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 Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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We can all learn from the process. Normally, we would have the Department in before external witnesses. Perhaps if that had happened, we could have clarified some of the issues that have been raised and the witnesses might have had the opportunity to see the Department's proposals in a fleshed out form. That is obviously something for us to consider. I accept that timing and lack of information is less than ideal and is probably not satisfactory. That being said, I think the witnesses have added to the debate on this Bill from different perspectives. They have raised a number of significant things which we can now bring to the discussion with the Department. I thank them for that.

I want to touch on a point raised by the IPOA. I can fully appreciate the additional burdens which the increased rights we have granted to tenants have laid at the door of landlords, because they do not lay at anyone else's door but, ultimately, the door of landlords. In 2020, we were probably an outlier in the European context with the rights that were provided to tenants. The additional rights which have been granted to tenants over the past three years bring us more in line with that European context. We regulate many different industries in many different ways. What we have done over recent years is positive in the long run, although it is no doubt an additional burden on landlords. Senator Moynihan asked if that is an acceptable burden. I would say all the measures we have brought in so far are acceptable.

I do not expect my colleagues on the left to herald the benefits we have brought in, but they have been significant. We have capped rents and deposits to be below the rate of inflation. We have increased notice periods. We have limited opportunities and grounds on which a notice can be given. On a number of occasions, we prevented eviction on public health grounds, but equally last year, when we decided to lift the eviction notice, we put in place a number of steps for tenants, namely, the cost-rental tenant in situscheme and access to the first home scheme for purchases. First refusal for purchases is the last one of those rights that were indicated at the time. I do not expect my colleagues on the left to herald any of those but they are significant rights which tenants did not have three years ago and which they have now. We also fund Threshold to assist tenants to exercise those rights.

This area is tricky. It is the first time we have gone into the ownership and sale of property. The other legislation regulates businesses, not assets. It is worth having that discussion in a different context. Senator Cummins's contribution is important. I do not believe there is anything in this Bill which prevents people from selling their property. Am I correct in saying that?