Ceisteanna ó Cheannairí - Leaders' Questions
Dail Éireann — 2026-01-15
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Ken O'Flynn (II), Cork North-Central

The stated purpose of the Government rental reform package, including a six-year minimum tenancy to give tenants security and certainty, is something that we in Independent Ireland very much support. However, these measures now have produced seriously undermining consequences for families dealing with homes tied up in the fair deal nursing home scheme. Under the fair deal scheme, a loan secured on the family home generally has to be repaid within a one-year process. That would be the standard up and down the country dealing with nursing homes and the fair deal scheme in general. The practice is often required that they have to sell the property to pay for the bills that are there for the fair deal patient.
The new requirements under the new laws that the Government has brought in that offer a six-year tenancy directly conflict on some occasions with the obligations placed on the executors and executrices of these wills. It puts them in impossible illegal and legal positions. The executors have a duty to repay debts, administer estates promptly and protect asset values for the benefit of the beneficiaries. While it is technically possible to sell those properties that have a tenant in situ in that timeframe, it often reduces the sale price of the property and undermines the duty of, and conflicts with the burden that is on, the executor or executrix. The Government has accepted that these reforms will change landlord behaviour. We welcome that but, in these cases, there is probably something that we did not look at or did not think about.
In the case of families who are having to choose, they are in a situation where they are leaving the homes vacant rather than renting them out, which runs against the entire housing supply goals. These are the goals that were set up by the Government. Will the Government commit to reviewing the conflict and providing a targeted exemption or flexibility where property must be sold or repaid under a fair deal loan and settlement to allow the executors and executrices of those estates to administer within the law?

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-01-15/debate/main
Retrieved: 2026-08-14T04:54:30+00:00
Sitting date: 2026-01-15