Dáil debates

Friday, 16 December 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016 [Seanad]: Report Stage (Resumed)

 

6:55 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

We are trying to ensure that receivers take on the responsibilities of landlords legally, where possible, to try to protect tenants in cases of receivership. We have committed in the rental strategy to setting up a working group with the Department of Justice and Equality to do that. An amendment was tabled by Fianna Fáil in the Seanad essentially to require receivers to take on the legal responsibilities of landlords, which in principle we agree with, but at the time we were concerned about because there are many complex legal issues that need to be teased out. My advise is very strong on this, namely, that we need to work with the Department of Justice and Equality to make sure we tease out those issues as opposed to simply amending legislation in the way that is being proposed here.

My commitment on this is clear. I have an agreement with the Minister for Justice and Equality to work through the issues concerned to improve the protection of tenants in the case of receivership and, where possible legally, to transfer the obligations of a landlord onto a receiver in such circumstances. I would ask the House to work with me on this. We will move forward on this in the new year in a genuine way but in a way that is legally sound. I do not want to compromise the Bill legally by attempting to do something now that I have legal advice that suggests is not legally sound.

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