Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

I thank Deputy Coppinger for her question. Issues relating to the rental market and tenancy rights are for my colleague, the Minister for the Environment, Community and Local Government, Deputy Kelly. I am informed by his Department that, in circumstances where a receiver is appointed to a landlord's interest in a dwelling, it is essential that the rights of tenants be protected. While the circumstances of each case may vary depending on the terms of the mortgage or charge under which the receiver is appointed, the policies and procedures of banks in appointing receivers cannot affect the statutory or contractual rights of tenants. The tenant continues to enjoy the same security of tenure. The appointment of a receiver does not mean that a tenant loses his or her rights under the Residential Tenancies Act 2004.  That Act sets out the procedures and notice periods that must be complied with when terminating a tenancy.

In documentation submitted prior to recent meetings with the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, AIB, Bank of Ireland and Ulster Bank confirmed that they adhered to the legislative framework when dealing with the repossession of buy-to-let properties. Furthermore, I understand that the Private Residential Tenancies Board, PRTB, is aware of the impact on tenants of receivership and repossession proceedings. The board is looking to engage with the Central Bank and the financial institutions with a view to developing a code of practice to apply in such situations. The main purpose of the code will be to ensure that the financial institutions are fully aware of the rights, duties and obligations under the Residential Tenancies Act and to ensure that there is a consistency and fairness in the treatment of tenants in these cases.

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