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 Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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It is very clear, so I am not disputing the point. Let us take an example. I want to sell my rental property to my son and I want to do so at below market value. If I issue a notice of termination on grounds of sale, I will not be allowed to do that because the rules of the scheme mean I have to sell it to the tenant, if the tenant makes a higher bid. What has just been outlined is that if my real intention is to sell the property to my son at a lower price, I cannot do this through the scheme, but I can use the grounds of a notice of termination for use of a family member. That then allows me to move my son into the property. Because it is a rental within the family, it is no longer within the remit of the Residential Tenancies Act 2004 and then I can it sell on. It is mechanism by which somebody who wants to sell to a family member at a lower price can get around the provisions of this legislation. I am sure that is not the intention, but it is clear that it is possible.

Regarding AHBs and local authorities, in this Bill they are not acquiring the same right to buy as the tenant. Is that correct?