Approach set out in forthcoming Bill believed to have low risk of breaching constitutional rights of landlords
Following consultation with the Attorney General, the draft law would state that following the issuing of a notice of termination, a landlord would be obliged to give their tenant 90 days to make a bid while notifying the Residential Tenancies Board .
While the property owner would be entitled to place the property on the market from the time the notice of termination is served, a sale could not be finalised until after the 90 days has elapsed, unless it is to the tenant.However, the landlord would also then be obliged to invite the tenant to match the agreed bid made on the open market with a third-party buyer. They would have 10 days to do so, and the landlord would have to accept it under the proposed law.
While the Bill would place a considerable opportunity in the hands of tenants facing losing their homes, the department is considering a number of exemptions. These include situations where a tenant is in rent arrears or engaging in anti-social behaviour, as determined by the RTB.
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