Oireachtas Joint and Select Committees

Tuesday, 5 December 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

To continue that thread, my reading of the Bill is the same as that of Senator Cummins but I do think subhead 3 is very unclear, so it would be helpful to get clarity from the Department when its representatives appear before the committee later in the week. As I said, I read the provision in the same way Senator Cummins does.

I am not asking whether the following aspect is good or bad; it is just for clarity. The Bill does not seem to make any provision for a landlord who wants to sell vacant. If there is a six-month eviction notice, for example, with a 90-day period and the ability of the tenant to make an offer, during that period the landlord can put the property on the open market. If they get a higher bid, they will sell to that person, but if it is the same as or lower than the tenant's original bid, they will sell to the tenant. I am not seeing anything in the general scheme with regard to making provision for where a landlord wants to sell the property vacant. I am not arguing that should be there but it is an important point of clarity. The entire presumption from subhead 3 is that it is all happening within and up to the 90 days. Does anybody see anything other than that in the Bill?

I do not want to keep going back to the slip rule, but it would be valuable for the witnesses' organisations, as advocates both for tenants and for landlords who understand the finer detail of this, to tell us about the typical kinds of errors or mistakes they see. I share Threshold's concern in that it is one thing to make a genuine error in a notice letter, but an affidavit is a document of legal standing. What kind of mistakes in affidavits are we talking about? That issue is of a different order. If there are specific examples, I would like to hear them.

I am keen to hear about the Zalewski Supreme Court judgment because it is a significant part of the Bill. I think I understand it but I encourage our guests, if they have a view on that section, to share their thoughts on it.

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