Lynn Ruane (Independent) | Oireachtas source

I refer to some information from Threshold's pre-budget submission to the Department on the issue. It states:

In the case of repossession, tenants cannot refer a dispute to the Residential Tenancies Board for resolution, [which obviously puts them further on the back foot] as a lender will not generally be regarded as a party to the tenancy (Residential Tenancies Act 2004, s. 76). Their landlord will not be held liable for terminating the tenancy without the requisite written notice, as it will be the lender rather than the landlord that is effecting the termination. This means that tenants in mortgaged properties can be evicted without any means of redress.

Threshold believes that a simple amendment to the definition of "landlord" in the Residential Tenancies Act 2004, so as to explicitly include both receivers and lenders, would introduce a welcome degree of certainty for landlords, tenants, financial institutions and receivers. It would impose a requirement on a lender that has commenced repossession proceedings to terminate a tenancy in the manner provided for by the Residential Tenancies Act 2004. It would also impose a responsibility for repairs and the return of the tenant’s deposit upon the expiry of the tenancy.

In addition to this legislative change, Threshold is seeking the introduction of a code of conduct on buy-to-let mortgage arrears.