thank you for your patience.

So is the final bill (that the dail votes on), is that a version that comes with Dail and Seanad amendments? And then when that’s passed by the Dail, it goes back to the Seanad, and then to the President?

Just trying to understand if the ban on all rent increases in that list from the Seanad will be in the final Act.

So many people I know were caught out by waiting for previous changes to become law, I’m thinking about Dec2016 when changes came in overnight.
 
bipped said:
Just trying to understand if the ban on all rent increases in that list from the Seanad will be in the final Act.
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It is a complicated enough process. The Seanad can really only delay a bill it doesn't like.

The bottom line is that opposition changes won't be included in the final Act. What you are talking about here - a rent freeze in effect - was proposed by opposition TDs, so it won't be in the final version.

You do have to watch these things like a hawk, though. The government sometimes slips new rules in at Committee stage.
 
Governments do occasionally accept amendments proposed by the opposition. This is more likely to happen if the amendments is a sound technical improvement that doesn't have policy implications (or, in other words, that is consistent with the government's policy). Amendments proposed in order to call attention to opposition policy, or to contrast the differences between government policy and opposition policy, are most unlikely to be accepted by the government.

The bottom line is that the government decides which amendments will be taken on, and which will be rejected. The government has a cast-iron majority in both houses, so it wins all the votes.
 
Hi
With all the upcoming changes expected and that large Landlords will not be able to terminate a tenancy unless there has been a breach by the tenant,I am looking to update my lease agreements to include a list of the main tenant breaches.

Is it best to use the lease on the Rtb website or is there a better/simpler one to use.

Thank you
 
Hi Clubman
Just want to add that this is a pre 2022 tenancy that has come to the end of the 6 year term and I am now renewing.

Also I have other leases post 2022 so I welcome any advice
 
I think you can change the terms of a lease during its term, but the tenant must agree and must be properly advised if necessary. Keep in mind also that any term in a lease which is contrary to a term of the Residential Tenancies Acts just won't apply at all. You'd probably need legal advice on this ie. it is pointless rewriting your leases if your new terms just don't apply. Also, if the terms were particularly onerous and a dispute arose, the RTB may well find in favour of the tenant on the basis that the new terms were just a ruse to get the tenant out if necessary

Also, if a 6 year lease ends without being terminated it becomes an indefinite tenancy - as that is happening now, the current rules apply
 
Ok thank you Greenbook for the advice and so I will wait to implement a better worded lease agreement only when I get a brand new tenant.
Are landlords in general happy using the Rtb template lease
 
Millie* said:
Ok thank you Greenbook for the advice and so I will wait to implement a better worded lease agreement only when I get a brand new tenant.
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No, you can do that at any time, but your tenants have to be advised and agree

I use a lease a solicitor drafted for me - no idea what the RTB template is like, but I suspect that it is very pro-tenant.
 
Why are 18% of purchases falling through ?
I thought all buyers had to show mortgage approval prior to bid acceptance ?
 
January25 said:
I thought all buyers had to show mortgage approval prior to bid acceptance ?
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Mortgage approval doesn't always guarantee that the mortgage can be drawn down - and lots of stuff that causes problems can arise all the way up to the day of closing!
 
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