Seanad debates

Wednesday, 16 November 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016: Second Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

We are keen to hear from the Minister, so I will not take long. Others have expressed concerns regarding the Aarhus Convention and the crucial contract that is a county development plan, so I will focus on rent certainty. Section 30 relates to the restriction on terminations of tenancies by landlords.Does the Minister think that is adequate, in terms of the many purchases made under the capital gains tax waiver which were required for a seven-year holding period and which will expire in the next three years? A large number of purchases were made by vulture funds, driven by the wrong decision on the capital gains tax waiver. How can we ensure we do not have wholesale evictions as funds look to maximise their profits?

I refer to the provisions of section 35A(3)(a) to be inserted into the Act of 2004 by section 30. I am very concerned about it and I would like to hear the thoughts of the Minister. Allowing landlords to avail of an exception that allows them to evict persons where they can show an existing tenancy would be 20% less valuable than a vacant tenancy may prove to be a block to future legislation on rent certainty. Can the Minister guarantee the section will not be invoked as a reason we cannot have uncertainty in the future? Would he consider removing or changing the provision?

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