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. Maurice Deverell:
We only got the proposed legislation on Thursday, but my understanding is that the tenant will have the 90-day notice, offers will go in and so on, but when it comes to 158 days, 224 days, they should get vacant possession. One of the problems we have with a lot of our members relates to overholding. Overholding is illegal but there is nothing in the legislation, even though it could easily be adapted into it, to enforce its illegality. Even if we do not want to go as far as enforcing that illegality, why not bring in something like the German system whereby, when you overhold, you would have to pay the rent directly into the RTB? We think that is a fair idea. The tenant could pay rent directly to the RTB, let it go to tribunal because everyone knows it is going to take weeks or months but, at least, at the end of the day, in a year's time or whenever the thing is finished, the RTB will have a couple of bob to give to the person to whom it is due. That is where we would like to see overholding addressed.