The rent eviction ban is not unconstitutional as the COVID-19 pandemic is not over, according to legal advice given to a homeless charity.
The blanket national ban is due to run out on Saturday, with the Housing Minister voicing concern about its legal basis.
The Minister has announced a new bill that will provide help until January to only those who have been financially impacted by the pandemic.
Renters will only be able to avail of the rent freeze and eviction ban if they prove to the Residential Tenancies Board they lost money due to COVID-19.
Legal advice received by the Simon Communities says the original ban was brought in as a response to a public health crisis, and given that regional spikes are anticipated, the crisis is not over.
Wayne Stanley from the Simon Communities says lifting the ban conflicts with what people are being told:
“The legal advice we got was quite definitive. It’s very clear that the public discourse that regional spikes are anticipated, second surges are anticipated.
That means there should be sufficient jurisdiction available to the Oireachtas for legislation to be introduced to extend the powers on moratorium.”
The legal advice outlines due to the threat of Covid-19 there is a basis for legislation to be brought to extend the ban further.
Legislation will be brought before the Dáil on Friday, with the bill to be enacted from Sunday morning.
