Dáil Éireann Debate, Thursday - 17 May 2018
264. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government if receivers are bound by the Tyrrellstown Amendment; and if he will make a statement on the matter. [21784/18]
Amharc ar fhreagraSections 38 to 40 of the Planning and Development (Housing) and Residential Tenancies Act 2016 amend the Residential Tenancies Act 2004 to provide, inter alia, that, where a landlord proposes to sell 10 or more units within a single development at the same time (i.e. defined as within a 6-month period), the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances. The Residential Tenancies Act 2004 defines a landlord as the person for the time being entitled to receive (otherwise than as agent for another person) the rent paid in respect of a dwelling by the tenant thereof.
The appointment of a receiver to a dwelling can cause confusion and distress to tenants and, in circumstances where a receiver is appointed to a rented dwelling, it is essential that the rights of tenants are protected. Under Action 5 of the Strategy for the Rental Sector, my Department has established a working group with the participation of the Departments of Justice and Equality; Finance; and Business, Enterprise & Innovation, to examine the scope for amending legislation to provide for greater protection of tenants’ rights during the receivership process.
The objective is to protect the rights of tenants during the receivership process by ensuring that persons appointed as receivers will be required to fulfil the obligations of a landlord. To inform its work, the Working Group has sought legal opinion on the feasibility of amending legislation to provide greater protection of tenants’ rights during the receivership process. I understand that the Working Group expects to finalise its report shortly, and I will consider its analysis and findings in identifying the appropriate next steps.
