Fine Gael challenged to implement pledge on upward-only rent reviews

Seanad Fianna Fáil leader Darragh O'Brien challenged Fine Gael to implement its general election promise to end upward-only rent reviews.

Mr O’Brien welcomed the passing on Wednesday of Independent Senator Feargal Quinn’s Private Members’ Bill to allow for market level rents. The measure, known as the Upward Only (Clauses and Reviews) Bill 2013, will be considered by the Dáil.

“I hope that Fine Gael, in particular, will see through the commitment in its party manifesto, prior to the 2011 election, which said the party would pass legislation go give all tenants the right to have their commercial rents reviewed, irrespective of upward-only or other review clauses,’’ said Mr O’Brien.

"I know that manifesto promises do not really mean anything, but this is an opportunity for Fine Gael to make good on its promise on this issue.''

Excellent job
Mr O'Brien said Mr Quinn had done an excellent job on the Bill and Fianna Fáil was happy to support him.

The measure was passed, he added, "with the tacit assistance of the provisional Labour Party grouping of the three missing-in-action Senators''.

Independent Seán D Barrett also welcomed the Bill’s passage, adding that the legal advice from the Attorney General was strange.

“It suggests that one form of property right, namely rent, enjoys constitutional protection, while all other forms of income do not.’’

Fine Gael's Paul Coghlan accused Mr O'Brien of speaking "slightly tongue in cheek'', adding that there was a flaw in Mr Quinn's Bill and the Government had wisely taken on board the Attorney General's wise counsel.

Market conditions
"That said, and let us not argue, there is nothing preventing landlords and tenants taking into account market conditions," he said.

“As a practising valuer I have seen it happen, and have engaged in it, and I have seen rents held and rents move downward,’’ said Mr Coghlan.

He said that in the economic conditions over the past few years, commercial landlords were quite wise to try to hold on to tenants, as they did successfully in many cases.

Legal interpretation
"This is a matter of the legal interpretation of a constitutional issue, so let us park it," he said. "The other House can deal with it now.''

Independent David Norris said the Bill's passage was a superb day for the Seanad and a triumph for Mr Quinn.

“If anything vindicated its right and its importance to democracy and political life in this country, yesterday was it.’’