I propose to take Questions Nos. 385 and 386 together.
The Housing (Standards for Rented Houses) Regulations 1993 prescribe minimum physical standards of private rented accommodation, including maintenance of dwellings in good repair, and require common areas, yards, forecourts and items such as walls and fences to be kept in good repair and clean condition.
Housing authorities are responsible for enforcing the regulations, including inspection of premises, notifying landlords of necessary improvements and, where appropriate, instituting court proceedings. Conviction for an offence in respect of accommodation standards carries a fine of up to €1,270 and up to €127 for each day of a continuing offence. It is proposed to update these penalties under the Residential Tenancies Bill, which is currently before the Dáil. That Bill also prohibits landlords taking retaliatory action against tenants who make complaints to public authorities. It is proposed, in tandem with the operation of the new legislation, to undertake further action to promote improvement in standards of private rented accommodation, including measures to maximise the effectiveness of enforcement.
Where a requirement of the standards regulations is not complied with, the housing authority can have any necessary repairs carried out and recover the cost, which may be secured against the property, from the landlord. Housing authorities also have further powers to require the repair, closure or demolition of houses that are unfit for human habitation.
The Litter Pollution Act 1997 requires owners of residences let in two or more dwellings to keep areas visible from a public place free of litter. Local authorities are responsible for enforcement of this legislation, which carries a fine of up to €3,000 on conviction for an offence and up to €600 for each day of a continuing offence.
The registered owner of property, including rented dwellings, can be ascertained from the Land Registry. Complaints relating to the standard or condition of particular properties can be made to the relevant local authority.
Action to deal with anti-social behaviour generally is primarily a matter for the Garda Síochána. The Residential Tenancies Bill prohibits tenants engaging in anti-social behaviour in, or in the vicinity of, dwellings to which the Bill applies. It allows landlords to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour with a notice period of only seven days in the case of serious anti-social behaviour or 28 days in the case of less serious, but persistent, behaviour. The Bill also obliges landlords to enforce tenants' obligations where a person, such as a neighbour, would be adversely affected by a failure to do so. It gives third parties that are affected a right to take a case against a landlord who has failed to enforce a tenant's obligations to the Private Residential Tenancies Board, which will be established under the legislation to deal with disputes in the private rented sector. The board can direct the landlord to ensure that the tenants comply with their obligations and if necessary, enforce compliance through the courts.