andMr. Cluskey asked the Minister for Local Government what positive and immediate redress a tenant has where it is found that the landlord appears to be deliberately allowing his property to go into disrepair and as a consequence forcing the tenant to either accept the resulting appalling conditions or to vacate the premises.
Ceisteanna—Questions. Oral Answers. - Repair of Property.
12.
Apart from any right to action which a tenant may have at law under his tenancy agreement or otherwise, he could, under the provisions of the Housing Act, 1966, take up with the housing authority the question of disrepair of the house in which he is living. In addition, section 114 of the Act of 1966 may be relevant. Under this section there is an implied obligation on the landlord to maintain a house of which the tenancy started after the commencement of the section and in respect of which the rent does not exceed £130 a year.
Section 70 of that Act provides that a housing authority shall make bye-laws in relation to houses let for rent or other valuable consideration to ensure the execution of any repairs necessary to maintain the structure of the houses and to ensure proper drainage, ventilation, cleanliness, lighting, cooking and washing arrangements. The section provides for penalties of up to £25, and up to £5 a day for a continuing offence.
Pending the making of bye-laws under section 70, the bye-laws to similar effect under older enactments continue in force. Penalties under these bye-laws generally provide for a maximum fine of up to £5 and up to £2 a day for a continuing offence.
In addition, section 66 of the Act of 1966, empowers housing authorities to require owners to repair unfit houses capable of repair at reasonable expense. The penalty for non-compliance with the requirements of a housing authority under the section is a fine of up to £200. The Act enables an authority themselves to do the work, on default of the owner, and recover the cost from him.
I would also refer the Deputies to the reply No. 88 on 23rd November, 1967, by the Minister for Justice in regard to section 15 of the Rent Restrictions Act, 1960, which confers certain rights on tenants of rent-restricted premises seeking to have repairs carried out.