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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Absolutely, but the minimum notice-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Can I ask-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: To clarify, that it is not in the Bill. What the Bill actually says is that where the sale price is less than or equal to the price the tenant has offered within 90 days, then it has to be offered at that price. My point on that is that I do not know somebody who would sell a property for less.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Okay, in the context of a cash buyer, but my point is that it could not happen within a 180-day period. What we are saying here is the best offer has to be put up within a 90-day period.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: I only mentioned the auction piece in passing.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: There is an inference in what Mr. Davitt is suggesting there that this is not the case.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: No, under the legislation, if a tenant within 90 days has offered €450,000 and someone comes along to that auction and offers €451,000, there is no obligation - I questioned the Department officials on this specific point last week - to go back to the person who has offered €450,000 and ask if they can match €451,000. That is not in the draft Bill.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: That is not how I understand it. Perhaps that is where clarity is needed. I asked the departmental officials specifically about this and they said "No" was the answer to the scenario Mr. Davitt is outlining. They said that if somebody subsequently bids €470,000, there will be no obligation to go back to the tenant and allow them to make an offer of €470,000.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: I asked this question for that reason-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: My point is that if that were the case, would that reassure Mr. Davitt? It is my understanding from my engagement with the officials last week.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Correct.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Correct.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Would that be Mr. Deverell's understanding of it?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: Does that reassure Mr. Davitt?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: To go back to the very first point, is that not the case in any event, given the minimum notice period is 180 days? If the landlord wanted the property to be vacant in order to do it up, paint it and present it in the best possible way, they could not do that until at least 180 days had passed in the first instance.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: It could be 228 days.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: To tease things out a little bit more, I have a question for Mr. Davitt. Let us say I came into an estate agent and said I wanted to buy a property that was on the market for €350,000 and that I had mortgage approval in principle. Many people can get approval in principle; the difficulty comes with the final part. Let us say I put in a bid of €350,000 on that property and...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: It was €350,000.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: It is a second-hand property not a new build.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (5 Dec 2023)

John Cummins: No.

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