Political row opens over constitutionality of general rent freeze

Fianna Fáil, which is anticipating major gains in next month’s election, has ditched its commitment to a general rent freeze after receiving legal advice on the matter.

In advice which was published by the party yesterday, barrister Darren Lehane said a general rent freeze would “restrict the property rights of the owners of rental properties”.

He added: “The measure would clearly be disproportionate. It could not be justified by either the common good or the exigencies of social justice, particularly in the context of existing legislation governing rent pressure zones and the protections afforded therein.”

However, rival parties Sinn Féin and Labour have insisted that a general rent freeze for a fixed period of time, such as three years, would survive a legal challenge.

Labour’s housing spokesperson Jan O’Sullivan said the party had received advice that a rent freeze “would be unconstitutional if it was indefinite and if it was over a long period of time”.

Ms O’Sullivan added: “You can only put rent up once a year and basically we would be extending that to three years. We are absolutely certain this there is not a legal problem doing this.”

Sinn Féin housing spokesperson Eoin Ó Broin introduced a private member’s bill to the Dáil last month which would have provided for a three-year rent freeze and new tax relief for tenants to run alongside it.