Paul Murphy (Dublin South West, Socialist Party)
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171. To ask the Minister for Finance further to his reply to Question No. 215 of 17 November 2015, in which he explains that receivers acting on behalf of AIB may seek vacant possession of a property even if a lease agreement is in place; if this is in contradiction with the policy outlined by the bank in an earlier reply (details supplied) to the Oireachtas Joint Committee on Finance, Public Expenditure and Reform on 22 April 2015; if the bank has changed its policy regarding evictions of sitting tenants; and if any changes were discussed with him or with his Department. [41705/15]

Michael Noonan (Limerick City, Fine Gael)
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I do not believe there is any contradiction between AIB's reply at the Oireachtas Joint Committee on Finance, Public Expenditure and Reform on 22 April 2015 and the information supplied by AIB in relation to Parliamentary Question Number 215 on 17 November 2015. AIB have confirmed to my Department that there has been no change in its policy with regard to sitting tenants in Buy-To-Let (BTL) properties. The bank considers each case based on its specific circumstances. If there is a formal lease in place, then the bank will honour the terms of that formal lease. However where the tenant of the property is in breach of the terms of their lease, the Receivers may seek to terminate the lease in accordance with the PRTB (Private Residential Tenancies Board) rules and regulations. Where there is no formal lease in place, then the bank may seek vacant possession of the BTL property. In such cases, the bank or receiver will seek to ascertain the length of occupation and will afford the tenant the appropriate notice period in accordance with the PRTB rules and regulations.Therefore, in fulfilling its fiduciary obligation to obtain the best return it can from the disposal of the asset, the bank or receiver may in some, but not all, circumstances require to seek vacant possession of the property. This is consistent with policy described by the bank when consulted regarding previous Parliamentary Questions and in its  response to the Finance Committee.