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

Mr. Zak Murtagh:

The questions are getting more difficult. From our perspective, the slip rule is a catch-all that operates at the RTB's level. A casual omission or harmless error, for example, concerning notices to quit, can effectively be cured on the understanding by an adjudicator or at tribunal level in the RTB that there was no malice behind the mistake in the notice to quit and it was simply an omission when trying to comply with the formalities. The formalities around notices to quit and statutory declarations are not particularly onerous. We do not see why, at this stage, there need to be added complications around the slip rule. We also have a particular problem in respect of its expansion regarding statutory declarations. Across the legal landscape, statutory declarations are there for a reason and strict adherence to the rules with them is also there for a reason. Our understanding of this proposed new legislation is that prima faciecareless omissions could be more than that in certain instances. We do not want the slip to be used to cure those.

I thank Ms O'Reilly for the prompt. The issue of transfer was addressed in a number of the opening statements. We have particular concern about this. There are 27 proposed heads in this legislation, of which 25 seem to be more procedural in nature and only two pertain directly to the right to purchase. It is almost as though this legislation should be called something else. We find it worrying on the point about transfer in particular. We do not want a much-needed development allowing tenants a first right to purchase their homes to be undermined or thwarted, if you like, by inter-familial transfers and inter-transfers within larger institutional groups of landlords. It is a point of particular concern to us. The legislation states it is trying to create a bona fide right of first purchase for tenants, yet we ask if it takes away from that by easing the situations in which properties can be transferred within families of landlords or large groups of landlords.