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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Will Mr. Smyth tease out the 12-month piece? What happens if John moves into the property and subsequently buys it from the family member and then decides to sell it himself?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: It is not a rental property, so that is fine.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: I can come in on that, but carry on.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: I am sorry for cutting across Deputy Ó Broin, but the Department is classifying the property as the building.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: If we use that terminology, it will be clearer.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: It is good to know the Deputy is opening to investing.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Nor do I.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Is that part of it?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: We have focused on the main thrust of the Bill. There are other heads of the Bill. Perhaps we could touch on heads 16, 18 and 19. Head 18 deals with efficiencies and reduces the requirement for 21 days' notice of a hearing to ten days' notice. The Institute of Professional Auctioneers and Valuers, IPAV, and the Irish Property Owners' Association, IPO, have contributed. We, as Members of...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: There is a determination, which is then followed by applying for an enforcement order.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: It has. That is where it all falls down and breaks down. The RTB is not a court but it is a quasi-judicial process that is entered into. In my view, there should not be longer than a three-month period from a determination to enforcement. That could be brought forward in this legislation. This issue has an interaction with the Department of Justice, of course. Has there been any...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: We are touching on these issues in heads 16, 18 and 19. We are moving into that space. My view is that we need to go further. Head 18 relates to efficiency measures proposed by the RTB to reduce the period of notice to be given to parties to a dispute of the holding of a hearing of a tribunal from 21 days to ten days. That is being done to try to bring about more efficiency and to speed...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Before we finish, I seek clarity about Tuesday. I thought the LDA was due to come before us on Tuesday.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: What about next Tuesday?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Why is the LDA not coming before us next Tuesday?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: What has the agency said regarding another date?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: I am sorry but I missed that.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: Is the LDA coming in on Thursday instead of Tuesday?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: To be perfectly honest, that is really unacceptable. The LDA was supposed to be in with us last month but that was deferred until next Tuesday to allow additional time and now the agency is saying its representatives are not coming before us at all. I urge the Chairman to write back to the LDA and ask them to come before us next Thursday. The LDA has been given ample time. We were all...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Residential Tenancies (Right to Purchase) Bill: Discussion (Resumed) (7 Dec 2023)

John Cummins: No, we all were-----

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