Written answers

Thursday, 1 December 2016

Department of Housing, Planning, Community and Local Government

Proposed Legislation

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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170. To ask the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding the Planning and Development Bill 2016; and if he will make a statement on the matter. [38160/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the appointment of a receiver does not affect the statutory or contractual rights of tenants under the Residential Tenancies Act. However, the appointment of a receiver to a dwelling can cause confusion and distress to tenants and in circumstances where a receiver is appointed to a rented dwelling, it is essential that the rights of tenants are protected. The Rebuilding Ireland Action Plan for Housing and Homelessness commits to developing a real and meaningful strategy for the rental sector. The strategy will provide a vision of the role that the rental sector will play in the short, medium and long term, in the context of the Government’s objectives for the housing sector overall, as set out in Rebuilding Ireland. The position of encumbered buy-to-let properties in the overall context of rental market supply is an important focus for the strategy and in that context I am examining the possibility of further amendments to the Residential Tenancies Act that could help to bring greater clarity in this area and would be of benefit to tenants and receivers alike.

However, the interplay between receivership law and the Residential Tenancies Act is complex and it is important that changes are not made to legislation that either make matters worse or lead to legal uncertainty. The fundamental objective of any amendments made must be that tenants’ rights are protected and that clear and correct information is available to any tenant affected.

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