Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I move amendment No. 10:

10. In page 10, between lines 17 and 18, to insert the following:“Amendment of Land and Conveyancing Law Reform Act 2013

9. The Land and Conveyancing Law Reform Act 2013 is amended by the insertion, after section 4, of the following:

“Protection of tenants on repossessed land

4A. (1) Where a mortgagee goes into possession of land of a mortgagor, or appoints a receiver to land pursuant to its rights as mortgagee, whether under statute or contract, then the said mortgagee or receiver, notwithstanding the provision of any other statute, shall be precluded from exercising any right, howsoever arising, to terminate any tenancy on that land that may then exist in favour of a third party, for a period of twelve months from the date of the appointment of the receiver or the mortgagee going into possession, or the expiry of any other statutory or contractual rights which arise in favour of the tenant, whichever is later.

(2) Subsection (1) shall not apply where—

(a) the tenancy was created in breach of any subsisting right of the mortgagee, save where an equity arises in favour of the tenant out of any act or omission on the part of the mortgagee or receiver which serves to cure such breach, or

(b) the tenant is in material breach of his contract of tenancy.”.”.

In light of the fact that sections Nos. 1 to 3, inclusive, have fallen it is not necessary to proceed with this amendment.