The Department of Housing is providing data to the Attorney General about the potential impact of a temporary ban on evictions during the winter period.
Sources say the discussions about the issue are at "extremely early stages" and the Government has not yet agreed to proceed with the measure.
The Cabinet previously introduced a temporary ban during the Covid-19 pandemic when there were restrictions on travel.
However, there are concerns that any new block could run foul of the rights in the Constitution regarding property ownership.
The discussions are exploring whether the lack of availability of accommodation and the cost-of-living crisis could justify a ban.
Ministers are also worried about the effect of a ban at a time that large numbers of landlords have quit the market.
Any measures would be introduced by Christmas if they proceed and would require legislation to be approved by the Oireachtas.
A spokesperson for Minister for Housing Darragh O'Brien (above) said the minister "is consulting with the Attorney General on the matter but is conscious that in considering any such measure we need to carefully assess whether restricting property rights would be the subject of a legal challenge, would lead to more ordinary landlords leaving the system and would deter continued investment in the rental accommodation market".
Earlier today, Paul McAuliffe, Fianna Fáil TD and Oireachtas Housing Committee member, said he does not believe the coalition is split on a winter eviction ban and he is in favour of a moratorium on the notice to quit.
Speaking on RTÉ's Today with Claire Byrne, Mr McAuliffe said it is evident that there are landlords leaving the market and over the winter period it will have a significant impact on people trying to find accommodation.
"So I proposed an emergency basis, and on a short-term basis being proportionate and knowing the restrictions in the Constitution, that we would have a ban on evictions in those circumstances where notice is to quit."
He said some measures to retain landlords in the market would be useful and "proportionate".
He said there is a need to work more closely with landlords, particularly in how the Residential Tenancies Board operates, with "massive reform required".
He also highlighted the need to protect tenants.
"We are in a wartime scenario," he said, referring to energy costs and other price rises.
"I believe it is proportionate to introduce moratorium for those notices to quit."
However, the chief executive of the Institute of Professional Auctioneers and Valuers has said that an eviction ban this winter is "not a good idea" and is "not going to work".
Speaking on the same programme, Pat Davitt said that nobody wants to see evictions.
"It's a serious issue for a tenant. It's a very serious issue for a landlord because it means they're going to be out of pocket as well. And landlords surely have rights as well, and not alone have they rights, but they have mortgages, they've got bills to pay as well, very serious stuff."
He said that "we don't need a ban here because we need to make sure that there is a solution for the landlord as well as the rules for the tenant".
