Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026: Second Stage Seanad Éireann — 2026-07-09 ============================================================ Eileen Lynch (FG), Agricultural Panel I thank the Minister for being here with us today. I welcome the opportunity to speak on this Bill. It is a very practical Bill that seeks to improve the operation of both our social housing system and our residential tenancies framework. While it will not solve the wider housing crisis, it contains a number of measures that will improve consistency, provide greater legal clarity and strengthen confidence in the way the system operates. As has been outlined, one of the most significant aspects of the Bill is the introduction of a statutory habitual residence and legal residence requirement for access to social housing supports. Habitual residence is already a well-established principle across a range of social protection schemes but this Bill provides greater legal certainty by placing that requirement on a statutory footing for housing supports. It also clarifies the application of habitual residence in relation to emergency accommodation and access to homelessness services. I come from a rural constituency and I regularly hear concerns from constituents who feel that people arriving in Ireland receive preferential treatment when it comes to housing supports ahead of those who have lived and worked in their communities for many years. It is important that we have legislation that clearly sets out the eligibility criteria so that everyone understands the basis on which housing support is provided. Whether these concerns are based on individual experiences or broader perceptions, they should not simply be dismissed, as they affect public confidence in the housing system. Public confidence in the housing system depends on people understanding that there are clear rules that are applied fairly and consistently. The legislation makes it clear that eligibility for social housing and certain homelessness supports is subject to the habitual residence condition as well as lawful residence, while also ensuring that Ireland continues to meet its legal obligations to those who are entitled to protection under Irish and European law. The Bill rightly brings consistency to how these rules are applied nationally by local authorities. At present, there can be differences in interpretation between local authorities. That is not in anyone's interest. A person should not receive a different assessment merely because of the fact that they live in a different county to somebody else. Having a consistent national framework gives certainty to applicants, assists housing officials in their decision-making and helps strengthen public confidence in the overall system. I would, however, encourage the Minister to review the operation of these provisions after 12 months. I believe that a review should examine whether the habitual and legal residence provisions are being applied consistently across all local authorities, whether decisions are being made in a timely manner, and whether the legislation is achieving the intended policy objectives. If adjustments are needed, we should be prepared to make them. I would also like to comment on the welcome reforms to the Residential Tenancies Acts. In particular, I welcome the changes that will make it easier for evidence to be presented in cases involving antisocial behaviour. Allowing An Garda Síochána and housing authorities to provide evidence in proceedings before the RTB should assist in addressing some of the difficulties that have previously existed where landlords or neighbours may have been reluctant to come forward. As we all know, antisocial behaviour can have a devastating impact, particularly in smaller towns and rural communities where neighbours know one another and persistent problems can affect an entire estate or village. Those who engage in serious antisocial behaviour should not be allowed to hide behind procedural barriers that make it difficult to resolve cases. While these changes are a positive step, I am not sure if they go far enough. In recent years, I have dealt with a number of landlords who have found themselves in extremely difficult situations after their properties were seriously damaged by tenants or where antisocial behaviour continued over prolonged periods. Many of those landlords have told me that the process through the RTB is slow, complex and can often be disconnected from the realities they face. Having dealt with the RTB when I was practising as a solicitor, that is an experience I echo. There also appears to be a lack of effective communication between the RTB and local authorities in circumstances where information could assist in resolving cases more quickly. Greater co-operation is needed. I am aware of one case in particular where the RTB refused to progress an eviction action because it could not serve the tenant despite the landlord providing the address of the tenant to the RTB from the council, as the tenant was in receipt of HAP from the local authority. The local authority had the information but the RTB was not willing to pursue it. Equally, landlords who have invested in providing rental accommodation need confidence that when serious problems arise, the system will respond in a timely and proportionate manner. We need stronger mechanisms for information sharing while fully respecting due process and data protection requirements. I am not saying that there are not rogue landlords but there are also rogue tenants, and we cannot have an RTB that is one sided. If we want more people to provide homes in the private rental sector, they need confidence that the regulatory framework works for responsible landlords as well as protecting responsible tenants. There is potential scope to examine the overall accountability of the RTB. While it performs an important statutory role, it must also be responsive to those who rely on its services. A more transparent relationship between the RTB, local authorities and other relevant agencies would benefit everyone involved. While I fully support the measures contained in this Bill, we should recognise that legislation is only one part of the solution. The biggest challenge we face remains increasing our housing supply. We need more affordable homes, more social homes and more private homes. We need planning and infrastructure that support sustainable growth, particularly in rural Ireland where many people simply want the opportunity to remain in their own communities. I hope that the rural planning guidelines, which were published last week, will have a big impact in that regard. This Bill improves the administration of the housing system. It provides greater consistency, strengthens the legal basis for eligibility decisions and introduces sensible reforms to the residential tenancies system. For those reasons, I am very happy to support the Bill on Second Stage. I hope that the Minister will commit to reviewing its operation after 12 months and that he will remain open to further reforms, should they be necessary. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-09/debate/main Retrieved: 2026-08-14T04:55:11+00:00 Sitting date: 2026-07-09