Seanad debates

Tuesday, 29 November 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016: Report and Final Stages

 

11:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

What is to stop a landlord collusively agreeing to appoint a receiver in order to throw out the tenants and get a better price at any stage? Is there anything in the law that stops it? I do not think there is. One can run up a debt, sign a debenture and have a receiver in any day of the week. One does not have to go to court to have a receiver appointed. There is some force in the argument that a landlord who appoints a receiver should not be in a radically different position from a landlord who may need the money just as badly for other reasons but has not got a receiver to collect the money on his or her behalf. I would like the Minister of State to explain why a receiver has so much more power than a landlord who might just as urgently want to sell the property but who gets no facility similar to that of the receiver.

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