Oireachtas Joint and Select Committees

Thursday, 12 May 2022

Joint Oireachtas Committee on Health

New National Maternity Hospital: Discussion (Resumed)

Mr. Simon McGarr:

In general terms, a landlord interest - a freehold interest in land - is an interest. It can be charged. A tenant's interest in land can also be charged as well. It is not correct to say that no landlord's freehold interest can be subject to a mortgage. That is not the case.

The terms of the lease, as it is eventually agreed, will include clauses that deal with under what terms can a mortgage be placed upon it and under what circumstances could such a thing happen. If the Senator comes back to me in three minutes, I will tell her which term it is because I have to land on it in the lease. However, it is addressed always, within the landlord and the tenant, as part of the lease agreement.

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