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Joint Committee on Housing, Local Government and Heritage debate -
Tuesday, 29 Nov 2022

Recent Trends in the Private Rental Sector: Residential Tenancies Board

This meeting is a continuation of a meeting we had earlier in the year looking at the recent trends in the private rental sector. We are joined by representatives from the Residential Tenancies Board, RTB, who I welcome to the committee and thank for their attendance. From the RTB we are joined by Mr. Tom Dunne, chairperson, Mr. Niall Byrne, director, Ms Lucia Crimin, deputy director, and Ms Caren Gallagher, head of communications and research. The opening statement has been circulated to committee members and also an extract from research the RTB has been carrying out on trends in the rental sector.

Before we begin I will read a note on privilege. I remind members of the constitutional requirement that members must be physically present within the confines of the place where the Parliament has chosen to sit, namely, Leinster House, to participate in public meetings. Witnesses who are attending in the committee room are protected by absolute privilege in respect of their contributions to today's meeting. That means they have an absolute defence against any defamation action for anything they say at the meeting. Both members and witnesses are expected not to abuse the privilege they enjoy and it is my duty as Chair to ensure this privilege is not abused. Therefore, if the witnesses' statements are potentially defamatory in relation to an identifiable person or entity, witnesses will be directed to discontinue their remarks. It is imperative that they comply with any such direction. Members and witnesses are reminded of the long-standing parliamentary practice to the effect they should not comment on, criticise or make charges against a person outside the House or an official either by name or in such a way as to make him or her identifiable.

The format we follow is a seven-minute segment for each committee member to ask questions and that includes the time for the answers also. I invite Mr. Dunne to make his opening statement.

Mr. Tom Dunne

I thank the Chairperson and committee members for the invitation to attend to discuss recent trends in the private rental sector. To assist the committee, we have sent some information in advance, including preliminary results, not yet published, from the RTB rental sector survey. To start, I will talk about the RTB's role and remit. It was established under the Residential Tenancies Act 2004 and is an independent, public body operating under the aegis of the Department of Housing, Local Government and Heritage. Our role is to register tenancies, operate a dispute resolution service, and to regulate aspects of the residential rental sector in Ireland. We do this by implementing rental sector legislation, by providing information to the public and by providing policy advice to the Minister based on evidence, insights, and data. We do not make the law, nor do we make overall policy for the rental sector. These are matters reserved for the Oireachtas, the Minister and his Department.

Turning now to some recent research on trends in the rental sector, during 2021 we published a series of research reports on the sector. This research was one of the largest studies of the private rental sector ever conducted in Ireland. The nationally representative survey provided data and insights on the experience of landlords, tenants and letting agents, as well as on landlords who had left the sector.

The research published in 2021 shows that, notwithstanding the very real challenges in the sector, 79% of tenants said their renting experience was positive and 88% of smaller landlords indicated that their experience with their current tenants was positive. We believe this is important evidence and that it reflects positively on the rental sector in Ireland. On the other hand, our research also showed that affordability was a key issue for tenants.

During 2022, we followed on with a second phase of the research and we are pleased to be in a position today to share preliminary results on the surveys undertaken with smaller landlords. The 2022 results show that most small landlords, 94%, are part time landlords and do not manage properties as their primary occupation. Also, that 90% of property owners are, again, reporting a positive experience with their tenants. A quarter of the small landlords surveyed stated they are either likely or very likely to sell their rental properties in the next five years, with just over half saying they were unlikely to sell. These surveys also showed that property owners, tenants, and agents found the regulatory framework and changing legislation difficult to navigate and understand. There was also a lack of awareness among tenants of some key protections. In addition, it was reported that the RTB disputes process took too long to reach a final outcome.

We will now look at measures taken by the RTB to help the situation. Clearly, complex legislation and rules can give rise to confusion or to a risk of inadvertent non-compliance. Having a clear and streamlined legislative framework in place would make it easier for property owners and tenants to understand and comply with their responsibilities, which would have a positive impact on the sector overall. There would also be benefits for the RTB in terms of process improvement and reduced administrative overheads.

The RTB will engage further with the Department in 2023 on the case for reform of the Residential Tenancies Act.

We have recently introduced default mediation to support property owners and tenants to resolve issues early, without recourse to lengthier, more formal, and more adversarial processes. The RTB has seen that many disputes arise due to a lack of awareness or misinterpretation of rights and responsibilities under the law. We have seen that where parties choose mediation as an option there is an 80% success rate.

In 2023, the data analysis and reporting capabilities of the RTB will improve significantly as a result of the introduction of annual registration in April 2022 and of our new tenancy registration system in November last year. We acknowledge that the new registration system has created difficulties for some property owners and agents and we are working hard to address these. However, as we move towards the completion of the first cycle of annual registration in April next year, we remain confident that annual registration will provide the RTB with much greater visibility on rents for both existing and new tenancies. This expanded data will allow us to provide new insights and improved information to tenants, landlords and the wider public in 2023 while also providing enhanced data to inform the development of policy for the residential rental sector.

Soon to be 20 years in existence, the RTB is at an important juncture in its development. We are in the process of setting new strategic priorities in our statement of strategy 2023-2025. This strategy will define the RTB’s key strategic objectives in relation to effective regulation over this period, including the need to develop the organisation further so that we can fulfil our mission on behalf of the public. Also underpinning this strategy will be a commitment to realising the full potential of our data which we see as an asset to provide better insights, to contribute to policy development and to provide reliable information on issues affecting the private rental sector.

We are happy to address any questions committee members may have.

I thank Mr. Dunne for his presentation and I thank him and everyone at the RTB for the work they do. The rental sector is important in providing homes for people and the RTB plays an important role in its regulation and control. It also plays a key role in improving standards, not only the built standards but the quality of life for people living in rented homes, as regards their security of tenure and their ability to live their lives. I would like to hear the RTB's view and an explanation of the daft.ie rental report and the report produced by the RTB. A big issue for renters is the cost of rent. We all know there is an insufficient supply and that is why €20 billion has been assigned under Housing for All to increase all types of housing, including rental homes. It is also why we have affordable cost rental as a model for the first time, which I presume the RTB welcomes. Ideally it will make its job a lot easier. Will Mr. Dunne explain why there is such a discrepancy between the daft.ie headline number of an increase in rents of more than 14% and the RTB's number of 8% in its latest report?

Mr. Tom Dunne

It is possible to explain. I will leave it to my colleagues but I will make a preliminary comment that it is a bit like comparing apples and oranges. The daft.ie report is drawn from a fairly small sector of people who put their properties up for rent. The RTB index is drawn from a much wider number of tenancies in existence. They measure two different things to some extent. Perhaps Ms Gallagher can express it a bit more clearly.

Ms Caren Gallagher

I will speak about the methodology we employ for the RTB rent index. We produce it in conjunction with the Economic and Social Research Institute, ESRI. It is important to note that the RTB rent index is unique in that it is based on rents paid. We run the methodology every quarter. It is a time series based on 1.6 million records. It is also important to note that it is includes new tenancies on existing properties, new tenancies in properties that have not been let in the past two years and properties let for the first time. Detailed information about the methodology is provided in the detailed technical appendix. I agree with Mr. Dunne that I would not compare it with other rental reports as they are based on entirely different sets of data. The unique insight we can provide is that our report is based on actual rents paid in the sector.

I thank Ms Gallagher. That answers my question. The RTB report analyses rents that are being paid by people who are living in rental accommodation. What impact has the cap on rents in the rent pressure zones, RPZs, had on rent increases according to the RTB data?

Mr. Tom Dunne

That is a little more complex than it might appear. Broadly, we can see that the rent of tenants who are paying rent in RPZs is going up in line with the RPZ requirements and the rents are lower than they would be if they were left to the market. The oft-quoted headline rents are essentially new rents. They are rents for properties that have come on the market as new properties. There will be a difference as new property is generally in better condition and in slightly better order than existing properties. As a result of that, we are getting two different rent levels. I do not remember exactly what the level is. Was it approximately a 25% increase in rents generally and RPZ would be-----

They would be 2% or less.

Mr. Tom Dunne

They increase at 2% per annum over four years, but we have had that in some cases since 2016. We are getting to the point now where a difference can be seen between rents commanded for a new property coming to the market that has never been rented before and rents paid by people in occupation who have been there for a long time.

Ms Caren Gallagher

I will make a few points. I stress that the RTB rent index report is not a measure of compliance. It just reports on the data set we analyse. We introduced annual registration in April this year and once we complete the first cycle in the middle of next year, we will be able to report on rents in existing tenancies. This is a piece of work we are looking at in conjunction with the ESRI as we will have visibility across the sector. At the moment, the RTB rent index report is a measure of the standardised average rent in approximately 12,000 tenancies in the cohort I explained. We will soon have the breadth of rental analysis across existing tenancies and it will show the differences in the rents for tenancies that have been in place for a longer time. We will be looking at a new index once we get through this cycle of annual registration.

I am conscious of time and I want to ask questions about landlords and registration so I might contribute in a later round.

Ms Gallagher spoke about the rent-price inflation, that is the inflation of rent prices on new properties. Recently, I was told that construction inflation was running 30% in Dublin city. Is the RTB seeing the rent inflation mirroring or pegging that 30%? Is that what the RTB data shows or can the RTB give the committee an indication of the figures? If the witnesses do not have that information to hand, perhaps they can revert to me with it later.

Ms Caren Gallagher

I can provide the Senator with a more detailed answer on that. We have seen greater inflation in the greater Dublin area in the rental index trends. It was probably a reflection of more people moving out of Dublin, perhaps after the pandemic and I am sure due to a variety of factors. The latest rent index shows higher growth in the Dublin region. It does not reflect the 30% the Senator mentioned but there is an increase in rental inflation. I will provide further information to the Senator. I do not want to take up any more of her time.

Mr. Tom Dunne

It is worth making the observation that construction cost inflation happens for different reasons and in a different way than inflation in the rental market. Inflation in the rental market will reflect supply and demand issues in that market. It will be different in different markets in different parts of the country. Construction cost inflation is not as spatially divergent. They are measuring two different things.

I wanted to know if there was a direct correlation between the rents that are being set on new builds and construction inflation.

I commend the witnesses on the documentation that they have shared today and the quarterly bulletins. They are a really helpful guide. It would be good to try to get those earlier. Over a full four quarters, the gap creates issues in terms of the value from a policymaking point of view. Any effort to accelerate the publication would be welcome. The quarter 4 report records a dramatic drop in registered tenancies from the high point of 319,000 in 2016 to an estimated figure for last year of 276,000. That is a loss, on one reading of the figures, of 43,000 homes, a 40% loss from the rental sector. Given that the 2021 figures are estimated, is it really a loss of 43,000 homes or is there something else going on? Related to that, I would like to know how soon the witnesses will have any figures for 2022 regarding registrations. That would be very valuable for the conversation we are having.

One of the positives of the unpublished data the witnesses have shared is that they show the vast majority of landlords are not thinking of leaving the market. Certainly in the next 12 months, 73% of landlords are not considering leaving the market. That is an important point for the public debate. However, we still have 15% of landlords who are either likely or very likely to sell in the next 12 months. We also have 10% of landlords who are likely or very likely to want the property for their own use or family use. That means that potentially 25% of landlords are considering exiting, either for sale or for family use. This is a huge challenge at a time of constrained supply. I am interested in the witnesses' observations on that.

The last questions are regarding registration. It has been very frustrating for people who have received fines in error from the perspective of both private sector landlords and the approved housing body sector. Can we have an update on when they will be repaid? What reassurance can be given to AHBs and private sector landlords that the system is going to improve dramatically? We have received lots of complaints about this issue. It is not just the difficulty of the system but the difficulty of getting through to the RTB by phone to try to clarify and verify any information.

Mr. Tom Dunne

It might be useful to take those questions in reverse order

This is an issue that has been raised with many of us so it would be in order to spend a little time addressing the query on registration and contact.

Mr. Niall Byrne

I will deal with the issue of the service quality from the RTB at the moment. There is no doubt that the current situation is a long way short of what one would regard as acceptable. We take it very seriously and are working very hard to remedy it. I have been with the RTB for the last ten months. Coming into the role, I have discovered that our systems and processes are not working well and people are finding it difficult to deal with the RTB. Unfortunately, that is a fact. This is despite the work of many highly committed predecessors of mine over the years. Deputies are well aware of this. We have had numerous Oireachtas queries from members of the committee and other Members of the Oireachtas in relation to it. We have apologised insofar as that makes a difference. I do think it is important for public servants to acknowledge when there are failings. We have apologised to the stakeholders and we have committed to remedying the situation.

The issues we are facing are quite complex. Some of them are quite deep-seated. Some relate to technology developments and some relate to the arrangements we have in place to deal with customer service queries and responses when issues arise. It will take us some time to remedy the technical issues we have. The RTB introduced a new portal-based registration system in November of last year. The design of that system represented a significant investment of public money, time and effort. It will deliver for the RTB and the public but at the moment, unfortunately, it is not delivering to the requisite standard. We are working very hard to remedy that but it is a programme of work that will take us into next year fully complete. It may be quarter 2 of next year before we are fully out of the woods regarding the performance of the system. We have a plan in place. We are working through it on a technical front and I am confident we will see improvement during the course of 2023 but probably not full completion until around quarter 2 of next year.

At the same time, and in recognition of the real problems that people have dealing with us, we are working very hard on the customer service side to support people to work through the registration system and get their tenancies registered. That is very important. The Deputy raised the point about refund of late fees. The legislation allows for the imposition of late fees in circumstances where registrations are made late. Recognising the general difficulties, we had committed to refunding late fees earlier in the year. As of earlier this month, we have ceased charging of late fees. We will refund everyone who has been charged a late fee during the course of December and January. This is a recognition by us that the current situation is not acceptable.

On the customer service side, we contract out all of these services to a third-party provider. That means it is not the RTB directly that provides the customer response but obviously we are responsible for it and it is funded through the RTB's budget. We are working hard on this issue as well. Recently, we have doubled the number of agents who are working on the RTB account. We are putting in the resources to support people but we still have large backlogs; that is the truth of it.

Is there a need for additional resources, either for the RTB to be able to contract out additional staff to clear that backlog or additional resources in-house? Prior to Mr. Byrne taking up the position at the RTB, there were issues with delays in recruitment of staff in the RTB and in some of the third-party providers.

Mr. Niall Byrne

In fairness to the Department, we received €2 million extra in the 2023 budget allocation, which is very welcome. Additional resources are always welcome in that they always make a difference if they are deployed well against critical performance issues such as we have at the moment. I do not think the issue is just about resources. Some of the issues are about management, control and the strategy of the RTB. As the Chair mentioned, we are currently developing a new statement of strategy for 2023 to 2025. This will be approved by the RTB board in January and one of the core areas of attention will be to focus on the organisation itself. In my view, the organisation requires significant development. I am not criticising any of my colleagues but structure is very important. When the structure moves out of alignment with the mission of the organisation then difficulties arise. I attribute some of the current problems to the organisation structure. However, during the course of this year we have had additional resources come on stream. As of next week, I will have two deputy directors working with me. Ms Crimin is one and we will have a new colleague joining us next week. That allows us to devote much more management attention to some of the underlying issues.

The RTB has undergone a lot of change over the last four years and there was the pandemic as well. I am not using any of that as a get-out clause. I simply want to illustrate the difficulties that arise for small public bodies and the RTB is a small public body trying to deal with quite a complex area of administration using complex legal provisions. I can say that from my own experience, as someone who does not come from this background but from a different area of social regulation. Coming to terms with the rules and provisions of the Residential Tenancies Act and the way in which they have changed over the last five years is certainly a significant challenge for me, as it is for many people in the sector.

The Department is very open to discussions about resourcing and has been supportive of previous requests. I recently made a request for a third deputy director post at principal officer level to help us to deal with the digital and data issues we are currently facing. The Department is very supportive of that particular submission. I do not think it is just that, but it is obviously part of the overall equation.

As we move into our new strategy, we are going to-----

I will stop Mr. Byrne there. I know I said I would give that a little time. It was important to do so because a lot of members had questions on that.

Mr. Niall Byrne

Hopefully, I answered that. If not, my colleagues can answer in more detail.

We will give more time to that subject as it is one of the major issues that people brought to us regarding the RTB. Deputy Ó Broin had two questions prior to that. I will allow two or three minutes for those questions to be answered, and then we will move on to the next matter.

Mr. Tom Dunne

The Deputy is right to observe that the number of registered tenancies is dropping. There are complexities involved, which Ms Gallagher will address, in respect of the change from the original once-off four year-registration to annual registration. The Deputy is right to note that there are not as many landlords leaving the market as you think. The point that comes out of that research is that quite a lot of landlords intend to stay in the market. I draw the Deputy's attention to the table on page 8 of the material provided. An interesting question as to when people acquired the properties that they sold is asked. Some 100 landlords were investigated. Looking through the table, you can seen the properties were acquired from 1990 all the way up to 2000. The figures are 1%, 2% and 3%. There was a big lurch in numbers from 2002 all the way to 2010. That was during the Celtic tiger years when people were incentivised through the tax structure to invest in residential property. This is tentative, but it may be that what we are seeing now is that bunch of people leaving the market. People who bought flats, moved out of those flats and rented them and then moved into houses are now out of negative equity. This may be a wave coming through. It is hard to tell from the data we have at present. Hopefully, annual registration will help with a lot of this, but that is an interesting pointer or indicator. I draw some comfort from that. It is wrong to say the private residential sector is not attractive to landlords. It is not attractive to some landlords. As they leave, the nation will have to find a way to replace them with people who want to be main landlords. I hope that addresses those two questions.

I thank the witnesses for being here. It was great to read their opening statements and the surveys, although I read it all in the newspapers this morning. I suppose that underscores the importance of the discussion we are having. The media are interested in it, we are all interested in it and our constituents are interested in it. That is because it is such an important area. We know rents are too expensive. In my own constituency, according to the latest Daft figures, it is €1,650 for a two-bed new market rental. The average cost is €1,300 for a two-bed to rent in my constituency. Rental properties are too hard to come by, and we know that landlords are leaving the market in too high a number. It is really interesting to get a bit more context to that.

The committee has met with the Institute of Professional Auctioneers and Valuers, IPAV, and the Irish Property Owners Association, IPOA, to get under the hood in respect of three problems, namely, rents being too high, rental properties being too scarce and landlords leaving the market. As a cross-party committee, what we wanted them to do was help us come up with recommendations to resolve these issues. It is good to have the RTB's input on that matter. I appreciate them sharing the results of their survey. It is interesting that only 1% of people who own a property are interested in acquiring another in the next one, three or five years. That is quite worrying when you think that 96% of our private rental sector comprises landlords who may own between one, two or three properties. The survey results are interesting but I hope the witnesses do not mind me saying that they are a little superficial. I do not understand from the information provided why landlords are leaving the market. There was a box-ticking exercise, which was good from the point of view of throwing those issues up. However, that does not help us quantify what is driving those changes.

In respect of the 100 landlords who were surveyed, what percentage exited the market? Did the survey go to all landlords and only 100 replied? Were 100 selected? I want to figure out how it works. In my estate agents, when it comes to why people are leaving the market, the reasons given are regulation, which 32% of the respondents to the RTB survey agreed with, taxation, which 51% agreed with, and potential changes to the political landscape and potential new policies coming their way. That may be captured in the other figure provided, namely, 9%.

The experiences of our previous witnesses, which we have talked about a little bit, was the RTB360 portal being a key point of pain for landlords. I am interested to discover what surveys or research have been done in respect of its roll out. The RTB is working hard to resolve some of the issues, and I understand that it will be towards the middle of next year before things improve. Are those improvements based on feedback the witnesses are getting? Are they likely to test changes they are making? One of the main bones of contention we heard was that this was rolled out without ever being tested, without any consultation with the people who would be using it and without it being made user-friendly in order that everyone could comply. That needs to be a top priority. Many constituents have contacted me about this matter. I thank the RTB team who helped me with this matter in the past. One particular constituent registered their tenancy on paper but could not transition to online because the two systems are not compatible. This whole matter is about modernising seamlessly, and that was just very disappointing to hear.

My questions are as follows. Have the witnesses any more information on why landlords are leaving the market? How did the survey of the 100 respondents come about? In the context of the technological changes that are being made on the basis of feedback, will the RTB be testing and consulting more widely with those who use its portal?

Mr. Tom Dunne

I will ask Mr. Byrne to take the last part first. It is, perhaps, the most pressing.

Mr. Niall Byrne

The first point to make is that everything that is there was tested. It is not that we released something-----

Was it tested with users?

Mr. Tom Dunne

It was tested in a technical sense. I have heard this said by various parties. We have a very good relationship with IPAV and the IPOA, both of which were in with the committee in September. Since I have come along, I have been at pains to engage with those stakeholders because they are some of the key people who use the system. I absolutely acknowledge the frustrations of people in terms of usability and feedback received. While the previous release was tested in a technical sense, clearly there was insufficient user involvement in the design. It is not so much about test as it is about design. Currently, we have very good engagement and my colleague Ms Crimin leads on that. I will ask her to speak to the efforts we are making to ensure that the further developments work for everybody.

Ms Lucia Crimin

The approach we are taking is that we have listened very carefully to the feedback we have received from both registrants and agents. As Mr. Byrne has mentioned, we have developed what I consider to be very good working relationships with the various stakeholder groups. We have listened carefully and heard all of that feedback. We have brought that into our work on the incremental technical improvements that are going to be implemented over the course of the first two quarters of 2023. Without passing any criticism on previous approaches, the approach we are taking this time involves very careful, slow and laborious specification and design work. What the Deputy needs to hear is that we have already been engaging with those key stakeholder groups to get their direct input into those fixes that will be deployed over the coming two quarters. We are focused and concentrating on making sure that our second cycle of annual registration is a smoother experience for landlords and agents. All of this is to ensure that from a customer service perspective that compliance with regulation is made as easy as possible. It is also to improve the quality of data that we are bringing into our system in order to be able to use that to get the best possible insights. Have I answered the Deputy's question?

Yes. We heard in previous sessions that the system cost approximately €7 million to develop. It is really disappointing that the RTB did not come out with a product that worked for people who use it.

I am glad to hear those changes are being made in a consultative fashion. May I have a response regarding the 100 landlords?

Ms Caren Gallagher

The 2020 survey, which was published in 2021, had 74 landlords interviewed for that section of the survey. It was up to 100. We used our database to contact the landlords to take part in the survey. Sometimes, landlords do not inform the RTB that they are leaving so when they were contacted, some had exited the sector. We asked them then to divert into this additional piece of research and that is how that cohort came about.

Those 100 people are individuals who the RTB would have assumed were still landlords except for that contact with them.

Ms Caren Gallagher

That is partly an answer to Deputy Ó Broin's point on the estimation process because landlords do not always inform the RTB when tenancies end. They should but they do not always, so sometimes there are tenancies still active on our register that are not still in place. Previously, when tenancies were four or six years' duration, that would have been a natural ending because they would have come off the register and we could see there was an inflation of registration numbers and hence we undertook the estimation process. That is how we actually accessed those landlords to contact them.

On those 100 landlords, if a landlord went to the RTB during the year to say that the tenancies had ended and to take them off the books, they were not contacted for feedback?

Ms Caren Gallagher

No. All the landlords were from that particular cohort. If the tenancy had ended, it would not have been part of the database that we used to contact the landlords.

Therefore, we are not capturing a huge amount of people who have left to check in to see why they left then. The vast majority would not have been checked in with, is that correct?

Ms Caren Gallagher

Yes, I suppose, but for the purpose of the research, it was a nationally representative sample. We have tried to mirror that in the numbers we have surveyed. We have 500 small landlords, 250 medium and a smaller number of larger ones. It is a representative sample. It was an additional piece of work where, having contacted the landlords and learning they had left, we included them. We also had focus groups with landlords who had left the sector to bring that additional qualitative element in. With a survey like that, you get a one-dimensional response but we did have a focus group as part of the first survey as well to delve into some of the deeper issues.

Did that focus group include people who had finished their tenancies during the year or was it people the RTB contacted routinely and found that they should have delisted with RTB?

Could we come back to answer that, because the ten minutes have been reached? This is an incredibly interesting and important session.

It is just important to try to get a handle on the validity of that particular step since we are all so concerned about why landlords are leaving the market. It would be great to have that.

We are running a little over but I hope to come back to mop up on some of those questions.

The next slot is the Green Party, which is mine. The information gathering the RTB is doing is incredibly important. I understand when it does one bit of research that it leads to further questions and it does another bit of research and it gets a full picture. Has the RTB asked any questions along the lines of asking how off-putting it would be if part of selling up required keeping the tenant in situ? Has it any information on that at all?

Mr. Tom Dunne

To clarify, is this the idea that they would sell the property on with a tenant in occupation?

Yes. One of the reasons that we see tenants is that the landlord is going to sell. If there was a requirement that the landlord can or must sell with the tenant in situ, I do not know quite how we would do it, would that be another factor that landlords would see as over-regulation and loss of control over what they consider to be their property?

Ms Caren Gallagher

I do not have the actual wording in front of me but we do have a question on the lines of what would have made them stay. I will come back with the actual wording because I do not have the full questionnaire in front of me. We have a question which is not specific to the point the Chair is making but it does explore what would encourage a landlord to stay in the sector. We do not have anything as explicit as that question about selling with a tenant in situ.

Mr. Tom Dunne

That is a very under-researched area. It is very difficult to get a feel for that in any way that one could stand over statistically or qualitatively from a piece of research. If you talk to people in the marketplace, they will tell you that if you are trying to sell a property into an owner-occupied dominated market, the price you will get for a vacant property will be higher than that which you get for an encumbered property, that is, a property with a tenant encumbered. That may be true and is certainly what the estate agents will tell you. We have no research to back that up. I have never been able to find any research that anyone has done on that and even doing any research on it could be problematical. The theory is that you are selling into an owner-occupied market so the price will be higher. Whether or not it is a fact, certainly it is a fear that landlords have and they prefer to get the tenant out and sell the property with vacant possession.

A comparison is often made with the commercial market in this area. That is a false comparison because if you are selling a commercial property, the quality of the tenant paying the rent is an issue for the entire investment. If you are buying an investment which is a property with a tenant, then you can check their accounts and so on. Therefore the two aggregated together is worth more than a property in sole or vacant possession because if you are trying to sell a property in vacant possession in the commercial world, you are selling to someone who has to borrow money to buy and it is far more complex. That comparison does not stack up and it is not all that useful. It is an area that is completely under-researched.

I think it is something that we would like more research on to get some clarity on that.

We have a rent freeze, essentially, at the moment in rent pressure zones with a maximum increase of 2% but I hear many people calling for a rent freeze for periods of two or three years. Some of the reading I have done around it suggests that if you were to freeze rents at the moment, and you would peg the rents that are out there at the moment, new rentals coming on with larger companies that have a lot of rental stock would not be frozen and those companies could set their rent at whatever level they want. This means you would be penalising people who have rental properties at the moment without impacting on new entrants. Is there any truth in that? What is the view of anyone here on rent freezes and the impact it might have on the rental market? I acknowledge that is a big question.

Mr. Tom Dunne

You get into issues like the definition of what is meant by a rent freeze. One could argue that the present arrangement, where you can only increase the rent by 2% or the rate of inflation, whichever is the lower, is not only effectively a rent freeze but is bringing down rents at a time when inflation is much higher. Is that a rent freeze or what is it? You get into definitions and if you have to reduce that concept to legislation, it can prove quite technically different to do that. Issues like that might apply.

What we have now is more a form of rent certainty than rent control. The way it is constructed is very well thought out because it does not do what the previous forms of rent control did in the Rent Restrictions Acts. They froze rent at a particular point in time and that was it; there was no way out. With this measure, if rents fell or the market corrected at some stage in future, it would just go into abeyance. That gives landlords a lot of comfort. You do not see a lot of landlords complaining all that much about this issue where rents can go up by 2%. They do, because they are losing money but there is still evidence that people are getting into the market, notwithstanding that. It is a very complex area and I do not know if we can answer it any more easily than that.

Mr. Niall Byrne

To make an observation on the role and function of the RTB. As we are the Residential Tenancies Board, our number one priority is to work to ensure that the conditions are present whereby landlords and tenants can have a positive experience from renting.

There are many other aspects to the market and the sector that are not directly our responsibility. We are here to help the committee and to share our knowledge with it. At the same time, while I know these are matters of huge public interest and importance, we are not always necessarily the people who can answer all those questions to the level of certainty and detail the committee might wish. We are very happy to share everything we know and to take note of areas of research where it could be useful for us to try to learn more about aspects of the sector.

As I said earlier, the expectations on the RTB have grown substantially over recent years. The RTB was originally a dispute resolution body to replace the courts and it had a registration function to generate its own income and data. Now we, along with the entire sector, have moved into much more complex territory. It is difficult for us to be fully definitive about things like how the market works, what would influence the market and the players in different ways and how different policy initiatives might land and be successful, or not be. Our number one priority is to try to create the conditions whereby current landlords and tenants can have as positive an experience as possible.

It is helpful for the committee when we bring in various expertise and witnesses and put this range of questions to them. The witnesses are in a position to have good information about landlords' intentions or the impact of regulation on landlords and tenants. It is another area that would merit some further research with regard to the outcome in terms of availability of rental properties should a rent freeze be brought in over two to three years. We would probably get a better insight into the intentions of landlords if they thought that was coming down the line at some point.

I thank the witnesses for coming in. My colleagues have already spoken about the issues within the RTB and we have covered most of that. I am going to go straight into the questions. Roughly 15% of landlords are leaving the market, with 10% doing so to return the property to a family home. There are also people returning from abroad who had rented out their property while they were away and are looking to move into their own homes. That is one concern.

A lot of concerns I have from a rental point of view are about the county sector and towns that have apartments. This was touched on earlier. A lot of people bought apartments a number of years ago and it is now coming to fruition and some are selling them. The reason many are being sold is that they need to be refurbished, especially if they are over a shop unit. Anything that is touching a shop unit has to meet fire regulations and under the planning laws now, this has to be done storey by storey. Even within an old building, there are certain fire regulations to cover. A lot of people who had those apartments from years ago now want to upgrade the property underneath but it is not viable to do up the apartment and many are leaving the market and selling the buildings because of that. I see that from my own construction background. I can see that people are looking at it that way.

A lot of people are also leaving the market because of the infrastructure in their towns and villages. They can see from a rental point of view that people are not moving to their area as they cannot build any new houses because of the lack of infrastructure and failure to invest over the years. I am talking about large towns with populations of up to 4,000 or 5,000 people where the sewerage systems are at capacity. People are seeing that there is no expansion of their town because of the facilities in them so they are looking at the properties they have and realising they are not economical to refurbish. They are trying to get out now because they can see there is going to be less investment in the towns and villages where the rental properties are. That is also true of one-off houses. Under the taxation system for the rental sector, a limited company pays 25% tax, and a sole trader pays 40%. Landlords look at what the tax regime is, the investment they have made and the return they get and many of them are pulling out. A lot of them are scared based on seeing people who want to get their properties back and the length of time it takes to get tenants out. There are a lot of good or even fantastic tenants but there are also a lot of fantastic landlords. There is a minority of tenants and landlords who should not be in the system in the first place because of what they do. Many people with rental properties are scared because of that. There is a scare factor in why people are actually getting out.

In the RTB's survey, how many of the properties surveyed were older apartments where people could not make the investment because of the inflation costs in construction, which are running at about 13%? As I say, I am in construction and costs fluctuate from week to week depending on what email comes from what supplier. An awful lot of the bankrolling now for materials, especially if they are one-off or specialist materials, is upfront payments. People have to pay upfront before they even start the project. In the survey, how many of those properties were older properties where people were leaving the market because of that?

Mr. Tom Dunne

I am not sure we have visibility on that.

Ms Caren Gallagher

In the previous survey, in the 2021 publication, we had a quota that we hit to make it representative and ensure we had apartments, landlords and tenants who lived in apartments. I do not have that figure to hand. We have not completed the full analysis of this survey. These were the preliminary results for the initial output of this survey. Again, we applied that proportion in order to make it representative for apartments. I am not sure I fully got the Deputy's question. In the exit piece, we differentiate between landlords who were owners of apartments. We have not done the cross-tabulation but, as Deputy Higgins noted, it is a small sample of 100. I am sure we could pull out the responses that related to apartments.

Where was the survey based? Was it based on the size of a population within a certain area? Was it based on all of Ireland? Was it based within the different sectors within each individual county? In that survey, which would have included larger landlords of apartments blocks, down to the person with four or five properties down to the person with one property, did it differentiate county by county with regard to the rental market and the rental rate? Did it show a trend from the point of view of a lack of infrastructure within the areas?

Ms Caren Gallagher

It did. There were 130 sampling points across the country. The methodology is nationally representative and it aligns with the CSO indexes. It reflects the proportions across the country. Regarding the specifics the Deputy mentioned around the apartment piece, we did not extract that specifically but the survey was nationally representative to make sure the results reflected the national sample of rental properties and landlords and tenants in the sector. I can provide further information on that methodology.

Are people wanting to get into the rental market just in Dublin, for example, because they are getting a high market price? Then there is a certain market price in Limerick or Clare with different returns. As you go out of the cities, how many are dropping off within the county areas or within the town or village areas because of what they face with infrastructure and things like that? Those types of data would be very helpful to the committee. The Government has said we will have housing for all, not just in populated or money-making areas where there are higher rents and yields. Funding for people to build apartments was going to higher properties within the higher populated areas such as Dublin and other areas. It did not cover all the country.

Ms Caren Gallagher

We have those regional differences in the main study. The landlord exit study is much smaller but there are those regional representations in the original study and there will be regional commentary and analysis in this study. We can pull out the 2021 outputs that will be relevant to the Deputy.

Mr. Tom Dunne

The Deputy makes a good point. If we look at any property market or market for rental, when we get down to difference in spatial issues within a city and issues around a country that is quite diverse, and we have one big city, a couple of other smaller cities and then large country towns, the issues are very different in those. It is only when we get the details. This is one of the reasons we are very happy to see annual registration. With annual registration, we should be able to start throwing off disaggregated details in order that we can examine what happens in a big market like Dublin and a smaller market elsewhere. I would go so far as to say that the policy solutions need to be conscious of that. That is a matter for this institution.

It is one of the reasons I joined this committee. The Joint Committee on Housing, Local Government and Heritage is very interesting because we all have different and diverse backgrounds that add into the committee, which is very good. The committee probably listens to me talking a lot about rural areas and the lack of infrastructure. I believe the information the RTB has can show a full picture. Then, when we look at making different legislation and regulations, it will cover the whole country and work for everyone rather than working for one sector people usually look at, which is the capital. Therefore, we want to spread out and represent the national interest.

Mr. Tom Dunne

I will finish on that. As Mr. Byrne said earlier, the board is neutral on policy. We are not there to devise the laws or the policy. It is up to this forum.

The RTB has the information and statistics, however.

Mr. Tom Dunne

Our job is to provide the information to allow the committee to make the kinds of cogent arguments it needs to make to supply its policy perspective. That is the job of the board.

Okay. I thank Mr. Dunne for that.

I thank the representatives from the RTB for appearing before the committee and for the information they provided. I want to ask about the cohort of landlords who are not registered with the RTB and who may be in breach of legislation or standards or may have complaints made against them. When a complaint is made against them, the RTB will not investigate if the tenant or renter does not have proof of the landlord's address. That is a very high threshold for renters to meet. In most cases, renters will not have the landlord's address. The landlord does not usually provide that. In the instance where the renter does manage to find the address of the landlord, that can take months of work and be very hard to do. That process means most renters will give up rather than pursue the complaint. If they meet that threshold, however, what threshold of proof does the RTB seek for proof of address of a landlord? What does it find acceptable? What will it not accept? I ask because it is a real issue that is affecting renters when they engage with the RTB. They are coming up against difficulties on this.

Mr. Niall Byrne

There are probably two aspects to the question as I understand it. One is probably with regard to a situation where a tenant has a dispute with a landlord. The other is related but probably separate where somebody makes a complaint to us about potential improper behaviour by a landlord and how we follow up on that.

I take the Deputy's point about this issue with addresses. I have discussed this with my colleagues. Why is it not possible to find an address for a landlord? Why would a situation obtain whereby a person would not be able to have his or her rights vindicated by a body like the RTB because an address cannot be found? I do not regard that as an acceptable situation. That needs to be addressed.

As I mentioned earlier with regard to our new strategy, one of the things to which I am very committed is calling out a number of these issues that relate to the RTB's effectiveness as a regulator. Originally, the RTB was set up to be a disputes resolution body. It also registered the tenancies in order that there would be knowledge about what the actual cohort of tenancies to be regulated consisted of. The RTB was not a very proactive type of regulator, however, and it did not have a range of appropriate regulatory powers. Some of those have come to us in recent years, but much of this is still underdeveloped in the face of some of what we face externally.

The reality is that most people are good tenants and the research shows this. Most landlords are good landlords. That is very important. Members of the committee have said this already and it is important we say this for the public record. Unfortunately, there are a small number of both parties who do not meet that high standard and cause significant difficulty for each other and for other people. I am very keen we would develop our regulatory approaches, methods and strategies so that we are much more proactive. I am very keen we would take a proactive approach towards something like finding out an address. As far as I am concerned, it should be possible to find the address and we should do that. If we do not have powers to do it currently, then we should ask to acquire those powers.

I very much welcome Mr. Byrne's comments. That is very important. The reality at the moment is that not only does the RTB not assist with finding an address, all of that burden is also put on the tenant or renter. Then, when they find the address, they can still encounter problems with the RTB maybe not accepting that address and the threshold of proof it is looking for.

For example, I am aware of situations where the investigations part of the RTB accepts an address and carries out an investigation for which a finding might be made. Then, after all that and after months of work and persistence by a renter pursuing this, the enforcement section of the RTB says it will not accept that address or threshold of proof. One section of the RTB has already worked with that address. The investigations unit accepted that address and findings have been made and then it is back to square one for the tenant or renter when the enforcement section says it will not accept the proof of that address. This is an incredibly frustrating situation for people to be in. It really frustrates the entire process.

Mr. Niall Byrne

I acknowledge the frustration. We do not want to be the kind of regulator that looks like the left hand does not know what the right hand is doing. At the same time, sometimes there are differences and sometimes the proofs required on one side are different from those required on the other side for the purposes of criminal enforcement versus civil enforcement, which is what we do on our investigation side. I absolutely take the point. I am aware of it. I do not regard it as acceptable. We are committed to resolving that kind of issue as a matter of priority.

It would be useful if, after the meeting, Mr. Byrne could provide in writing more information about those thresholds of proof and what the differences are that the RTB has to operate under. If that is a reality, it is important that people at least understand it and then we can see whether there are measures that can be taken to improve or address it.

Mr. Niall Byrne

We can do that. I agree with the Deputy. It is very important that people understand the rationale for some of these things. If things do not make sense, sometimes there is a reason they are like that. Other times, they just do not make sense because they were not picked up by people like us and were not remedied at an early stage. We will come back to the committee on that. Is there something to add on the investigation aspect?

If someone has made a complaint and the investigations unit has taken it up and findings have been made, then surely this is the same complaint at the point it is passed over to enforcement unit, which should accept the same threshold of proof. If the Garda accepts something as proof of address, for example, why is the enforcement section of the RTB not accepting it as proof of address? Why does a section of the RTB seem to have some standard it cannot explain to people? Why is it beyond where any other State agency seems to be in terms of accepting addresses? It appears to renters as if the RTB is not interested in helping them resolve the issue when it gets to that point.

Mr. Niall Byrne

I am subject to possible correction on this but I think the issue is that it is about the service and standard that is required for the service of papers, possibly in a criminal situation as opposed to how we would follow up with a civil matter, which is what our investigation and sanctions section does. It is organised. There are different approaches under the one organisation. Again, that is something that needs to be brought together, rationalised and supported by more coherent legislative provisions that avoid this suggestion there are two disparate dimensions to the RTB, which there are not. From a strict legal standpoint, however, sometimes that can occur. I will ask my colleague Ms Crimin to comment on the investigation side and that point about addresses.

Ms Lucia Crimin

If I understand the Deputy, and he should please correct me if I am wrong, when he speaks about enforcement, is he speaking about the enforcement of determination orders? As Mr. Byrne indicated, that is a completely separate process under the Act. I completely appreciate the perception from the public's viewpoint of why there may be differences. I can speak on the process adhered to by the RTB in respect of investigations carried out under Part 7A of the Act. Those investigations are carried out by authorised officers, who have very distinct powers provided to them under the Act.

Those powers are live and valid once an investigation has, in the first instance, been approved and then commenced. The first step of any investigation taken under Part 7 by an authorised officer is to establish the identity of the landlord because the second step of the investigation is to put that landlord formally on notice by way of a notice of investigation. That is explicitly provided for in the Act. The authorised officers go through quite a process to identify who the landlord is and his or her contact details. In some cases that is quite straightforward and in other cases the authorised officers have to use extensive powers to do that.

Without repeating what Mr. Byrne has already said, there are differences in the two processes provided for under the one Act.

I have one final question. How far do these authorised officers go to establish this proof of address which has already been established in previous proceedings? Why do they then tell the renter who has made a complaint that if he or she does not sort out this issue around the address, which as far as the renter is concerned is already sorted out, they are going to close the case and the file in the following number of weeks? Why are people told that?

Ms Lucia Crimin

Is that referring to dispute application?

I am referring to enforcement proceedings after determinations are made. People will have gone through that entire process and are then told by the RTB that it will close the process in the following number of weeks if it is not satisfied with the address side of things.

Ms Lucia Crimin

I understand what the Deputy has said. Unfortunately, I am not in a position to answer that on the basis that I just do not know. My apologies.

Mr. Tom Dunne

I understand the Deputy is referring to beyond that date.

I wish to clarify that, resulting from these meetings, the committee will put a report and some recommendations together which have arisen from the contributions of our witnesses and of others.

I thank the contributors both for their opening statement but also for the very interesting findings of the survey they did with landlords. It is funny when we talk about things like this because political differences very much show up, particularly when it comes to landlords leaving the market. My focus is not to try to ascertain why landlords are leaving the market but rather to ensure people who are renting have availability and access to both secure, affordable rentals, and that is the position we should be coming from.

I wish to gather information on the turnaround time for disputes. New changes to the residential tenancies legislation mean that if landlords, for example, give a notice for eviction and do not sell within nine months, they have to offer that tenancy back, but I know some tenants who feel they have not been offered the tenancy back or that they have moved on and found somewhere else at that stage. In effect, this change makes no difference for them. What, therefore, is the turnaround time for disputes, especially where it relates to evictions either on the basis of intending to sell, moving a family member in, or substantial renovations? One of the things that is clearly emerging is we simply do not have enough good data on the private rental sector in Ireland on numbers, breakdowns, unregistered tenancies, the type of tenancies people have, what people are looking for and where the demand is.

Do we have any indications of how many people in the private rental sector who are registered with the RTB are accessing payments through the housing assistance payment, HAP, the rental accommodation scheme, RAS, or supported State tenancies? Where a notice to evict is served, is there any engagement with local authorities or does the Residential Tenancies Board consider, outside of the legislative framework, that there could be engagement with local authorities in asking a question on the form for the RTB and the RTB then contacting the local authority to say a notice to quit has been served at the RTB and the person in question is a HAP or RAS tenant or whatever the case may be?

Have any comparative studies been done? There is the dispute resolution role of the RTB, there is the registration role, and there is the data-gathering role of that body, but there is also probably scope for an informed policy role for the RTB. I understand the body cannot formulate policy and it can give information, but what about comparative studies on EU tenant rights and other regulatory systems that are in place in the EU, together with other rights renters would have in the EU which we do not necessarily have in Ireland? Will our contributors give us a sense of what other communication takes place specifically within a European Union context, or within other regulatory frameworks, that the RTB consider might work well in Ireland?

Mr. Niall Byrne

I thank the Senator for the questions. She has made quite a number of points and we will attempt to deal with all of them. I ask her to please remind us if we overlook any part of her questions.

One thing which the Department, the Minister and the Government have committed to is to undertake a review of the private rental sector during the course of 2023. The Minister and the Taoiseach announced that earlier this month. The intention is to complete that review before budget 2023. We all look forward to that process and it would be an opportunity, one would hope, to surface many of the issues the Senator raises. There are quite wide-ranging policy issues, many of which are not directly relevant to the work and the responsibilities of the RTB, but they are of great public interest and importance. I understand where the Senator is coming from with the questions she is putting to us but they are for a much wider forum. The RTB would certainly hope that review would allow for all of those various aspects to be encompassed within the review, including the European comparative dimension referred to by the Senator. That is very important. We cannot really comment on that type of comparative analysis and it is not something we currently do. It is very interesting and potentially very informative. I know from informally reading various documents and reports from various jurisdictions, but it is not something on which the RTB can undertake to work directly at the moment.

My apologies, but perhaps my colleagues have taken a better note of the Senator's questions.

Mr. Tom Dunne

The Senator has asked if there are any connections with local authorities.

Mr. Niall Byrne

Yes.

My question was on evictions, HAP tenancies-----

Mr. Niall Byrne

The general point I would make is that, for the RTB, there is no such thing as a HAP tenant. There are just tenants and landlords. It is very important to make the point that we are neutral and are not concerned with how a tenancy is funded or with the structure or corporate structures and underlying funding. Essentially, that relates to the landlord or the property owner. We do not have a responsibility in respect of that.

I understand that, but could that be something the RTB does? One of the things all of us across the board on this committee were agreed upon was the introduction of the eviction ban and that there was a real need to inform local authorities in this regard where, for example, somebody might be going into homelessness, because the local authorities might only be told about it when the person would make contact with them. Is that something the RTB could do as a matter of course, where it could take note where a tenancy is a State-supported one and inform the appropriate local authority, particularly if there is a risk of homelessness from that? Is that something the RTB could do?

Mr. Niall Byrne

That is something that would need to be looked at by the Department. It is not directly one for our board because, as I was saying, our job is to ensure the conditions are in place for the tenancies to be successful, both for the tenants and for the landlords. On these other dimensions, which I accept are very important, I understand the welfare dimension of what the Senator is saying and we all equally understand real people are involved here. We do not want to come across as anything other than concerned public officials who are very concerned about the public interest, but in terms of us making commitments to that here and now, it must be noted that it is a complex system within which we work.

The local authorities have their responsibilities. They are the housing authorities. We are not, we have insights and information. We might have early notice concerning some of these situations, and this may be what the Senator is pointing to, but to go beyond that by way of comment on this aspect might not be the most helpful thing for us to do. We do understand the point, however.

As I said earlier, this is a complex sector. There are many players, actors, moving parts, relationships, dependencies, interrelationships, etc. Equally, various arms of the State are involved. It is the case that the State does not always get its act together in the best kind of way. Public bodies often so not co-operating in the best kind of way. I am very much in favour of streamlined and joined-up government, but, at the same time, I must be clear about the role, function and responsibilities of the RTB as currently set out in legislation and ensure that we prioritise those. If the committee were to write to us on this issue, among other matters, we would obviously give it all due and careful consideration.

Senator Moynihan, can consider that-----

On turnaround times for disputes, what is the turnaround time where someone has been served a notice to quit? Where there are findings against a landlord, do tenants end up being back in place? What has been the experience in this regard? I accept that this is a recent change, but I would like to get a sense of where the RTB is with this measure regarding its work ability.

Mr. Tom Dunne

Off the top of my head, it is nine weeks for remediations. There is another figure I cannot remember. There is a figure for this.

Mr. Niall Byrne

Yes. We do publish data on this aspect, but one of the things we want to do during early next year is to publish better information on this area, closer to real time, on the turnaround times on disputes. A range of turnaround times apply across the different types of disputes we have. This can vary from an average of about nine weeks and out to 16 weeks or-----

I am sorry, but I will have to cut Mr. Byrne short. We have reached the ten minutes with this slot. We have been running to this length of time with every slot, so I think it is only fair to let everybody have a ten-minute slot. I call Senator Cummins.

I thank the witnesses for being here. This is a useful exercise. I will start where Senator Moynihan finished. The timeline from when a dispute is raised to a determination being made was about to be outlined. What is the length of time from the initial dispute being raised to a determination being made?

Mr. Tom Dunne

It depends on the nature of the process and whether people go for mediation, adjudication-----

I am interested in this matter, so please tell me the details.

Mr. Niall Byrne

I have the indicative figures here. If we are talking about average figures, I am looking at the performance for 2022 and trying to give the Senator real-time, or close to it, information.

Mr. Niall Byrne

The average time for mediations to be completed is around nine weeks. This is an average, so it is longer with some cases. It is, though, about nine weeks.

What is the shortest length of time and the longest in those figures? I presume Mr. Byrne has this information there.

Mr. Niall Byrne

Some cases could run to more like 15 to 16 weeks.

What would be the shortest?

Mr. Niall Byrne

The shortest might be about 12 weeks.

That was for mediation. In terms of the other areas-----

Mr. Niall Byrne

That information was for mediations, which is the less adversarial and more informal approach to dispute resolution. For adjudications which are more, "legalistic" might not be the right term, but which are somewhat more formal and based on submission of evidence, in those cases we are looking at longer timeframes because the submission of evidence takes longer and there is more toing and froing regarding facts. The average in those cases can run to around 20 weeks, but in more complex cases the process can run out to about 28 to 30 weeks.

And the shortest?

Mr. Niall Byrne

The shortest is not really much less than about the 26 weeks.

This ties in with the point made by the IPOA and IPAV. It is borne out in the RTB's research as one of the frustrations among landlords. I refer to the difficulty - obviously with the preface that most tenancies are not in dispute, and we are only ever talking about a small number in this context - regarding those that do end up in disputes. These timelines for a landlord or a tenant can be quite problematic. In the case of a tenant with a problem landlord, that kind of situation can cause untold difficulties. In the case of a landlord with a problem tenant, it could likely mean being left without rent for the time the process takes, which can be problematic as well. The determination order only starts the process for landlords, because they have to get implementation of that determination order, which is another bone of contention here. My questions follow on from this context. How many staff does the RTB have now, directly?

Mr. Niall Byrne

At the moment, we are sanctioned to have 109 staff.

How many are in post?

Mr. Niall Byrne

When we have vacancies, our approach is that we fill those temporarily through agencies. We always, therefore, try to maintain our complement close to the figure of 109.

The staff number is 109.

Mr. Niall Byrne

There are always a few posts not filled, but we are in or around 100 staff now.

What percentage or number of those 100 staff are involved in the disputes area?

Mr. Niall Byrne

It is around 35 or so. Some of this work is also done by our outsourced service provider. It might have between eight and ten staff working on it, depending on demand.

Those are indirect, outside, posts then, I assume. Is the RTB's phone line operated internally or externally?

Mr. Niall Byrne

That is done by the outsourced provider on our behalf. If people ring the RTB, they will talk to our outsourced provider.

What level of staffing is there?

Mr. Niall Byrne

On the disputes side, that provider has had several staff allocated to disputes-----

If I am a landlord, therefore-----

Mr. Niall Byrne

-----eight to ten.

-----and I am trying to register a tenancy now, trying to contact the RTB and having great difficulty in doing so in recent weeks, who am I trying to contact? Is it the outsourced provider?

Mr. Niall Byrne

It is our outsourced provider.

What level of staff is there?

Mr. Niall Byrne

These are the eight to ten people-----

These are the same eight to ten people.

Mr. Niall Byrne

-----that work on our disputes cases. The point to make is that this is a demand-led service; we respond to the level of demand that exists. This year, demand has increased substantially on last year. We will probably have close to 8,000 disputes by the end of this year, which is up from about 5,500 last year.

The difficulties concerning registration have been discussed, in terms of the system put in place and the difficulties there. The problem landlords have is that they have difficulties with the registration system and they cannot contact the RTB. What would Mr. Byrne say to a landlord who contacted me yesterday to tell me she had several properties, is receiving letters, in the wrong, she believes, regarding her tenancies on the annual registration. She previously had them registered as Part 4 tenancies, and she is now getting warning letters from the RTB telling her that her tenancies are due. These letters are coming in the post constantly regarding this matter, even though she is complying with her obligations. She cannot get in contact with the RTB, however,.

Mr. Niall Byrne

As I said earlier, we acknowledge there are problems on the contact side. It is not that nobody can ever contact us-----

This particular landlord that I referred to has been trying to contact the RTB for the last four weeks and has not been able to.

Mr. Niall Byrne

Yes, I am familiar with people's situations. Other people have contacted me with the same issues. Equally, though, many people do get through because the phones are staffed. I do not want to suggest that nobody is answering the phones.

The question is whether there are enough staff on the phones. Is the RTB deploying additional resources into this area in light of the difficulties being experienced?

Mr. Niall Byrne

Yes.

How many extra staff are in place?

Mr. Niall Byrne

Well over twice what we had previously assigned to the support function.

Are they in place?

Mr. Niall Byrne

Yes.

In light of the feedback the RTB is getting, and not just from me, is it considering increasing staffing again, given the continuing difficulties that the witnesses acknowledged will not be resolved until quarter 2 of next year?

Mr. Niall Byrne

We work on this constantly, including with our contracted provider, to ensure that we are getting the best service we can from the people we are paying for, they are available and deployed properly, they are answering phones, they are working through email inboxes, and members of the public who are trying to contact the RTB through those channels are receiving responses from us. There are still people who are struggling to get through to us, which is not acceptable. We have put in place various channels. For example, there is a special email channel for agents to avoid them having to contact us through the same telephone lines. We are doing a great deal of work on this. It has still not produced the breakthrough in performance that we are looking for, but that continues to be the case-----

From this meeting, can we say that additional staff will be deployed to this area so that people like the landlord whom I spoke to yesterday will be able to get through to the RTB?

Mr. Niall Byrne

We are working on it constantly and will continue to do so.

I am not hearing that the RTB will deploy additional staff to this area.

Mr. Niall Byrne

Some of it has to do with the right number of staff, some of it has to do with the right skills and some of it has to do with the right mix between outsourcing and insourcing. The RTB has an outsourcing model, but it needs to be examined carefully in the context of some of the challenges we are facing to see whether it is the best model for us.

I am not hearing that the RTB is going to deploy-----

Mr. Niall Byrne

We have more than doubled the number of staff already.

A level of eight to ten was mentioned. Does that mean the number was four to five?

Mr. Niall Byrne

No. We are on different tracks.

We are. I had initially believed that we were on the same track. What level of staffing has the phone line business? I asked this question separately, but Mr. Byrne might have misunderstood it.

Mr. Niall Byrne

I did not believe I had.

The dispute resolution side of matters was a different point and related to eight to ten staff. What level of staffing is in place on the phone lines? If I am a landlord looking to register a tenancy but I experience difficulties trying to phone, what level of staffing is in place?

Mr. Niall Byrne

This has moved into the broader registration function, all of which is managed somewhat interactively. My colleague, Ms Crimin, may have the actual number. At a headline level, we were at a level with our outsourcing provider of approximately 45 agents working on the RTB account across the board. We are now at a much higher number.

Ms Lucia Crimin

I hope these figures will be helpful. I must check the date stamp, so let us say the date is subject to clarification, but as of a couple of weeks ago, the head count in our outsourcing partner was 92. Mr. Byrne was referring to the allocation of staff working on disputes on behalf of the RTB.

The eight to ten.

Ms Lucia Crimin

The figure would be in that realm.

Ninety-two are in place on the phone line system.

Ms Lucia Crimin

Yes. We are gradually increasing that level. I do not have the exact figure, but we will be temporarily increasing it in a small way over the coming weeks in an effort to alleviate the volumes.

I thank Ms Crimin.

I note the RTB's quarter 2 improvement targets for backlogs, staff numbers and staff deployments to deal with demand. It would be helpful for the committee if we received updates on how these were progressing.

I thank the witnesses for their interesting answers to our questions.

I will revert to some of the data. This may be a question for Ms Gallagher specifically. I would be interested in her thoughts on the estimated figures for last year. There is not a straight correlation between previous and estimated registrations. Therefore, the headline figure just looks like a reduction of 43,000 in the number of private rental properties over the five years in question. Is it as simple as that or is there more to it? Will Ms Gallagher also let us know when the RTB hopes to have the 2022 figures at a publishable point? Even the quarter 1 or quarter 2 figures would be good.

I turn to the survey results relating to those landlords who are considering leaving in the next 12 months - the 15% of landlords who are likely or very likely to sell and the 10% who are likely or very likely to issue a notice to quit for use by a family member. The witnesses will not stray into policy areas, but the more research and visibility we can get around such trends, the more we would like it. In fairness, Deputy Higgins asked about sample sizes and so on. Having any datum is useful, especially independent data from the RTB. Has it plans to conduct further research? If we continue to have a disorderly exit of landlords for the range of reasons the research shows at a time when the supply of various types is not catching up, the consequence will be more homelessness. Therefore, the more data we get, the more informed we, as policymakers, can be.

In its quarter 4 report, the RTB provided data on notices to quit up to the end of last year, but it also provided data on notices to quit in quarters 1 and 2 of this year. Does it have quarter 3 data? If not, do the witnesses know when they will be publishing them and can share them with the committee?

Ms Caren Gallagher

I will go through the Deputy's questions. I hope to provide some insight. Regarding the estimate, we are going to publish the methodology so as to be open and transparent. As the Deputy rightly noted, we have not published registration data - the global figures on the private rented sector - since the end of 2020. At that point, the number was approximately 300,000.

We had to do an estimation for two reasons, the first of which was the change to the renewal period from four to six years. Inactive tenancies that would have been removed from our system after four years remained on the system. In 2021 and 2022, there were essentially no tenancies for renewal, notwithstanding the introduction of annual registration, so the inactive tenancies stayed on our database. There is a requirement for a landlord to inform us, but landlords do not always do so. It is important to note that, since the introduction of annual registration, we have been writing to every landlord asking that the landlord renew the tenancy, should it still be active. We are in the first cycle of that process. I do not know if I can go into more detail, but we used the proportion that would have been renewed in 2021 and, with visibility of some level of the inflation of the figure, applied it.

I might ask a question so that I get this right. I am looking at the 2016-21 period, or the high point to the low point. Does the dramatic drop from 2020 to 2021 reflect that there were landlords whose tenancies were not continuing but who had been captured in the estimation process anyway? If so, there was not an accelerated drop from 2020 to 2021. From 2016 to 2021, though, the figure for the overall decline is probably correct. Are these fair assumptions to make?

Ms Caren Gallagher

Yes. We are seeing a continuing trend. It is important to point out that the estimation approach is reflective of the proportion of those renewals that would have taken place. As was mentioned, we need to reach the point of having better data.

As for when we are going to see the 2022 data, an important priority for the RTB relates to providing authoritative, reliable and robust data and, as can be seen in the methodologies we have employed in our research, we strive for that. Although we are in a transition period, we wanted to give a sense of the estimation. We will not be in a position to publish data on the annual registration cycle until we get through and out the other end of the current cycle, after April next year, when we will analyse those data.

Nevertheless, when we do get there, it is going to be significantly enhanced. It will not just be the number of registrations. We are going to have visibility on the landlord data as well, which are an important piece of that puzzle, showing the number of landlords associated with the number of tenancies and the types of landlords. Importantly, and this goes to the point about landlords exiting, the survey shows the proportion of those landlords who are likely or unlikely to sell. Next year, we will see where new properties are coming into the sector. There is a churn; it is not that every tenancy is leaving. We will have a little more visibility in that regard and we fully intend to report on that.

If there is a reduction year on year, that will still be a net reduction even though new properties will have been coming in, but the types of new properties coming in can often be very different. Many of the properties that are exiting are at the middle or lower end of the market, particularly properties from the Celtic tiger period such as those Mr. Dunne mentioned, while many of those coming in are at the higher or more expensive end. Therefore, the net figure does not necessarily tell us how acute the problem is at that middle or bottom end. Does that mean the data will be able to disaggregate that such that I might be able to ask, in April or May next year, what the gross loss of single properties versus the gross gain is? Will we have that level of detail?

Ms Caren Gallagher

I do not want to make any detailed commentary in that regard but we will be able to do that. Given the nature of the system and the enhanced way of extracting the data, it could be a little later than May-----

I was just being optimistic.

Ms Caren Gallagher

-----to get everything through. We will carry out our due diligence and bring forward the information. We hope to be able to provide a more dynamic and disaggregated report and that links to the point the Deputy made about the research and data. We intend to make that information available in a timely manner.

He asked also about notices of termination. We have published this information up to the end of quarter 2 in the most recent research bulletin. There was a change in legislation. Previously, we received only certain notices but from July of this year, we are receiving all notices of termination. Obviously, that has increased the level of data and information we are getting and we are still processing that, but the data on notices of termination up to the end of quarter 2 of this year are published in our latest research bulletin.

When does the board hope to have the data for quarter 3? Will it be next year?

Ms Caren Gallagher

I am not sure. There is the data processing aspect and there is a significant level of pressure on my colleagues relating to processing that along with all the customer service requirements. I hope it will be this side of Christmas but I will have to revert to the committee on that.

My concluding point is directed at Mr. Byrne. He pointed out, as did Mr. Dunne, the dramatic changes that have been made to the legislative and policy framework. This is not a criticism of the RTB, but many of those changes have been made without adequate data, so getting to that point Ms Gallagher mentioned is crucial. Within the prioritisation of the work the RTB does and taking account of the many challenges, the sooner we can get to those higher quality data, the quicker all of us here, irrespective of our policy differences, will be able to have a conversation based on more accurate data. I would encourage as much effort as possible to go into that area because we are heading into a difficult number of years, based on the information our guests are giving us, in terms of what is happening with the sector. The better the grip that both the Government and the Opposition have on that, the better informed our debates will be.

Mr. Niall Byrne

That is one of our strategic priorities and we acknowledge that. It was mentioned earlier that we have difficulties with our new registration system, but we will come through that. One of the benefits, as Ms Gallagher was saying, is that that system is much more capable of data analysis and the collation of data and allows us to look at data from new and different perspectives-----

I apologise but we are over time. I call Deputy McAuliffe.

The points Deputy Ó Broin made regarding data and facts are important. There is a frustration among policymakers in these Houses that we do not have access to them. Various people appearing before the committee have talked about trends in the rental sector but much of it comes down to anecdotal stories and individual descriptions of how difficult or tricky it might be to provide one-form anecdotal reports about the burden of being a landlord or the burden of additional legislation and the impact that is having. There is the idea that regulation could be what is forcing people to exit the market and there is the absence of any discussion of how the increase in property prices is also having an impact on the market. For much of what we have just discussed, those data and the annual registration information would be useful, not least as it relates to new landlords entering the market and the types of new properties that are coming in. What is the international standard for turnover and what would be a normal level of turnover in respect of people exiting as landlords and the others coming in? I acknowledge it is difficult to say what is normal, but in other European countries and elsewhere in the world, what is the normal exit level and how great is the normal flow of new people into the sector? All those questions will be answered by the annual registration figures and the data. I agree with Deputy Ó Broin in that the quicker we have access to those data, the better.

The survey was fascinating. It showed that even among small landlords, 50% intended to continue to provide a stable tenancy for long periods. We often talk about the crisis in the rental sector, and people who have small, one-off landlords are often fearful they are going to arrive at any moment and issue a notice to quit, but it is heartening that half of them have no intention to sell in that short period. That is no comfort to those who do not fall into that category but it is worth noting.

The registration process involves additional fees. Does Mr. Byrne believe they will result in an increase in revenue into the organisation?

Mr. Niall Byrne

We are carefully looking at our revenue projections for next year and we are not predicting a dramatic increase in revenue for next year. We think it will be fairly stable year on year but there are some uncertainties on the revenue side because of changes that have come in relating to the registration of tenancies. This is part of what we are trying to convey to the committee and I hope it is coming across in the genuine way in which it is intended. We are in a period at the moment where, for various reasons, it is quite tricky for the RTB on the data side to look at our income, given the changes to the registration requirements, changes in legislation and the introduction of the moratorium. All those issues have a significant impact for us. Obviously, we are much more concerned about the impact for broader society, but within the organisation, all those aspects are creating a lot of issues, all of which have to be managed, with priorities to be shaped around them-----

Mr. Byrne is saying he does not expect the increase in the registration fee to result in any significant increase in funding available to the board.

Mr. Niall Byrne

It is not something we are considering at the moment. We are going to work our way into next year and carefully watch the income as we move through the year-----

Is Mr. Byrne saying the board has carried out no analysis or projection of that?

Mr. Niall Byrne

No, we have.

I will put the question again. Does Mr. Byrne believe that the increase in registration fees will result in an increase in income to the RTB?

Mr. Niall Byrne

Our income projections for next year are broadly stable on previous years. If we are here this time next year, we will know much more about the impacts of the changes of recent years and will be able to answer the Deputy's question in a more informative way.

Anybody paying an increased fee often expects the organisation they pay it to to have more resources and, therefore, that service levels will improve. Mr. Byrne is not telling me he expects additional income or that additional services will be provided to respond to the genuine examples Senator Cummins has given. He does not believe there will be a windfall of income to allow the RTB to respond in that way.

Mr. Niall Byrne

I am not planning on the basis of a windfall. If one materialises as we go through the year, we will be in a better position and can allocate resources accordingly. We got €2 million extra in the grant-----

Has the RTB done projections which it is not sharing with the committee or does Mr. Byrne genuinely feel there will be no extra income?

Mr. Niall Byrne

We are projecting on the basis of stability at the moment. Let us see how we do as we proceed through the course of next year.

I will move on to the service side. One of the most significant findings, not surprisingly perhaps, is the large-scale confusion in the regulatory environment for landlords and tenants. I think that is a fair assessment. Landlords and tenants were unsure of the regulatory environment and changes and how they might impact them. Does the RTB accept the inability to pick up the phone and speak to somebody is a contributing factor to that?

Mr. Niall Byrne

There is no question the regulatory framework is complex. There are many rules, requirements and details people need to track, and there have been many changes. That makes it difficult for everybody, including the regulator, who also has to deal with these changes.

The question was whether the lack of a phone line to call and get answers from adds to that.

Mr. Niall Byrne

The complexity is there-----

If I am a tenant or landlord, I do not know where I can find out information about the regulatory environment and my responsibilities and rights. Often they come to Teachtaí Dála, citizens information or other bodies. They should be able to pick up the phone and speak to the RTB.

Mr. Niall Byrne

We publish huge amounts of information on our website.

Given the results of the survey, that does not seem to be working.

Mr. Niall Byrne

It is probably a mixed experience for people. People can still ring the RTB, as I said earlier. It is not that the RTB never answers the phone. I would not want that to get out as a message. That is not the case.

It is a medium-term commitment to be able ring the RTB, is it not?

Mr. Niall Byrne

The responsibility to comply with the law falls on the people to whom the law applies. It is not for the RTB to explain every provision in detail to everybody.

The survey says most landlords are not full time in the business. Does Mr. Byrne not believe the RTB should be there to assist people like that and explain the rights their tenants might have?

Mr. Niall Byrne

Nobody expects to ring the Revenue Commissioners and receive an explanation of the intricacies of the tax code.

I beg to differ. The Revenue Commissioners is one of the most responsive and service-driven organisations. People can ring concerning the most complex of tax implications and of course will not get calculations on the phone but they are always able to pick up the phone and ask the question. Landlords and tenants tell us they do not understand the regulatory environment or their rights and responsibilities, and that they cannot get through to the RTB on the phone. Those two things have to be connected.

Mr. Tom Dunne

There is a couple of issues I am picking up here. The first involves separating out the issues around registration where somebody should be able to ring up and tell the board they are having difficulty dealing with the registration, there are complexities they do not understand and they need help. As Mr. Byrne said, there is an awful lot of work going on in the board to deal with that. The board cannot get involved where a landlord has a dispute with a tenant, rings up and starts asking questions about that. The board is the dispute resolution authority and has to be seen to be clinical about that. Parties make their case to the boards. I should point out it is not the board, Mr. Byrne or me; it is independent decision-makers who receive the information and make a judgment on a dispute using the law, precedent and jurisprudence.

I am conscious of time. Can I just move-----

Mr. Tom Dunne

In that area we cannot get involved. We are not an advice-giving body.

I accept the distinction. What are the call waiting times with the service provider?

Mr. Niall Byrne

Ms Crimin might have those available.

Does she have the number or percentage of dropped calls?

Ms Lucia Crimin

I am not sure I have those to hand. I would be happy to come back to the Deputy.

We are out of time on that but it is an interesting question so if the RTB has data on average waiting times, I ask the witnesses to get those data back to the committee.

I thank the witnesses from the RTB for the work they do. I understand the board's remit has evolved and is evolving, which brings many demands. I have two questions. First, according to Threshold, between July and September 2022 46% of termination notices raised with it were invalid and illegal. That is almost half of the notices it received. Since July 2022, there is a requirement for a landlord to send a copy of all notices of termination to the RTB on the same day it is served to the tenant. How did this number of legal notices get through the RTB, if it did? Will the witnesses speak to that anomaly and as to whether there is an internal problem? Is the board addressing the issue, if it is an issue?

Ms Caren Gallagher

On the requirement the Deputy mentioned, since July a landlord is obliged to send a copy of the notice of termination to the RTB. We will be reporting on those, in terms of the reasons given. On the validity of notices, subjection to correction, we do not validate those. If a tenant has reason to believe there is an issue with the notice, he or she can come to the RTB and raise a dispute on the validity of the notice with the landlord. The RTB, through the dispute resolution service, can then find the notice invalid. If it is found invalid, that will be the outcome of the dispute the tenant takes.

Mr. Tom Dunne

To be clear on that, the RTB does not have any function in taking the notice but the landlord is obliged to send to it. The RTB does not go through the notice and say it is or is not valid at that point, nor would it be possible to do that without a great deal of resources. I am not sure it would be a good idea. The tenant forms a view as to whether it is valid or not valid and takes a dispute to the board if they think it is not valid.

Fair enough. Having been a tenant in the past and knowing and representing tenants, they often do not know the law. The gatekeeper is the RTB. I have learned in recent times that you need to send them to Threshold. They are the people who know whether an injustice is happening.

Ms Caren Gallagher

The RTB is aware that, for a landlord, serving or preparing a notice can be complex. There are some full notices on our website, as well as information for tenants on their rights in relation to security of tenure and how a landlord is supposed to serve a notice. That information is on our website. I take the Deputy's point on the complexity of it but we do not have a role. We receive those and will be reporting on the data, as we have done regarding previous notices of termination we have received. As of July, we receive them all because the landlord is obliged to send them to us but we do not check the validity of them and a tenant can, in any case, bring that to us as well.

I acknowledge it would take resources but would it be valuable to tenants if it were checked?

Mr. Tom Dunne

Deciding whether a notice of termination is valid is a judicial function. It is a matter of policy but I am not sure the State would want to devolve it as a point of law to the board. The way it is done is that if tenants do not think it is valid, they take a case and that goes through the judicial process. We must remember that a notice of termination can be a very final document for tenants going to be evicted from their homes. It is a big issue and it needs to go through some sort of judicial process. It is a big decision rather than just asking an administrative function to tick a box and send it back.

I hear Mr. Dunne. I have a question on the listings of available rental properties on daft.ie specifically with regard to the new build-to-rent blocks. I know this been discussed. For example, in the case of Castle View build-to-rent block in Bluebell, Dublin 12, it was stated there were five different property types and up to 250 homes but only one apartment was listed. Moreover the recent census shows that more than 35,000 vacant dwellings were rental properties. I believe this alludes to the overarching issue of short-term lets. I understand the Government is aiming to solve this by releasing an estimated 12,000 properties that do not have planning permission for short-term letting into the long-term rental market. In the meantime what role does the RTB have in regulating the properties to ensure all available rental properties are accurately advertised and listed?

Mr. Niall Byrne

We do not have any function in advertising. That is not something that falls to us. We publish the RTB rent index which, as we explained earlier, is authoritative based on extensive data available to the board. It is analysed on our behalf by the analytical expertise of the ESRI and published on this basis. We will not comment on any other indices that may be out there. We stand over our own. What is advertised is not a matter directly to do with us. We are not in a position to comment on it. The Government has introduced provisions but it will not fall to the RTB to identify short-term lets. My understanding is that it will fall to Fáilte Ireland to register them. I hope they are seen to come onto the rental market. They would be a valuable source of supply if it proves to be the case that there many of them out there.

Fair enough. Does the RTB have data on accidental landlords? I know some people who have sold their apartments because it is the right time for them at their age to move forward and there is fear of what might be coming. During the noughties people bought investment properties. It was the thing. It is where people got their pensions. Everybody was doing it. Is there any correlation between the properties being sold and those properties getting into a position where people can let them go again and get their money back?

Ms Caren Gallagher

We can see from the data in the preliminary results that 94% of the landlords surveyed do this part time. It is not their main occupation. They have one property. Our survey is of small landlords but it is representative. We asked when they bought the properties and we can see a proportion did so in 2006, 2007 and 2008. They report that the properties are no longer in negative equity and have increased in value. We can see this coming through whereby people are divesting themselves of the properties they acquired at that point in time. They have either come out of negative equity or there has been a capital appreciation. It is a correlation we can see in the data from the survey. We are very happy to share the information we have with the committee today. We will be doing further analysis on cross tabulating and we will publish the results of our medium and large landlord surveys. Next year we will also have the results of the tenant survey. It is important that we have the experience of everyone in the sector including agents.

I welcome the witnesses from the RTB. Their work is important. I commend them on the website. It is an effective interactive website. It is clearly laid out. I had a look at it again today. It is certainly impressive. There is a mechanism for engagement on it that I quite like. It uses simple terms. It is easy to follow and understand. There are nice coloured graphics. There is more to an organisation than its website but it is reflective of a view and management structure. I picked up on this and I congratulate the RTB on it as a positive start.

I read the RTB's submission and I thank the witnesses for it. I am nearly at the end of the list of speakers and I apologise because the witnesses may have covered the areas I will ask about. Unfortunately, I had to nip out to two or three other meetings. The submission document states the RTB has recently produced default mediation to support property owners and tenants to resolve issues early without recourse to a lengthy, more formal and more adversarial process. It also states the RTB has seen that where parties choose mediation as an option there is an 80% success rate. This is a powerful message. In the statement, the board acknowledges the new registration system has created difficulties for some property owners and agents and it is working hard to address these issues.

Senator Cummins teased out some at great length. I was particularly interested in his forensic questioning because I have similar views. I have heard from other people there are difficulties for tenants and landlords getting access to the RTB. It begs the question as to whether the board is fit for purpose. I like to think it is. Clearly if people are waiting 22 weeks, five months or six months it is too long. It is particularly long for a tenant. It is long for a landlord but particularly long for a tenant in dispute. The RTB needs to address this. I would like to think that at some stage it could give us some reassurances. Based on what people have said to me they believe the organisation is not fit for purpose in its current form and I am inclined to agree with this. We have identified this so let us find out how the RTB will address it. I want to hear how it intends to address the shortcomings in the organisation in respect of timelines. It is not an issue with the processes; it is an issue with the length of time it takes to get to the process.

With regard to mediation, 80% is a high success rate. How can we encourage more people to enter the mediation process? Clearly it is a successful system. The RTB has acknowledged that the new registration system had created difficulties. Will the witnesses share with us some of these difficulties? How will the board address them? It has acknowledged it is a problem, which is halfway there.

Will the witnesses confirm that the mediation service is free? Many people do not know this and this message needs to be sent loud and clear. The RTB provides a free mediation service. There is also adjudication, which is a more formal service. Will the witnesses explain this process? Clearly we want to get people in the mediation process. I take it that it is a key objective of the RTB to get more people into mediation. The appeals tribunals are for people who are unhappy with the outcome of mediation or adjudication. They can go to this tribunal. It seems to be a longer process.

On the whole, the RTB is an appropriate, necessary and important organisation. It needs to hone in on housekeeping issues. My only concern that I have heard from people is the wait for the process and how they can interact with the service. How can the RTB address this? Will the witnesses share with us some concrete ways that it will deal with these issues in the new year?

Will the witness confirm a figure? I believe Mr. Byrne said that the RTB had a 5,000 caseload last year, and it is anticipated to have an active caseload by the end of the year of approximately 8,000. That is clearly an upward trajectory. That will make a lot of demands on the RTB's services. That is the big indicator to the board. The RTB knows there is a growing demand, and whether we like it, it will continue given the sets of tenancy and landlord issues and the difficulties there. Perhaps the witnesses will speak to that The RTB is an important organisation. It just needs a little bit of honing in to address some of the issues that were raised. I thank the witnesses for coming here to the committee today.

Mr. Niall Byrne

I thank the Senator for the positive comments about the RTB website. We are doing a lot of work to further enhance the website during the early part of next year. This is something that we do. I understand it is important as a channel for the public and for public representatives to access what we do and to get valuable and useful information on the whole area of tenancy law and practice, and how the regulatory system works.

I will start with the timeframes. Yes, the current timeframes need attention from the RTB. The board recognises this as a priority. Streamlining the current disputes timeframes is something we need to give serious attention to. We also need to give serious attention to the resourcing issues, as pointed out by some of the Senator's colleagues earlier. There are questions about this, the members are asking them, and this is highly appropriate. This is accountability and we are happy to be held to account. With the current situation, for various reasons due to the demands coming from legislative change, and the fallout and the hangover from Covid, which had a big impact on the RTB, all of those are legacy issues we are dealing with at the moment. The technology that underpins our disputes function is not the modern technology that underpins our current registration system. Even though the registration system has difficulties, it is built on current technologies, whereas the system that underpins the disputes function is based on what is now very old technology. The RTB is facing some challenges there in how we digitally transform these systems that are from the past so they can perform to a high standard in the present and into the future.

All these matters will be called out in our new strategy. Concrete commitments will be made in there. At the moment we are finalising our business plan for next year and identifying the actions we will take next year that will move us forward over the coming three years to a much better place. I do not stand over the current timeframes as any way ideal. I want to see them carefully analysed to drive out any unnecessary waste of time or loss of productivity, or whatever else it might be that would cause those timeframes to be any longer than they need to be. We are in agreement with the committee on that.

With regard to mediation, we have recently moved to a situation where we actively encourage people who come to us with disputes to default to mediation as opposed to adjudication. We know that mediation is much more effective. The vast majority of mediated agreements stick because the parties have agreed to them themselves and not through the adversarial approach that tends to underpin adjudication, but because our mediators have intervened. This is a form of mediation in the way that mediation exists in lots of areas in society. People are not forced into an adversarial encounter because the parties are engaged with. The mediators work highly effectively to mediate solutions in the vast majority of the cases. Now we say that we are encouraging default mediation. That is where we encourage people to go that way in the first instance. People can still opt for adjudication because that is their right but we try to nudge people towards mediation on the basis that four out of five cases will be successful compared with the adjudication route. It is also quicker, by definition, and it is cheaper. It is also confidential; any agreement is not published whereas the determination orders are all published that come through the adjudication route.

Reference was made to the tribunal. If a case has to go to the tribunal on appeal, it will inevitably add a lot of time. It adds, on average, 26 weeks to process. A tribunal hearing is a complete rehearing of the case. It is not just a review of the papers and of the decision. It is a full rehearing. Essentially, one is starting again at a tribunal. It will, therefore, be quite an extensive and lengthy process. This is all the more reason mediation is the route to encourage people to go to in the first instance. We are very proud of our mediation service in RTB. It is nothing to do with me as it was there long before my time. We were one of the first organisations to introduce telephone mediation. That was successful all along and it was successful during Covid because the service was not impacted by Covid. We have a strong and proud record in that area of our work. Other organisations are quite interested in that as well. This innovation of nudging people towards the much more effective route is a very important thing for us to do and a good use of our resources, which are constrained and in demand in other areas of our work. We look forward to publishing better ongoing information relating to disputes timeframes during the next year, and in our annual report for next year to talk more about the process, why it makes sense and why it is very much in the public interest.

I thank Mr. Byrne for that detailed response.

I will follow that line of questioning on mediation and adjudication. Mr. Byrne said the average time currently is nine weeks for mediation and 20 weeks for adjudication. If he could stop and start again, what would be the optimum time that he would envisage as appropriate for the mediation process and the adjudication process? I appreciate that the RTB is where it is but I am just trying to understand in my head what in an ideal world - which I appreciate we are not in - the ideal timeframe would be for both of those.

Mr. Niall Byrne

In an ideal world, and it would very much be the ideal world, a mediation case could be turned around in approximately four weeks. Whether that is achievable under the provisions we have is debatable. Ideally it would be good to be able to say to people to come to the RTB with their dispute and to try mediation in the first instance, and to be in a position to offer a mediation service with that kind of turnaround time. I believe everyone would agree that this would be ideal.

I will just make the point, however-----

I am not holding Mr. Byrne to that; I am just genuinely trying to get an idea of what would be a really scenario or space we could get to.

Mr. Niall Byrne

Four to six weeks would be very good in the cases that lend themselves to quick turnaround mediation. Contentious cases where, for example, the Senator and I get involved in a contentious argument where I do not agree with him and he does not agree with me-----

We will not do that.

Mr. Niall Byrne

That could not happen. If it was a case of a landlord and a tenant who are very much at odds, clearly a case like that has to go to adjudication, where landlord has his or her evidence and I have my evidence.

I put the same question then about that process.

Mr. Niall Byrne

With regard to the ideal timeline there, if one was able to offer an adjudication in 12 weeks even in contentious cases, one would be doing very well.

I thank Mr. Byrne for that. Reference was made to 8,000 disputes by year end.

Mr. Niall Byrne

It may hit 8,000 this year - perhaps not the 8,000 but it is certainly heading to substantially above last year's figure.

It is heading into that space. From where we are versus the ideal, what would be a reasonable turnaround? If we consider the current National Oversight and Audit Commission, NOAC, indicators for local authority performance on turnarounds and voids, we would say, "The best case is this: we are here now, our target would be to get to here in 2023, with a view to getting there in 2024."

Where does the RTB see itself in both of those frames, that is, mediation and adjudication as genuine targets for 2023?

Mr. Niall Byrne

It is very difficult to commit to those ideal targets. First, we have to do some analysis and design about the current approaches we are taking. We have difficulties with the technology. Some of this has to be enabled by better technology and that is not the case currently. There are significant investment decisions for the RTB with regard to replacing the technology that supports the disputes' process. That is on a separate platform from the registration process. Our big issue for next year is probably with regard to the timeframe and technical design of that. All things going well, we could be looking at getting 40% of cases to those kinds of ideal timeframes by the middle of 2024.

Looking at a percentage in an ideal scenario is probably a better way to look at it.

Mr. Niall Byrne

That is a progressive approach to improvement in circumstances where there is considerable complexity and many things are unknown. The process is subject to quite complex rules and procedures. If it were possible for the RTB to work and engage successfully with the Department in the interim on reform of the legislation to allow for streamlining of some of these processes to make them more efficient while still maintaining the rights of all of the parties, proper legal compliance, fair procedures etc. it would be very beneficial. There is scope for simplification and the removal of unnecessary steps in the process that, if we were writing it all from scratch now, we would not feel were necessary. That is another improvement.

If the RTB was willing to write to the committee with any suggestions it had in that space, we would be more than happy to receive them and to feed that into our deliberations which will go on to the Department. I am sure I speak for everyone in that respect.

What is the current backlog in the registration process?

Mr. Niall Byrne

What does the Senator mean by backlog?

We have issues in determining whether everyone is supposed to be covered by previous Part 4 registrations, as per the case I outlined in my initial point. With regard to those who are not registered, and the figure for those who have difficulties is unknown, is there a data set for those who are having difficulty, either agents who are trying to register multiple properties or individual landlords who may be trying to register a single property or a number of properties?

Mr. Niall Byrne

My colleague will have some information on that. Many tenancies are being renewed and new tenancies are being registered. It is not to suggest everything is backlogged and nothing is happening.

Ms Lucia Crimin

I will pick up on that point. By analysing the registration data coming through the new portal, we appear to be coming into a period of steady state almost where volumes of both annual and new registrations are coming to approximately 20,000 per month. With regard to Mr. Byrne's point, many people are coming through the system and successfully registering. We absolutely recognise and appreciate the severe frustration that has been experienced by members of the public, landlords and agents in trying to interface with our system. We have taken the feedback and listened to it very carefully. It is now inputting into the approach we are taking to make improvements to the system.

We recognise there are many of what we would call missing journeys. There is just no path through the system for a number of different types of landlords. We have a handle on those now and they will be addressed. I give assurance they will be addressed in the coming months into 2023. There is no doubt volumes are very high at present through our contracted partner. We have put in additional resources. Again, we are trying to get to a place of stability. We are using all of those data to inform how we allocate resources, both in our internal staffing and the staff with our contracted partner, to make sure we can get the stabilisation and quality of service that landlords, agents and members of the public deserve.

The automatic charging of late fees has been stopped. That is an important development to alleviate some of the pain-----

We do not have a figure for tenancies that were in place versus the annual registration side. Therefore, there is a mismatch between data sets which would indicate there are X number of tenancies in limbo.

Ms Lucia Crimin

I know what the Senator is asking. As Ms Gallagher said earlier, it is just too soon to say. We will need the full cycle of annual registration. It is hoped, towards the end of quarter 2 and into quarter 3 next year, the data will be in a much better position to answer that question.

I have one point that perhaps the RTB can take. I know the RTB only published quarter 2 of the rent index report on 24 November and its ambition was to try to publish quarter 3 by the end of the year. The difficulty with the delay is it feeds into the rent pressure zone, RPZ, deliberations. Could the RPZ extrapolate just the rent figures for the individual areas and make that data set available more quickly than the full report in order to try to inform the RPZ process in a quicker fashion?

Ms Caren Gallagher

The quarter 2 rent index came out late, as Senator Cummins has said. The other data we are processing are the notice-of-termination data with a view to making it readily available by the end of the year. We published a full technical appendix at the end of the rent index. With the major structural shift we had to our systems and data, we wanted to make sure we had gone through all of the steps to make sure the rent index was robust and the integrity of the data was maintained.

Our role in RPZ criteria is to confirm to the Minister if an area qualifies under certain criteria. We do that. The delay in the rent index was due to a variety of factors. We are trying very hard to get that back on track but it has been impacted by shifts in the data set and registration. However, we are working very hard.

The process and methodology of extracting data and the role of the ESRI in extracting data make it a very solid process. I do not think we would deviate from it because we get there through taking all the steps through that process. We will focus on maintaining the integrity of the data and getting to the end of this cycle of annual registration, catching up with regard to our timely data, because it is not ideal we are delayed, and making some of that available. We are looking to improve on that and to get to that better place where we not only have the rent index on new tenancies but the visibility on all of the tenancies in the sector.

We are working on that.

We are going to the third round as all members have had a slot. I call Deputy Ó Laoghaire, who I welcome to the committee.

I appreciate the Chair facilitating me and I thank Deputies Gould and Ó Broin for allowing me this slot. The work of the Residential Tenancies Board is crucial. At a time when so many tenants are under pressure, it is vital they have a route to accountability with regard to landlords who are failing in their duties and, vice versa, for landlords to have accountability. I will confine my questions to one particular area, namely, rent pressure zones and how they are evaluated. I understand the rate of increase of rent has to be above a particular level for two out of six consecutive quarters in a particular electoral area. In gathering the information to make that decision, is that based on the various websites? Where does the data come from to make an evaluation of the rate of increase in an electoral area?

Ms Caren Gallagher

It is four out of the six quarters where the level of inflation is over the national standardised average rent. We receive the rental data as notified by the landlord to us as part of the registration process, and that is analysed in regard to the rent index right down to local electoral area.

Is it broken down any further than that? Is it broken down to district electoral divisions or smaller Pobal areas?

Ms Caren Gallagher

No, the local electoral area is the smallest area that we disaggregate the data to.

That is the smallest area. In the case of what I believe are three electoral areas where a portion of the electoral area is outside the rent pressure zone, it has been impossible since 2019, using the data that the Residential Tenancies Board has gathered, to establish whether the rent increases have been greater than the rate determined in four of the last six quarters. Is that true?

Ms Caren Gallagher

If it is a smaller area than-----

Smaller than the electoral area.

Ms Caren Gallagher

We break down the data to local electoral area. The reason for that is in terms of the methodology for the rent index. When it gets down to that level, it is based on new tenancies. When we get down to that level, we are dealing with a small number of observations and the level is set at 30 observations. An observation is the data on the tenancy and the rental amount. That is the level below which we would redact this because, below that, it is very difficult to stand over a standardised average rent calculated on anything less than 30 observations.

I understand all of that. To be honest, my quarrel is not with the Residential Tenancies Board and it is more with the Department. This is pertinent to me as it affects an area of my constituency, but it is quite a substantial area. I am not sure if the witnesses are familiar with this but there are three electoral areas where, because they were redrawn in 2019, a portion was left outside a rent pressure zone. In my area, that relates to half of the town of Carrigaline, which the witnesses may be aware is a very substantial commuter town near Cork city and just a 15 or 20-minute drive from the city depending on traffic; Crosshaven, which again has commuters; the village of Ballygarvan, which has grown very substantially; and a number of other areas. In the intervening period, all of the electoral areas around that, going from the Cork-Kerry border right down to Barryroe in west Cork and up to the Waterford border, have been designated rent pressure zones. I do not have the capacity to evaluate or go through Daft.ie over the various months since 2019, but it seems impossible that the rate of increase in that portion of the electoral area would not have been similar to the areas much further from Cork city. It is a part of the Cork city rental market.

To me, there is an anomaly in the legislation. I have raised with the Department and the various Ministers who have held that office whether that information was gathered on the basis of areas smaller than an electoral area. From what I am hearing today, it was not. It would not have been possible and there would have been no mechanism whatsoever for that portion of the electoral area to have qualified. Is that fair to say? I am not expecting Ms Gallagher to put herself in a difficult position and I will try to put the question in the most innocuous way possible. Is it true to say that the Residential Tenancies Board does not currently have a mechanism for establishing the rate of increase in an area smaller than an electoral area?

Ms Caren Gallagher

At the moment, the rental index that we produce is gathered, reported on and disaggregated down to the local electoral area. I can make that comment in terms of how we report on the data currently. I am aware of Carrigaline and it is in that “part in, part out” piece. The role of the Residential Tenancies Board in the rent pressure zone process is very specific in terms of confirming to the Minister whether an area meets the criteria for rent pressure zone designation. We deal with those referrals as they come to us through a process by which we would confirm that against the two criteria in the legislation. In the current rent index, it is down to the local electoral area.

I have a comment for the committee and a final question. To put this in context, and I am not expecting a response on this point, this is an area that has gone from less than 1,000 people 40 years ago to probably touching 20,000 in the last census. It is a massive commuter town and everyone in that area is effectively in the city property market. It is an overwhelmingly urban area, despite being under Cork County Council, and it is the same for every electoral area bounding it. There is also the massive industrial area around Ringaskiddy and every pharmaceutical company we can think of is based there. Rents are very high. Yet, if we go south of the river in Carrigaline, which is almost half of the town, rents can increase by any amount possible and it is similar in Crosshaven and Ballygarvan, which are in similar situations.

I will finish with a simple question. I know the Residential Tenancies Board does not do this and I appreciate the point Ms Gallagher made about the imperfection of data once it gets down to a certain level. Would the Residential Tenancies Board have the ability to identify the rate of rent increase in an area smaller than an electoral area if it was asked, leaving aside the imperfections of getting down to that smaller area?

Ms Caren Gallagher

We would have to take that away, to be honest. There are a lot of factors and it is complex in terms of the size of the dataset, the number of observations and whether we could apply the methodology. It depends. We could come back to the committee in that regard. The rent index report and the analysis and methodology is very specific. In terms of the rents as reported to us, to extract those and to look at them on a small area basis would be a piece that we would have to take away. We would have to look at the feasibility of that in terms of applying a methodology to it. It is a standardised average rent that we are trying to get to. It is something we would have to come back to the committee on.

Thank you. I am grateful for that.

The committee will be doing a report based on this session and two other sessions that we had. If there is a suggestion on a different methodology or something that might be looked at for those anomalous situations, we could possibly include that in the report.

Happily, I have legislation before the House that would address this. The response I have received from the Department is that it is not necessary as there is no anomaly. Everything I have heard today suggests that is not the case and that it is for the Department to fix that. I hope I have the committee's support in regard to progressing that legislation.

We look forward to discussing that Private Members’ Bill here at a future date. We have 20 minutes left. I want to ask a question before going to Deputies Gould and Ó Broin, and perhaps Senator Cummins wishes to come back in.

I want to refer to the research that is being done by the Residential Tenancies Board at the moment.

From the opening statement I know the RTB provides policy advice to the Minister based on evidence. Has the RTB a research budget? Is there a research budget that enables it to go out and procure research based on things it wants to do?

Mr. Niall Byrne

Yes, we do. I will let Ms Gallagher explain more about it. I am glad the Chairman asked that question because I wanted to say earlier on behalf of the RTB that we have a very small research resource. One of our other colleagues unfortunately is not well today but he is our research officer. Because he is not well, we have no other research officer to come with us so it falls to Ms Gallagher. We have a very small capacity but we recognise this is an important area. There is huge interest and a big demand. One of my challenges in all of this is how to match demand and interest against the available resource and against all the other responsibilities we have. It is important to make the point that we are not by definition a research agency. However, we commission research and we have a budget for it. There is a committee of the RTB board which oversees the research activities. I will let Ms Gallagher speak about the budget and how we commission research.

Ms Caren Gallagher

In the context of that budget a proportion of that is for the quarterly rent index. We are thinking ahead to next year and the analysis we will do on the annual registration data that we will have. Amárach Research has produced this research. We commissioned the rental sector survey for 2019-2020 which was published in 2021. The outputs of this last round will be in 2023. That has been the focus of the last while. Those outputs are in lieu of the annual registration data and the insights that we will get for that are really timely and useful.

We are a small research team. It comprises myself and two others. Our core pillars are the rent index and what is going to happen in the future in regard to annual registration and the production of this piece of research. Another piece to add to that is the datahub we have been developing. My colleague Brian, who could not be here today, was very keen to explain that but he is unfortunately ill. It is trying to be more open and transparent and do small amounts of analysis ourselves where we have the capacity to do so, in order to make that data available to anyone outside of ourselves in order to use it or complete research. It is constrained and focused in terms of capacity and resources we have. We have those core pillars for the outputs.

We are going to make recommendations after these meetings. If it had greater research capability for the research budget would the RTB be in a better position to inform or advise on policy changes about the entire rental sector?

Ms Caren Gallagher

It is important to reflect that one of our functions is to provide policy advice to the Minister. In the statement of strategy we had the public consultation as well. We see data as an asset. It is about trying to get the best out of that as we go along. Without pre-empting, as Mr. Byrne said there is a process through which we are going in regard to that statement of strategy and data, insights and policy will form a core part of that. To follow that then is a structure and the RTB is moving to realise the potential of all of that.

I have a follow-up question which Mr. Byrne or Mr. Dunne might pick up on. It concerns that statement of strategy for 2023-25. The RTB is almost 20 years in existence. The rental sector in Ireland has changed considerably over that time. There is a greater number of rentals as a proportion of home ownership than there would have been 20 years ago. I think I am reading the data right in that way. If I can compare that with our planning system from 2000, approximately 20 years ago, that is going through a substantial review at the moment. Has the RTB evolved in line with this? Are we at a point now where we have to say there are many structural changes that may have to happen that may require greater budget, greater resources and greater research capacity? Is that the direction of travel to benefit policymakers, those rent and those who are landlords and property owners?

Mr. Niall Byrne

The short answer would be "yes" in the sense that the world has been changing and whether all our institutional arrangements including the RTB have changed alongside that. The reality is they have not. The world moves along and organisations are not always, probably rarely, moving at the same pace as the external world for many reasons, even though we would all wish it were different. There is always a lag. I believe a transition is happening for the RTB. It is under some pressure. We talked about that today. That is not because people in the RTB are not concerned about high performance and high quality service to the public. The organisation has been striving to deliver that but against a very difficult background of long-term under-investment in the organisation in the past. In fairness that has been remedied more recently but probably because the RTB was not seen as a particularly important public body. It used to be much smaller than it is currently. The expectation, the demand, the role and the contribution have expanded massively. The organisation is struggling still. By this time next year we should have moved through some of that struggle but right now, for the past couple of months, we have struggled with some of those demands and expectations.

More broadly, as mentioned earlier the Government plans to commission a review of the private rental sector during the course of the coming year. That will be an opportunity for the RTB and many other stakeholders to engage in some discussion about what Ireland wants from the sector and what kind of institutional arrangements should be in the public service to oversee, regulate and provide high-quality data analytics based on high-quality information that is close to real time that can inform what we all wish to see, namely high-quality policy-making as a result. It would be good to think we might be on the cusp of that as many of us involved would very much welcome that and would be very keen to be part of influencing that change agenda.

Mr. Tom Dunne

May I add to that? When the RTB was created under the Residential Tenancies Act 2004 it was a big statement by the State to take the resolution of disputes in the landlord and tenant area away from the courts and give them to a new body. That was done for the simple reason that going through courts was often traumatic for tenants and for landlords, it took a long time and it was often difficult to access the courts. The legislation was set up and drafted against some 160 or 170 years of landlord and tenant law. It is very complex. One thing that would help is if this review of the legislation could be undertaken by the Department to simplify some of the procedures and some of the stuff that the board has to do in order to get through its dispute resolution processes. That in itself would free up resources for other activities. The other point I would make is we could look at what information could be shared with other bodies such as local authorities. We have to be empowered through legislation to do that and other bodies have to be empowered through legislation to do it. If those things could be done I think the RTB could be more efficient and effective in its operations.

I thank Mr. Dunne and call Deputy Gould and then Deputy Ó Broin.

I thank the witnesses who have had a long day. It has been non-stop for the past three hours. It has been very interesting. I have had to pop in and out between the Chamber and the committee. However, I have been listening.

There is no doubt the work being done is very important. There is also no doubt we can do more to support that work. More needs to be done in relation to tenancies and the RTB as a whole. Councillor Mick Nugent, a Sinn Féin councillor, asked Cork City Council about the 70% of rental properties failing the first inspections. Do the witnesses see that mirrored in the mediations and adjudications that come before the RTB? What can be done to reform the Residential Tenancy Act 2004 to improve the quality of rental properties without losing any more landlords?

Mr. Niall Byrne

As the Deputy probably knows, local authorities are responsible for the inspection against the standards for rental properties. That is done by the local authorities across the State against specific standards that have been drawn up. The RTB does not have a direct involvement in it. It turns generally turns up in the disputes function under the heading of standard and maintenance of dwellings or sometimes under breach of landlord obligations. Roughly one in five of the disputes that come to us would have some kind of standards dimension to them. I think I am correct in that. Landlord obligations sometimes comes in under that heading as well.

To go back to a point my colleague, Deputy Ó Broin, made at another meeting, it was about having an NCT for landlords in place beforehand and making it very reasonable. This figure of 70% failure at the first inspection in Cork is unacceptable. Now, because more and more inspections are being done, landlords who either do not have the resources, or who are unwilling to carry out the inspections, are giving notices to quit. We do not want to see that happening but at the same time we do not want to see people living in sub-standard accommodation either. An NCT in advance would eliminate much of that, or at least reduce it dramatically. Would the witnesses see that happening?

Mr. Niall Byrne

That proposal, an NCT for rental properties, has been advanced by Threshold and some of the other advocacy organisations. The idea is that the landlord would have some suitable person assess the property and on the basis of that it would be deemed good enough or not good enough to come on the rental market. It is an interesting idea. We are all interested in high quality accommodation. Nobody should be living in sub-standard or overcrowded accommodation.

The difficulty with the current standards regime is that it is very much a pass or fail system. If there is one item that is at odds with the standards, the entire property fails. Some of us have experience of other regulatory regimes, carrying out inspections against other kinds of standards and regulations. Normally, one operates to a system of fully compliant, compliant, substantially compliant, partially compliant or non-compliant. It is on that basis that one tries to regulate areas that are governed by regulatory standards of different kinds. The current standards regime is very black and white. For example, the absence of a working microwave means the entire property fails. That is easily remedied but if a property has a lot of damp and mould, those things are very difficult to remedy. However, it might not even be seen on an inspection. It might only turn up later as an issue for the tenant. Then it comes in to us as a dispute.

It is a really important area to draw attention to and very important for the committee. It is not directly a matter for the RTB. The RTB would support wider reform of the current standards regime and perhaps the introduction of a more nuanced approach but which maintains a very strong focus on the outcome for the person who is living in the property. The current standards are highly prescriptive. They are drawn very tightly and I wonder whether they always capture all of the subtle issues that arise in a property which mean it good enough or not good enough for the people who live there.

We are hoping to compile a report and make recommendations. I have heard a lot about and there was a comment today about the RTB's small research capacity, or it being out sick today. In some ways, it is amusing but when one looks at the job of work the RTB has to do to have its resources that tight, that say to me that it is not getting enough resources in terms of funding and staff. The work the RTB does and the information it gathers is very important. My office has been in contact and it was discussed earlier in relation to the delays. Hopefully, we will see big improvements in this regard in the new year. From a funding point of view, please let the committee know what is needed. We will do everything we can to support it.

Compared to other European countries that have similar bodies, is the RTB on a level playing field with those regarding powers and resources? In Germany, if a tenant makes a complaint against a landlord, the rent could come down until the property has been improved. The level of rent increase is very low, less than 1%, I think. In Germany, they have good quality properties, with good supports for landlords.

Most of the committee fully understands the value of the RTB. Many of us are vocal advocates of it. We are unique in having a non-judicial body for mediation and dispute resolution. That is a very good thing. I think the RTB often gets wrongly criticised for inadequacies in the legislation or the resourcing. These are not ultimately matters in the RTBs control.

I will make a couple of concluding comments and then I have two specific questions. On the question of the rent pressure zones, RPZs, I think there is a solution to that which is, in general, going down to the district electoral divisions, DEDs, does not make any sense for the reasons Ms Gallagher outlined. However, anomalies can happen in commuter belt counties which are a heavy concentration of urban in one end of the local electoral area, LEA, and a heavy concentration of rural dispersed in the other. In those small number of instances, a DED or a combination of DEDs could provide enough data. It is really rare that the rental market and the LEA boundaries are not contiguous. We had it with Limerick and Waterford. Unfortunately rents rose so the LEAs were incorporated.

There is a requirement for a change in the legislation to give the RTB the flexibility to say this portion of the LEA should be included when an assessment of one or more of the DEDs gives the board sufficiently robust data. We have a bizarre situation where as a result of one local government change there is an LEA where half of it is in the rent pressure zone and half of it is outside. That is an anomaly. I think there is a fix that would satisfy Ms Gallagher's concerns.

I want to make an observation about the survey data. There is an interesting similarity between the table on page 5 and the table on page 9 where the question is asked of those landlords who are considering exiting and those landlords who have exited.

When you look at the reasons, they are not all identical but it seems that three categories of landlords in both sets of data are in a similar position. When we hear someone talking about negative equity, that speaks to the idea of the accidental landlord; or those who never bought a property to be a landlord, but got trapped in negative equity as their family size changed. It is important to understand that these people are leaving, no matter what we do, as soon as they return to positive equity. The next category comprises those I call the pension pot landlords; or those who primarily bought a rental property not for the rental income but for the lump sum on or approaching pension age. The third category comprises those I call the semi-professionals; or those who bought a second property even though being a landlord is not their primary profession. They are generally the ones who are concerned with what they describe as over-regulation or over-taxation.

When we look at both tables, we see that approximately 25% are exiting as accidentals, approximately 25% are exiting as pension pot landlords, and approximately half are exiting because of what they believe is over-regulation and inability to make profit, etc. That is a very back-of-the-envelope read of the data. I am highlighting this because I want to make a suggestion. As the RTB further refines its research and its questionnaires, if we were able to try to get greater clarity in terms of the primary reason people are leaving we might end up with a clearer picture. Why is that important? When the IPOA and the IPAV made a strong and legitimate presentation on behalf of landlords, their fundamental ask was a lowering of the core rate of tax for landlords. However, if only 15% of landlords are thinking of leaving and if only half of those are thinking of leaving primarily because of taxation- or profit-related issues, in my view that supports the Government and tax strategy group paper that it is not the right policy approach. I am not asking for a comment on any of that. I am suggesting that a refinement in the questions asked in future versions of the survey could produce really valuable information that could really inform the policy process. I just want to float that.

We often have a conversation with the working assumption that it is inevitable and good that the private rental sector grows. We have had some really interesting testimony here, for example from Dr. Mick Byrne of UCD. He has been doing a lot of comparative analysis around what is happening in different rental markets. His analysis lends itself to asking whether we want it to grow. Our private rental sector grew at a rapid pace from the year after the RTB was formed until 2016. It grew in what was, in many ways, an uncontrolled environment. Many of the problems we are now dealing with are because of that. If our private rental sector is between 18% and 20% of the overall housing system, is that the right size? Do we want it to be smaller, given that one third of all people living in the private rental sector are social housing tenants subsidised by HAP, RAS or rent supplement? I wanted to introduce that again, not for a response but in terms of the RTB's own internal policy considerations and our considerations as a committee. The bigger question here is whether 20% is too big. Should we be looking at a smaller, much more high-quality, more efficient and well-regulated private rental sector? I am throwing that out there.

On the question of streamlining, I think the witnesses would find a very receptive audience in this committee. I appreciate that they give policy advice to the Minister, and not the committee. There is a line that cannot be crossed. To pick up on the point made by Senator Cummins, however, if they are in a position to share observations about what is and is not working in their processes, this committee would genuinely like to hear them. I encourage them to do that.

I have two quick questions for Ms Gallagher. She was saying that when the new notice-to-quit data come out, there will be something new in them. I think she said the data will cover all notices to quit. I do not know if I misheard her. Maybe she could explain that. If there is a big jump, and it is not necessarily because of an increase but because we are collecting something different, it would be useful to know that. Likewise, the more we move to annual registration, the more we are going to get an accurate picture of what actual market rents are, rather than asking rents or renewed rents. Would it be fair to say that once we get to the end of the first year of registration, the gap that used to exist between the RTB rent report and the Daft report, which has closed, will widen again because of a much more accurate picture of actual market rents? Is that her expectation of the data?

Ms Caren Gallagher

Yes, it would be. I suppose it will have actual rental data across the whole sector. I suppose the level of data will increase exponentially right across. In previous rent indices, when we had tenancy renewals in there, we saw that the rate of rental inflation was lower. You would expect to see lower rents in existing tenancies. I do not want to pre-empt anything but when we get to the reporting, I think it will be a much more expansive report in terms of that analysis. The Deputy is quite right that there is a line in the sand in terms of the notice-of-termination data, which we will be reporting up to the end of the second quarter of 2022. From July on, we are receiving all of the notices.

Just so we are clear, will Ms Gallagher explain why that change is there? What was not captured previously that will be captured from quarter 3?

Ms Caren Gallagher

We started to get notice of when the landlord was intending to sell. I am not entirely sure if that is the only notice we had. We were reporting on certain notices in certain categories up to July of this year. However, as of July of this year, the landlord is required to notify the RTB of all notices of termination. Before that, the requirement applied to some notices of termination. I am not entirely sure of all the categories, but we will see an increase because we are capturing different data, as the Deputy rightly points out.

As Ms Gallagher knows, we are the people who often put a lot of those data in the public domain, which is why we ask for it. It would be useful if the committee got a note from the RTB in advance. Obviously, we will still be able to read the data across the quarter. If we are looking at vacant possession notices to quit, for example, the RTB will be able to compare that and say if the figures are going up or down. If we knew in advance what is going to be included in quarter 3 that was not in quarter 2, that would be really good for us.

Ms Caren Gallagher

Absolutely. We will provide that data. We were notified of rent arrears notices as well. We want to make a clear distinction between different types of data so we are including different numbers across the quarters. However, we will make an absolute distinction and we are happy to provide that note to the committee.

Mr. Tom Dunne

I want to make an observation on the research function of the RTB. I think the RTB will always have a research function. Standing back from that, the policy decision that the Government or the Oireachtas has to make is whether it would be a good idea to resource the RTB to become a bigger research outfit. Alternatively, it could look at the private rental sector as part of the wider housing spectrum and give the resources required for research to another agency, like the Housing Agency.

I will respond to that. One of the interesting things that has happened recently is that an increasingly collaborative approach has been encouraged by the Department. We have the Economic and Social Research Institute, ESRI, housing section working with the Housing Agency, etc. I think there is a role for resourcing bodies with expertise to work together collaboratively. Some of that research has been the very best. I would not be arguing for anybody to take that away from the RTB.

Mr. Tom Dunne

It is a point to consider.

I have a strong view that the more independent the research is, the better. For example, we have seen that once home completion data were given to the CSO, all the politics was taken out of the matter, and now we have a really robust data set. Annual registration will do the same for the rental sector, and the RTB will develop a specialism in interpreting that data, which a generalist in the Housing Agency might not have. I am making a case for more RTB research, but in collaboration with others.

Mr. Tom Dunne

I thoroughly agree with the Deputy's statement about the size of the sector. The private rental sector is the default between people who cannot get into the social housing sector and cannot operate or get into the owner-occupied sector. It is the place where all the trouble emerges most of the time. The question of what size the private rental sector should be is a really fundamental one for housing policy. I share the view that it is fundamental to what we are doing.

We also have cost rental coming into the equation, which we did not have before. I think we would all agree that we would like to see a lot more cost rental. That brings us to a conclusion. I thank the officials from the RTB for their time. It is very interesting and helpful for us to have had this three hours of expertise and advice. We will put together a report based on this meeting and one or two previous meetings. We will issue that report and send on a copy of it.

There were requests for two things to come back to us. One is related to streamlining. I cannot remember what that refers to.

Mr. Byrne knows what that is.

The witnesses have that. The other issues were about the response time and the work that the RTB is doing on its strategy. We would be interested in seeing that strategy in draft or finalised form at another committee meeting.

The joint committee adjourned at 6.10 p.m. until 3 p.m. on Tuesday, 6 December 2022.
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