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RTÉ News
2 days ago
- Politics
- RTÉ News
Bill to extend Rent Pressure Zones 'an utter shambles'
The Dáil is debating legislation to extend Rent Pressure Zones (RPZs) across the country. The Residential Tenancies (Amendment) Bill 2025 is expected to be passed by the lower house of the Oireachtas today and go to the Seanad tomorrow. Sinn Féin's Spokesperson on Housing Eoin Ó Broin described the proposed legislation as "an utter shambles" and "utterly defensible". He told the Dáil that he has never witnessed such a "haphazard, ramshackle, back of the envelope" approach to a crucial policy, adding that it is a "farce". Minister of State at the Department of Housing Christopher O'Sullivan, who introduced the bill, said that the Government is moving fast because tenants need protection and this will be delivered by extending RPZs. "This is an immediate and concrete protection against high rent inflation," he added, claiming that it would create certainty, stability and clarity for the sector. Mr O'Sullivan added that "this will come as a great sigh of relief" to many of his constituents in Cork South-West. However, Mr Ó Broin described the Government move as an "assault on renters" who "will be the losers". Ministers, he added, "scrambled around" to add references to students to the bill after failing to mention them in any advance briefing. "It is the Fianna Fáil rent hike bill," the deputy said, adding that the party's solution to rising rents "is to keep those rents rising". Mr Ó Broin also said that the move amounts to the dismantling of Rent Pressure Zones and "rips the heart out of the RPZs". He claimed that "in the best case scenario" the proposals will create a modest increase of (housing) supply in high-value areas "and everybody else will be left behind". Security of tenure changes will benefit a small group of tenants, Mr Ó Broin conceded, but said they will create more complicated and difficult rules that can be exploited by rogue landlords and will lead accidental landlords to make mistakes. All this will add to the workload of the already overloaded Residential Tenacies Board (RTB), he said. Mr O'Sullivan defended the bill, claiming the Government is aiming to strike a balance in its approach. "We aim to attract investment, but we know that tenants deserve and need fair treatment," he said. The minister noted that a larger landlord - with four or more tenancies - cannot end a tenancy created on or after March 2026 via a no-fault eviction. "No-fault evictions will be restricted to smaller landlords and outlawed for larger landlords," Mr O'Sullivan said. The minister added that rent resetting would be allowed only in specific circumstances. "This will come as a great sigh of relief" to many of his constituents in Cork South-West, the minister added. Minister of State John Cummins said that 17% of tenancies are outside RPZs. He emphasised the role of enforcement and noted that the RTB has launched "several in-depth investigations into serious, deliberate and repeated breaches of rental law".
Hamilton Spectator
3 days ago
- Business
- Hamilton Spectator
Coquitlam landlord loses bid to overturn $36,000 order to former tenants
A Coquitlam landlord must pay more than $36,000 to his former tenants after the B.C. Supreme Court upheld a Residential Tenancy Branch (RTB) ruling that he took too long to move into the home he claimed for personal use. In a June 6 decision, Justice Sheila Tucker dismissed Harjinder Bhangal's petition for a judicial review, ruling the RTB arbitrator's finding – that Bhangal failed to comply with statutory timelines after issuing an eviction notice – was not patently unreasonable. 'The arbitrator properly recognized that the amount of time that might be considered reasonable in any given case would necessarily reflect the particular circumstances,' Tucker stated in the ruling. The case stemmed from Bhangal evicting Louis and Mary DeSousa, who had been renting the upper portion of the Coquitlam home for $3,000 a month. On Dec. 31, 2021, Bhangal served the DeSousas with notice to end the tenancy, stating he intended to use the property so close family members can move in. They agreed to vacate the property by April 30, 2022. But after the DeSousas moved out, Bhangal did not immediately take occupancy. He testified that he waited to move in until mid-July – nearly 75 days later – because he wanted to replace the carpets first. He claimed the work was delayed due to construction material shortages and pandemic-related disruptions, and said he completed the work himself while also managing other business responsibilities. The DeSousas filed a complaint with the RTB, arguing that the delay in occupancy violated the Residential Tenancy Act, which requires landlords to move in 'within a reasonable period' and stay at least six months. In a September 2023 decision, the arbitrator agreed with the tenants and ordered Bhangal to pay $36,100 – equal to 12 months' rents plus their filing fee. The arbitrator found Bhangal's two-and-a-half-month delay to be unreasonably long and rejected his explanations as too vague. Guidelines cited in the rulings state that a reasonable move-in period is usually around 15 days, though slight extensions may be reasonable in specific cases, such as full carpet replacement. However, the arbitrator ruled that Bhangal failed to show the delay was justified. At the Supreme Court hearing, Bhangal argued the arbitrator failed to apply a proper legal test and ignored his evidence about pandemic complications and his personal circumstances. Justice Tucker disagreed, noting the arbitrator cited the applicable policy guideline, acknowledged the context, and concluded Bhangal's evidence – including his claims about doing the work himself and managing other business ventures – was vague and insufficient. Tucker also rejected the argument that the arbitrator ignored key evidence. While the landlord claimed his testimony was overlooked, the judge noted the arbitrator had explicitly referred to his comments about pandemic delays, and that no further specific or credible details had been provided. 'I am satisfied that (the arbitrator') finding . . . is properly understood as a comment on all of the testimony proffered by the landlord,' Tucker determined. 'Just as the landlord failed to explain how and why the pandemic posed any particular difficulties, he did not, for example, explain why he did the replacement himself or how he was prioritizing his time.' Tucker dismissed the petition for a judicial review. The RTB order remains in force. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
Irish Independent
4 days ago
- Business
- Irish Independent
MMA promoter Albert Jarzebak is fined €11,800 for his failure to comply with RPZ rules in Galway
Albert Jarzebak (52), who is from Poland, owns multiple apartments in an estate in Galway city centre. He is also director of MMA fight night promotions company Celtic Gladiator. The Residential Tenancies Board (RTB) took action against him in relation to four properties in Fionnuisce, Doughiska. He received four separate fines of €4,400, €3,800, €2,000 and €1,600 and was also issued with a written caution. In 2013, the former boxer bought the half-built apartment complex in Doughiska, which was part of the sell-off of a book of Lloyds Bank's Irish assets. The previous developer, Harrmack Developments, had been granted planning permission for 60 apartments, but the site was abandoned in 2008 as a result of the financial crash. Mr Jarzebak subsequently bought the unfinished apartments. His company, Doughuisce Developments Ltd, applied for the retention, completion and omissions of 44 partially constructed apartments. Galway City Council granted permission. However, one of the conditions was that Mr Jarzebak would have to pay €617,000 towards public services. According to the Land Registry, in 2018 a judgment mortgage was registered against the four apartments subject to the RPZ breaches. He was previously ordered to pay damages for unlawfully terminating a tenancy The judgment was granted in favour of Igor Mardari, of Carraig Linn, Loughrea, Co Galway, in January 2018 following a High Court case. It was cancelled nine months later, which means it was satisfied. When contacted about the RTB fines, Mr Jarzebak said he did not wish to comment. He was previously ordered to pay damages by the RTB for unlawfully terminating a tenancy. In 2019, Monika Zalewska, who had been renting apartment 138 in Fionnuisce, was awarded €4,500. She had also argued that her deposit had been unfairly withheld. The RTB determined that it was 'not unlawfully withheld'. In another case, two eviction notices served by Mr Jarzebak on a tenant renting an apartment in Fionnuisce were found to be invalid. In 2020, he applied for planning permission for the relocation of 26 car park spaces to the site of Fionnuisce. It is investigating persistently high rents in Co Galway following 'unusual trends Permission had previously been granted for the spaces at a location outside the site. Galway City Council refused, and an appeal was lodged to An Bord Pleanála. The board also refused, stating that the area is a communal space. 'The proposed development would result in a significant reduction in quantum, quality and functionality of amenity space, which would be detrimental to the residential amenity of existing and future residents,' An Bord Pleanála said. Mr Jarzebak was one of seven Galway landlords who were recently sanctioned by the RTB for failing to comply with RPZ requirements. It indicated that it is investigating persistently high rents in Co Galway following 'unusual' trends. Galway has experienced eight consecutive quarters of significant growth in rent prices for new tenancies. The RTB said 958 tenancies in Galway had been included in a national RPZ compliance campaign launched last year. To date, 77 tenancies have been put forward for formal investigation and sanction.
Irish Examiner
02-06-2025
- Business
- Irish Examiner
Residential Tenancies Board's new ICT system €5.2m over budget
A new ICT system for the Residential Tenancies Board (RTB) ran €5.2m over budget and was delivered 29 months late, without all planned functions. The online tenancy registration system was initially budgeted at €3.3m, and came into use in November 2021, but it reached an overall cost of €8.5m, bringing it over budget by 157%. After the RTB360 system went live, the RTB noted in its annual report that the cost had reached €7.3m but stated that "no further costs are expected for this phase". However, the commencement of annual tenancy registration in April 2022 saw "significant performance failures" arise for users and further development was required through 2023, with the operation issues resolved towards the end of the year. Initially, the associated costs for the further development work was estimated at just over €1.1m. Temporary pause As a result of these system failures, a temporary pause in the automatic charging of late fees was introduced in November 2022 and remained in place until March 1, 2024. During 2023, the RTB refunded €1.67m in late fees, while the data on fees refunded in 2024 has not been published. In the 2023 annual report, it is also noted that the original scope for the system included system requirements for handling disputes and enforcement, which were not included. The RTB has since "adopted a new approach" to deliver a dispute-resolution system using the ServiceNow platform, with a pilot beginning testing last month. The first phase of this new system will be delivered within one year and has cost less than €1m to date, according to an RTB spokesperson. In light of the drastic cost overrun and delay in delivery, the RTB board commissioned an independent external review of the RTB360 project. A spokesperson told the Irish Examiner that it had "received legal advice that currently prevents us from sharing this report" but said recommendations from the review have been implemented. Rory Hearne questioned whether State agencies require more support for ICT projects. Picture: PA Social Democrats TD Rory Hearne submitted a parliamentary question to housing minister James Browne regarding RTB360 but was told the minister has "no official responsibility to Dáil Éireann for this matter". As the RTB is a State body, Mr Hearne said Mr Browne should be taking responsibility to respond, just as other ministers must when it comes to State agencies being held accountable. The issues raised by RTB360 and other ICT projects which have resulted in significant overspend beg the question as to whether State agencies require more support and resources when such projects are being undertaken, Mr Hearne added. Read More 50th anniversary of Seamus Heaney's landmark collection on Troubles to be marked
Sunday World
30-05-2025
- Business
- Sunday World
Election candidate owes thousands to young mum he charged extra to rent his property
Mother of three Kirsty Fitzsimons says she was told to fork out extra for a 'top-up' to the agreed rent costs from Dermot McGuckin. Names to be blurred out on Fitzsimons rent extorsion talking to Alan Sherry in Mullingar Gary Ashe,21/5/2025 Dermot McGuckin says the RTB hearing went ahead without his knowledge An election candidate and landlord who called for more social and affordable housing for struggling families has refused to pay thousands he owes to a young mother after the Residential Tenancies Board (RTB) found he had illegally withheld her deposit. Dermot (Diarmuid) McGuckin (58), who is originally from Dublin but living in Fossa, Co Kerry, was ordered by the RTB to pay €3,280 to Kirsty Fitzsimons for illegally withholding her deposit for a property he rents out in Tallaght, Dublin. As well as running as an Independent candidate in the local elections in Killarney, McGuckin has set up firms in diverse industries, including home care for the elderly, tourism, cleaning services and communications. He is also a taxi driver and was elected chair of the Irish Taxi Federation in Killarney. McGuckin further describes himself as a public relations consultant, and a number of years ago set up The Bellarose Foundation, which he said provided cleaning and care services to women going through chemotherapy. Kirsty Fitzsimons with documentation for the RTB He also organised a Great Santa Cycle in Killarney to raise funds for what he called the Bellarose Youth Development Fund. As well as not returning his tenant's deposit, McGuckin was also getting Kirsty to secretly pay an additional €830 per month on top of the €1,950 lease agreement. Kirsty said: 'When we contacted him about renting it, he said, 'I have someone else who is highly interested and it is between you and them. They have offered x, y and z above the lease, what can you offer'? 'I have never seen anything like it – and I've been renting since 2017,' she said. Kirsty said she felt like she had no option but to pay the extra to secure the rental property which is in Forest Lawns in Kingswood. News in 90 Seconds - May 30th 'I had three children and was desperate for a house for the kids and there was no alternative. He had €1,950 down as the lease agreement but was actually charging €2,780. 'When I told the HAP [Housing Assistance Payment scheme] about this they said to stop paying him extra rent. After that, he was contacting me at all times about the top-up. He was actually the most difficult landlord I ever dealt with in my life.' When McGuckin ran in the local elections in Kerry he claimed one of his main concerns was 'more social and affordable housing' for struggling families. Kirsty said her experience with him was 'completely different'. Kirsty Fitzsimons tells our reporter her story 'He said he was for families and all that. If he was, he wouldn't be charging outrageous amounts of rent for young families. I think it was ridiculous. All he cared about was the money. 'I'm waiting for the deposit nearly two years. I think he thought I'm young so he'd be able to take advantage.' In the end, Kirsty only stayed in the house for six months before leaving, but when she did leave in July 2023, McGuckin refused to give her the €2,780 security deposit back. McGuckin has owed the money to the young mother-of-three for almost two years but had point blank refused to give it back, didn't bother turning up to the RTB hearing and has not responded to Ms Fitzsimons' calls and messages since. Things were even more stressful for Kirsty after she received bad health news recently. 'I was going through all this with the RTB and him, and then I found out I had a BRCA1 gene for breast and ovarian cancer. I have to get a double mastectomy and an ovariectomy.' The RTB ordered McGuckin to pay the €2,780 deposit and an additional €500 in compensation. However, when contacted by the Sunday World, McGuckin claimed that he wasn't even aware there had been an RTB case against him. 'To have a court case [RTB hearing] without me being there is very f**king harsh. But I don't know, I'd have to see what notes I have on it and bring them up. 'To go ahead and have a hearing without me having any input whatsoever, surely there's a law against that?' Kirsty is now facing the prospect of surgery A spokesperson for the RTB confirmed there is indeed a law against that and rubbished McGuckin's claims that they would schedule the hearing without informing all parties. 'By law, we must give notice of a dispute hearing. We will only schedule a case for a hearing when we have contact details for all parties,' they said. The spokesperson said the RTB contacts all parties to confirm contact details before sending them hearing notices. As well as claiming he was unaware of the RTB case, McGuckin tried to justify not giving back the deposit and made a series of claims which Kirsty said were outright lies. 'There was a lot of reasons why she didn't get it back at the time,' McGuckin claimed. Asked what they were, he said: 'Damage to the property and there was some stuff gone from the property that was there when she moved in.' Asked for examples of either damage or missing items, he couldn't provide even a single one. 'Ah now, I have a list there I'd have to go through. As I said, this is the first I've heard about this,' he said. Kirsty said McGuckin was lying about damage to the property and any missing items. 'It's complete and utter nonsense. I can't believe he said there were things missing. I've never been accused of stealing before. He can't tell you what was missing because there was nothing missing.' She said every other landlord she has dealt with, including estate agents, have always given her glowing references. McGuckin also claimed he hadn't heard from Kirsty since she left in July 2023. 'I'm at a loss of what to tell you. I haven't heard from her since she left. I think once maybe she got in contact after she left.' However, Kirsty said that was another lie and she has contacted him numerous times since by phone and by email, but he has ignored all communication. Asked if he was willing to give her back her deposit now, McGuckin said: 'I'd have to look in to that. I know it was withheld for a reason and probably multiple reasons, I wouldn't be holding onto anything you know... if everything was OK, there'd be no issue.' Kristy said she was insulted that McGuckin would try to say she was at fault for not getting her deposit back. 'I wouldn't have gone to the RTB if what he was saying was true and wouldn't be doing an interview about it. He didn't inspect the house before we moved in. He got the previous tenant to leave a key under the mat. He also didn't inspect it when we moved out. He had no bill for any supposed damage he claimed was caused, he can't name a single thing missing,' she said. When the Sunday World asked McGuckin why he was looking for an additional €830 in payments on top of the €1,950 lease, he initially said: 'Em, no, whatever was on the lease agreement would have been what was charged.' However, when we pointed out Kirsty had messages showing he was in fact demanding €2,780, he said: 'I can't remember off-hand. I mean you're after getting me completely off hand on this one.' Landlords can legitimately ask for payments on top of HAP payments if the HAP payments don't meet the rent amount, but cannot ever ask for payments on top of what is stated on the lease. The property was also in a rent pressure zone with strict limits on how much rent could be increased by from one year to the next.
