I wish to re-affirm that a tenant can refer a dispute to the RTB as to the validity of a notice of termination. A tenant, or the RTB itself, can also instigate an RTB investigation into possible improper conduct by a landlord, including in respect of a contravention of tenancy termination procedures, and impose a sanction of up to €30,000, if warranted.
Section 35A of the Residential Tenancies Acts (known as the ‘Tyrrelstown amendment’) provides that where a landlord proposes to sell 10 or more units within a single development at the same time, that sale is subject to the existing tenants remaining in situ, other than in exceptional circumstances. The ‘Tyrrelstown amendment’ was carefully drafted to promote security of tenure in the interest of the common social good.
The provision strikes a balance, between a landlord’s right to sell their property and achieve fair return on their investment, and a tenant’s right to security of tenure. The commercial reality is that there is generally a lower market value for a property sold with tenants in situ.
Any proposal to remove the landlord’s right to terminate a tenancy in the case of every rental property being sold would carry with it a risk of a constitutional challenge.
Furthermore, in May 2021 the Government introduced a series of measures designed to prohibit the bulk buying of houses and duplexes. This included the Section 28 Guidelines for Planning Authorities “Regulation of Commercial Institutional Investment in Housing” to planning authorities which aimed to prevent multiple units being sold to a single buyer. In addition a 10% stamp duty levy was introduced for the cumulative purchase of 10 or more residential houses in a 12 month period.
