COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 11, 2023
QUESTION NO. 1
QUESTION: Councillor C. Bailey
To ask the Chief Executive how many renters in situ have enquired about purchasing their rented accommodation where an eviction notice has been provided in relation to a Landlord's Need to Sell and how many have been accommodated/had their application progressed?
REPLY:
The Council is currently not collecting data in relation to a tenant's first right of refusal to acquire their rented property where a landlord has served a notice to quit with the intention to sell the property. The agreed principles underpinning new measures for the Minister for Housing, Local Government and Heritage to give tenants the opportunity to buy their home including the development of a legislative based “first right of refusal” is ongoing in conjunction with the Office of the Attorney General to progress the implementation of the Government decision.
The Department of Housing, Local Government and Heritage have advised that Government approval of the necessary General Scheme of a Bill to progress the legal approach brought to Cabinet will be formally sought in September. The Government is conscious at all times in bringing forward legislation such as this, of the need to avoid unintended consequences insofar as possible. For example, they do not want to unnecessarily impede or complicate the sales process for rental accommodation nor cause delays to the conveyancing process.
The Government is also required to ensure, when formulating legislation, that it can withstand legal challenge. These matters and more have been considered in detail by the Department and the Attorney General.
It is important to stress that tenants are already availing of opportunities to purchase or indeed to remain as long-term tenants in their home under the current measures which are in place such as the Local Authority Home Loan, the expanded First Home Scheme for Tenants, the local authority’s Tenant in Situ Scheme, and the Housing Agency’s Cost Rental Tenant in Situ Scheme.
Landlords are already choosing to sell homes directly to tenants and to Local Authorities and the Housing Agency – there is no impediment to this and there have been successful applications made under each of the above named schemes. The proposed legislation will further bolster these measures.
Information for landlords in relation to Notices of Termination (NoTs) can be found at:
https://www.rtb.ie/ending-a-tenancy/notices-of-termination
When a NoT is served on the basis of sale, the following information is sent out by the RTB: