Question to the Minister of State at the Department of Environment, Community and Local Government (Ms. Jan O’Sullivan, TD)
To ask the Minister for the Environment, Community and Local Government if he will consider reviewing the impact of laws on receivership on residential tenants; if he will consider putting in place provisions to protect the rights of the one in five families living in private rented housing if they should be faced with a situation where a receiver is appointed so that the statutory and contractual obligations of the landlord apply equally to the receiver who may be in receipt of rent being paid; and if he will make a statement on the matter. – Jerry Buttimer.
For WRITTEN answer on Wednesday, 6th November, 2013.
REPLY
The Residential Tenancies Act 2004 provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. The Act provides for security of tenure and specifies minimum obligations for landlords and tenants under a tenancy. In addition, the Act contains provisions relating to the setting of rent and rent reviews and sets out the procedures and notice periods that must be complied with when terminating a tenancy.
In circumstances where a receiver is appointed in respect of a rented dwelling it is important that the rights of tenants under both tenancy agreements and the Residential Tenancies Act are protected. While the circumstances of each case may vary depending on how a receiver is appointed the statutory or contractual rights of tenants should not be compromised.
Arising out of my concerns on this issue, I met with the Irish Banking Federation in relation to the provision of guidance in regard to receivers and their responsibilities towards tenants. As a result of that meeting the IBF has published a guide to receivership for residential tenants.
I am also examining whether amendments to the Residential Tenancies Act, in the context of the Residential Tenancies (Amendment) (No. 2) Bill 2012, could help to bring greater clarity in this area that would be of benefit to tenants and indeed to receivers in how they fulfil their functions. The Bill was passed by the Dáil and is currently before the Seanad.