Oireachtas Joint and Select Committees

Tuesday, 12 June 2018

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Residential Tenancies (Amendment) Bill 2018: Residential Tenancies Board

12:30 pm

Ms Rosalind Carroll:

Absolutely.

In dealing with what change might be warranted and so on, we would welcome any clarity that would be provided in the legislation around this. We would urge, however, one point of caution, which is to ensure that there is some kind of definition of student accommodation and what a student is underneath that in order that if we are going to give these landlords, which is right, an exemption from Part 4 rights, that is, the security of tenure one gets after six months for five and a half years, then we need to make sure that it is not abused. To do that, we need to make sure that consideration is given fully to defining what a student accommodation is. Otherwise we could have cases of people trying to say something is student accommodation in order to ensure somebody does not get security of tenure. It is essential that thought and time are put into that element of it. Those are the sorts of discussions we would have had with the Department to date on that particular issue.

On buy-to-let mortgages, we would have some questions on the legal basis of us trying to identify what is a buy-to-let mortgage. I might bring in Ms Ward on this because we have a history, even in terms of the receivership side, of having difficulties around the conveyancing laws and of us being able to understand what is within our remit and what is not. Perhaps Ms Ward might respond.

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