Dáil Éireann Debate, Tuesday - 11 May 2004
383 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government if landlords must register their properties with their local authority; if so, if there is a registration fee; the areas to which such money is allocated; and if he will make a statement on the matter. [13363/04]
View answer384 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government the steps a local authority may take against a landlord who has failed to register his rented property; and if he will make a statement on the matter. [13364/04]
View answer387 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government if a landlord must supply a tax clearance certificate when registering a property or properties with their local authority; and if he will make a statement on the matter. [13367/04]
View answer
I propose to take Questions Nos. 383, 384 and 387 together.
Landlords are required under the Housing (Registration of Rented Houses) Regulations 1996, to register with the local authority private rented accommodation to which the regulations apply and pay a fee of €50 per annum in respect of each registration application. Registration fees are payable to the housing authorities in respect of their functions under sections 17, 18 and 20 of the Housing (Miscellaneous Provisions) Act 1992 relating to rent books, standards and registration of private rented accommodation.
Housing authorities are responsible for enforcement of the registration requirements and conviction for an offence of contravening the regulations carries a fine of up to €1,270 and €127 for each day of a continuing offence. Landlords do not have to furnish tax clearance certificates in order to comply with the legal obligation to register.
The Residential Tenancies Bill 2003, which is currently before Dáil Éireann, provides that landlords must register details of their tenancies with a Private Residential Tenancies Board and provides, accordingly, for the repeal of the 1996 regulations. This board will proactively pursue compliance and unregistered accommodation will also come to notice when tenants bring cases to the board. Landlords must be registered in order to avail of the board's dispute resolution service and a double fee will apply to late registrations. Conviction for an offence under the legislation, including contravention of the registration requirements, will carry a fine of up to €3,000 or imprisonment for a term not exceeding six months or both, along with a daily fine, of up to €250 for continuing non-compliance.
385 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government the steps a local authority can take against a landlord who is neglecting their property or ignoring the anti-social behaviour of their tenants and if he will make a statement on the matter. [13365/04]
View answer386 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government if a law-abiding resident is entitled to know the name of a landlord who is neglecting their property; and if he will make a statement on the matter. [13366/04]
View answer
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.
