Landlords would have viewed keeping eviction ban 'a breech of trust' says Laois Offaly Government TD who stands by decision

Laois Offaly Fianna Fáil TD Barry Cowen has stood by the Government's decision not to retain the eviction ban which he said was not popular but necessary to help the rental market.

He said retaining it would have been substantial impingement on property rights and the advice was very strong from those with "great experience and expertise" in the housing market, that extending the ban would damage and undermine the prospects of people getting homes into the future.

He said there was also a 'deep concern' in Government that an extension would be seen by landlords as "breach of trust by Government"

Sometimes a critic of the Government, the TD issued a detailed statement about why he supports the change and other issues related to housing delivery.

"I acknowledge that this decision is neither popular nor populist, but it is necessary. I hope you will allow me to reply in detail.

"Before I respond on the eviction issue, may I draw your attention to some other developments over the time the ban has been in place that have been a factor in the recent decision.

"Supply is key to improving our housing system and is increasing. Almost 30,000 homes were built last year, an increase of 45.2% from 2021 (20,560) and 41.3% from 2019 (21,134), and 5,250 or 21% higher than the Housing for All target of 24,600 for 2022.

"During the ‘Winter Emergency Period’, delivery of social housing continued at pace. In Q4 2022, 4,800-4900 build units were delivered, along with 430-530 acquisitions and 600 lease arrangement put in place. In Q1 2023, 1,896 social housing build will be delivered, and 401 lease arrangements. The Department is aware that the estimated 20 acquisitions is likely to be much higher.

"Separately, during the period 1,532 local authority units were remediated under the Voids programme in Q4 2022 and a small number of units have already been recouped so far in Q1 2023.

"Emergency planning powers for local authorities were passed by the Oireachtas in December 2022. In conjunction with these powers the Government provided local authorities with debt relief on specific sites which will now facilitate the construction of 1,500 local authority houses using Modern Methods of Construction which will be delivered over the next 2 years.

"With the end of the winter period now approaching the Minister is taking a number of measures to urgently and substantially scale up housing delivery, including emergency accommodation, affordable housing, cost rental accommodation and social housing (including via acquisitions, I have for example specifically furnished local authority with details of eviction notices who’s tenants are receiving housing assistance in the expectation that government policy will be implemented in such circumstances )

"A number of specific proposals have been developed with a view to increasing the immediate supply of social housing from 2023 through Build, Acquisition and Delivery schemes.

These include:

• an increase in the number of social housing acquisitions to 1,500 in 2023 to reduce the number of households at risk of homelessness due to landlords selling properties;
• an additional 1,000 homes through a Targeted Leasing initiatives in 2023 and 2024;
• the amendment to the Capital Advance Leasing Facility (CALF) utilised by AHBs to deliver social homes. 

"Overall Housing for All projects 9,100 new build Social homes in 2023 as part of a €4.5bn housing package to boost supply and exceed the overall target of 29,000.

"It is important to stress that the ‘winter emergency period’ was introduced as a temporary emergency measure. 

"Whatever they may be claiming now, at the time it was introduced Sinn Féin said they “always wanted a temporary winter ban on evictions to give us some breathing space and we are supporting this legislation”, he said.

He then turned to addressing the Government measure directly and why he backs it.

"The eviction ban represented a substantial impingement on property rights, for a specific time-limited period, to give extra protection to tenants during the cold winter months when homelessness services are most under pressure. 

"There is deep concern that landlords would consider any extended, or further, ‘winter emergency period’ to be a serious breach of trust by Government, further undermining their confidence in continuing their participation and growing their investment in the rental market. 

"Any expiry date that may be set in legislation for any extension would not be credible to the sector and would be likely to prompt significant numbers of landlord exits, when legally permissible.

"However, taking into account the available information, the Minister considers that the most appropriate response now is to allow the ‘Winter Emergency Period’ to expire, as legislated for by the Oireachtas last October.

"An extension would serve to discredit the function of ‘emergency’ Government measures and, potentially, damage the prospect of introducing future ‘emergency’ measures, such as those that played a crucial role in mitigating the worst impacts of Covid-19 on tenants.

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"The popular decision would have been to keep going and to keep the eviction ban going. That would be popular, but it would not have been a sustainable position to adopt in terms of the supply question.  We would have made it worse for people who would have come to further difficulty in getting access to housing.  That was the dilemma.  People are not coming into the rental market and people are leaving the rental market. 

The TD concluded by saying: "The advice is very strong from those with great experience and expertise in the housing market, that if we were to extend the ban, it will damage and undermine the prospects of people getting homes into the future".