asked the Minister for the Environment if he will give full details regarding the establishment of rent tribunals under the Housing (Private Rented Dwellings) (Amendment) Act, 1983.
Ceisteanna—Questions. Oral Answers. - Rent Tribunal.
7.
Following the enactment of the Housing (Private Rented Dwellings) (Amendment) Act, 1983 on the 13 July, the Rent Tribunal was established on the 2 August 1983 by the Rent Tribunal (Date of Establishment) Order, 1983, which I made on the 28 July 1983. The Housing (Rent Tribunal) Regulations, 1983, which I made on the same date, deal with the submission of applications to the tribunal to fix the terms of tenancy, the holding of oral hearings by the tribunal, the question of legal representation at hearings and other matters of an administrative and procedural nature. Members of the tribunal were appointed by me with effect from the 2 August 1983 and will hear cases in divisions of three persons at different venues throughout the country.
Landlords or tenants making applications to the tribunal are required under section 5(5) of the Act to give one month's notice in writing to the other party of their intention to make the application. I understand that up to 18 October the tribunal issued about 1,300 application forms and that 53 applications were received up to that date. It is expected that the first hearings will be held in the first week of November.
We all welcome the fact that the tribunal is now in operation. There is a view that it would have been ideal if the two pieces of legislation concerning this matter were dealt with together, but that was not possible, and I should like to know the Minister's view on the effects the original legislation had compared to the tribunal. The courts misinterpreted the matter in that they put market values on the properties and, as far as I am concerned, ignored the remainder of the legislation. They did not take into account matters such as those referred to by Deputy De Rossa, such as the standard of the house and other provisions of the legislation. Is it the Minister's opinion that the Rent Tribunal will be in a position to overcome this problem?
The Rent Tribunal will have regard to the legislation enacted in the House, particularly section 13 which specifies the factors that they should have regard to when fixing a proper rent.
How long will we have to wait before the tribunal is established? Will we have to wait until all the cases have been heard in the District Court? When will cases be heard by the tribunal rather than the District Court?
As from 2 August any landlord or tenant who initiated the procedures under the legislation can have their case heard by the tribunal. Notice must be given by both sides and because of that there is a delay before the tribunal can hear cases. The tribunal will commence hearings within a fortnight. I should like to point out to the Deputy that any case initiated by a landlord or tenant prior to 2 August, and where all the procedures were observed, will, as provided for in the legislation, be listed for hearing in the District Court. As a result cases will continue to be heard in the District Court after the tribunal commences business.
When will the tribunal commence?
The tribunal commenced business from 2 August but the hearings to determine rents will commence in the first week in November.
Will the Minister agree that if the original legislation had been followed more closely by the courts the need for the tribunal would not have been as great? Will the Minister accept that the courts did not follow the provisions in the original Act?
That matter was debated fully when the most recent legislation was going through the House.
Had the Government of the day acceded to the numerous requests from Deputies to establish a tribunal we would not have the situation we have now.