Jonathan O'Brien (Cork North Central, Sinn Fein) | Oireachtas source

I move amendment No. 10:

In page 5, between lines 20 and 21, to insert the following:

"3. Where the court grants an order of possession the court shall instruct the mortgagee to abide by the full terms of any tenancy agreement in place with respect to the property and for the mortgagee to assume the full responsibilities of the landlord as stipulated in that tenancy agreement.".

This amendment is designed to ensure that where a repossessed property is buy-to-let concern with a tenant in situ, the tenancy agreement will be respected in full. Amendment No. 11 is designed to ensure that where a repossession order is granted, the existing owner and tenant or tenants will be given six months to arrange alternative accommodation or nine months where children are resident in the house.

Amendment No. 12 relates to a situation where a bank is repossessing a family home and states that any outstanding debt on that property should become the liability of the bank and that the borrower cannot be pursued in respect of it. This will only apply in the case of family homes and not buy-to-let properties.

Amendment No. 13 is designed to ensure that any costs arising from the repossession hearing or from the subsequent sale of any family home that is repossessed will be borne by the lender and not the borrower. Again, this amendment will only apply in the case of family homes and not buy-to-let properties.

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