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Anti-Social Behaviour.

Dáil Éireann Debate, Thursday - 16 October 2008

Thursday, 16 October 2008

Questions (106)

Áine Brady

Question:

106 Deputy Áine Brady asked the Minister for the Environment, Heritage and Local Government the recourse open to persons (detailed supplied) in County Kildare whose neighbours are involved in anti-social or abusive behaviour; and if he will make a statement on the matter. [35212/08]

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Written answers

Action to deal with anti-social behaviour is primarily a matter for An Garda Síochána. Landlords are, however, responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act, 2004. The Act, in this regard, prohibits a private rental tenant engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour.

The Residential Tenancies Act also provides for a third party affected by anti-social behaviour to, subject to certain conditions, take a case to the Private Residential Tenancies Board against a landlord who has failed to enforce tenant obligations. The Board can direct the landlord to ensure that tenants comply with their obligation and can enforce compliance through the Courts.

A specific condition is that the third party complainant must have taken all reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned.

The Private Residential Tenancies Board may furnish to a person proposing to make a third party complaint the name and address of the landlord concerned or his or her agent. The Board may be contacted at their offices at O'Connell Bridge House, Dublin 2, or by phone or email, contact details of which are available on their website.

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