Dáil Éireann Debate, Tuesday - 17 November 2015
570. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the procedures in place to protect tenants in private rented accommodation whose homes have been taken over by receivers; if there is a statutory period of notice to be provided to such tenants in the event of the receiver deciding to sell the property; and if he will make a statement on the matter. [40428/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants relating to, inter alia, security of tenure and the termination of tenancies. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
In circumstances where a receiver is appointed to a landlord's interest in a dwelling it is essential that the rights of tenants are protected. While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the policies and procedures of banks in appointing receivers cannot affect the statutory or contractual rights of tenants. The tenant continues to enjoy the same security of tenure. The appointment of a receiver does not mean that a tenant loses their rights under the Residential Tenancies Act 2004.
The Act sets out the procedures and notice periods that must be complied with when terminating a tenancy. Notice periods for the termination of a tenancy by the landlord vary depending on the duration of the tenancy but periods of up to 112 days are provided for under the Act. The Residential Tenancies (Amendment) (No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, to extend these notice periods further for tenancies in excess of 4 years. Where there is a dispute regarding the appropriate period of notice to be given in respect of a tenancy or the validity of a notice of termination, or where the tenant does not comply with the notice of termination, the dispute may be referred to the Private Residential Tenancies Board for resolution.
The PRTB is aware of the impact on tenants of receivership and repossession proceedings. The Board is engaging with the Central Bank and the financial institutions with a view to developing best practice guidelines to apply in such situations. The main purpose of the guidelines would be to ensure that the financial institutions are fully aware of the provisions of the Residential Tenancies Act and to ensure that there is consistency and fairness in the treatment of tenants in these cases.
