In the wake of record homelessness in Ireland, the European Commission has called for Ireland to bring back the eviction ban. Nothing meaningful came from the ban in the past – it only added to a host of other problems. Now, despite its poor track record, having failed to stem rising levels of homelessness throughout October 2022 to March 2023, Brussels is pushing for its return. With homelessness levels reaching new highs, the dreaded eviction ban looms, intensifying the situation as landlords scramble for the exits.
The surge in the number of people homeless in Ireland, up from 8,000 in May of 2021 to more than 14,000 in May of 2024, demands a resolution. Ireland’s 2024 ‘country report,’ published by the European Commission, recommended a ban on evictions to address the problem. Governments and bureaucrats are too quick to resort to red tape and housing policy in Ireland is no exception.
The eviction ban is a product of the Irish government signing the Lisbon Declaration on the European Platform on Combating Homelessness, whose stated purpose is to end homelessness by 2030. A worthy goal. The Irish government, though, is failing miserably at upholding its end of the bargain.
While the Lisbon declaration has positive intentions, like almost all government policies, it charts a flawed and dangerous path to get there. Signatories committed to prevent evictions whenever possible, hence the eviction ban.
Under the Eviction Ban Act, a landlord cannot serve a termination notice immediately to a tenant, even if they fail to comply with their rental agreement. The two most common reasons a landlord would want to serve a notice of termination are if the landlord wants to sell their property or if a family member of the landlord intends on moving into the property.
Tough luck to the landlord who wishes to sell their own property, as the government enters the frame, nullifies the initial agreement, and rewrites the rules to entitle the tenant to a prolonged occupation. Apart from the transgression by the government against the landlord’s rights, there are other consequences which transpire from such blatant overreach where the government undermines a fixed-term contract entered into by two consenting parties.
The number of private tenancies registered in 2023 decreased by more than 22,000 over the year, marking a whopping 30% decline since the peak in 2016. The eviction ban is a threat to landlords, a wildcard held by the government, which would discourage new private property owners from entering into the market. The private tenancy market is already dwindling and in no position to survive a renewed exodus of landlords thanks to a revived eviction ban.
There should be no surprise that with such a fall in private tenancy supply comes a significant increase in average rents for newly-registered tenancies, which have increased by 25.7% nationally over just three years, from 2020 to 2023. Given this trend, the homelessness crisis should only come as a surprise to those unfamiliar with the laws of supply and demand.
The eviction ban served as a temporary mask to hide the homelessness problem from the government’s sights. But the government fooled itself. Once the eviction ban was lifted, the lid popped off the container and a host of tenants were kicked out to be dealt with anew.
The reckless policy caused damage to the credibility of contracts, the rights of landlords, and the incentives of property owners. Homelessness will not and cannot be solved by more regulation of housing which targets property providers.
With each missed chance to address this problem, more tenants will find themselves in arrears, waiting to be swept out onto the streets. Life must be brought back to a strangled tenancy market beginning with the easement of regulations and reliable adherence to property rights. Such action will make for more attractive prospects and would allow tenants and landlords alike some much-needed breathing room.
Patrick Branagan is an Irish writer on philosophy, politics, and economics, currently based in Prague. He is also a fellow with Young Voices Europe.