Oireachtas Joint and Select Committees

Thursday, 11 April 2019

Select Committee on Housing, Planning and Local Government

Residential Tenancies (Amendment) (No. 2) Bill 2018: Committee Stage

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I move amendment No. 13:

In page 6, between lines 2 and 3, to insert the following: “Amendment of section 5 of Act of 2004
3. Section 5 of the Act of 2004 is amended in subsection (1):
(a) by the substitution of the following definition, for the definition of “landlord”—

“ ‘landlord’ means the person for the time being entitled to receive (otherwise than as agent for another person, excepting where that person is acting as receiver) the rent paid in respect of a dwelling by the tenant thereof and, where the context so admits, includes a person who has ceased to be so entitled by reason of the termination of the tenancy. For the avoidance of doubt, ‘landlord’ also means any lender, financial institution, equity fund or investment fund that taken possession of a dwelling that is the subject of an existing tenancy but where no receiver has been appointed;”,

(b) by the substitution of the following definition, for the definition of “tenancy”—

“ ‘tenancy’ includes a periodic tenancy, a tenancy for a fixed term, a periodic licence to reside in student specific accommodation, or a licence to reside for a fixed term in student specific accommodation, whether oral or in writing or implied, and, where the context so admits, includes a sub-tenancy and a tenancy, sub-tenancy or licence that has been terminated;”,

and

(c) by the substitution of the following definition, for the definition of “tenant”—

“ ‘tenant’ means the person for the time being entitled to the occupation of a dwelling under a tenancy or licence to reside at student specific accommodation and, where the context so admits, includes a person who has ceased to be entitled to that occupation by reason of the termination of his or her tenancy or licence.”.”.

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