Oireachtas Joint and Select Committees

Tuesday, 13 December 2016

Select Committee on Housing, Planning, Community and Local Government

Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed)

2:10 pm

Photo of Gino KennyGino Kenny (Dublin Mid West, People Before Profit Alliance) | Oireachtas source

I move amendment No. 153:

In page 35, between lines 13 and 14, to insert the following:“29. (1) Section 34(b) of the Act of 2004 is repealed.
(2) The Act of 2004 is amended by inserting the following sections after section 34:
“Restriction on termination of tenancies of buy-to-let dwellings

34A. (1) A Part 4 tenancy may not be terminated by the landlord on the ground specified in paragraph 3 of the Table to section 34 where the property to which the tenancy agreement relates is the subject of an existing investment mortgage.
(2) Subsection (1) applies to all tenancies, including a tenancy created before the coming into operation of this section.

(3) In this section, ‘investment mortgage’ means a mortgage which has been taken out as security in respect of a residential property that was not at the time of its purchase intended to serve as the principal private residence of the mortgagee, and is subsequently the subject of a tenancy agreement.
34B. (1) A Part 4 tenancy may not be terminated by the landlord on the grounds specified in paragraphs 3, 4, 5 and 6 of the Table to section 34 in areas designated by Ministerial order and for a period specified by Ministerial order to regulate the exercise of private property rights by the principles of social justice and to reconcile the exercise of those rights with the exigencies of the common good in order to prevent homelessness and economic evictions.”.”.

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