Dáil Éireann Debate, Tuesday - 25 June 2024
152. Deputy Fergus O'Dowd asked the Minister for Enterprise, Trade and Employment if a query regarding the rent freeze during Covid will be examined (details supplied); and if he will make a statement on the matter. [26949/24]
Amharc ar fhreagraThe issue of commercial rents is a contractual matter for the parties involved. In October 2020, my Department published a Code of Conduct between Landlords and Tenants for Commercial Rents as a voluntary framework to facilitate discussions between landlords and tenants impacted by COVID-19. It sets out a structured approach for engagement between both commercial landlords and tenants, based on their mutual interest in continuing to work together. While the Code has since expired, it still provides a good framework for discussion between both parties and is available on my Department’s website. Apart from the Code, during the COVID-19 pandemic, the Government put in place a comprehensive package to help businesses and workers, including the Employment Wage Subsidy Scheme (EWSS), the Pandemic Unemployment Payment (PUP), the COVID-19 Restrictions Support Scheme (CRSS), low-cost loans, the deferral and warehousing of tax liabilities and the waiver of commercial rates. These supports, in particular the CRSS, acknowledged that affected businesses needed time and space to restructure and resume activity, without the added pressures of trying to repay legacy debts, such as commercial rents, when revenues are just beginning to return.The matter of legal protections for businesses who are unable to pay their commercial rents was raised with the Attorney General in 2020. In the response received, the Attorney General advised that there are significant legal difficulties in respect to both a moratorium on evictions and on payment of commercial rents. The difficulties stem from a variety of legal bases including statutory, constitutional, contract and common law. The Attorney General also noted the existing arrangements that are already in place in the commercial lease agreements to deal with disputes (alternative dispute resolution mechanisms) should this be required.Commercial leases, and any breaches of same, are dealt with under the Land and Conveyancing Law Reform Act, 2009 and the Landlord and Tenancy (Amendment) Act, 1994, which are both under the remit of the Department of Justice.
