Oireachtas Joint and Select Committees

Thursday, 7 December 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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There should be some obligation on the tenant, whether that is dealt with in legislation or elsewhere, to ensure that viewings are appropriately dealt with and that there is not an attempt to frustrate a process. We are extending a right to a tenant here, and in those cases it is not unreasonable that we might also extend an obligation. The Department should reflect on that to see how it could be best done within the overall process. It might not be in the legislation. I also think that achieving market value, especially in the current market, is about the bricks, mortar and the location, and much of the other stuff is the smaller end of the value of any property. I do not discount it but it was a reasonable suggestion.

The concern I have is that at the moment, for example, there will be tenants who will want to avail of the first home scheme by virtue of it being a second-hand property. It is an incredibly valuable offering for somebody who gets their notice period and is able to avail of the first home scheme. They can only do it on that property as it is a second-hand home but they would not able to do it to purchase the property next door, or next door to that. I would be worried that the administration of the first home scheme would also work in line with the timelines provided in the Bill. If they are going to use that scheme then we have to make sure that the scheme matches the timelines within. I ask the witnesses to point to that. It is not a legislative issue perhaps but it is an issue between the two.

The final scenario then is the issue of the tenant in situscheme and the cost-rental backstop. I cannot remember what we call it now but they are effectively two versions of the tenant in situ scheme. What elements of this scheme transfer from what is a voluntary scheme at the moment to the council being able to exercise the right to purchase on behalf of a tenant? Was consideration given to that?