Dáil Éireann Debate, Tuesday - 10 November 2009
384 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps which are open to residents who as neighbours are subject to anti-social behaviour when the tenants of the property are supported with a rent supplement payment; and if he will make a statement on the matter. [40517/09]
View answer385 Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to address the problem of anti-social behaviour in properties whereby the tenants are supported by rent supplement payments similar to the legislation that is in place for local authority housing; and if he will make a statement on the matter. [40518/09]
View answerI propose to take Questions Nos. 384 and 385 together.
While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, in the case of private rented dwellings landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004.
The Act, in this regard, prohibits a tenant in a private residential tenancy from 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 seven 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 that a third party affected by anti-social behaviour may, subject to certain conditions, take a case to the Private Residential Tenancies Board against a landlord who has failed to enforce tenant obligations. A specific condition is that the third party complainant must have taken reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned.
I have recently announced the preliminary outcomes of a review of the Act and as part of this I have identified a number of issues that require further consideration. One such issue is that of third party complaints under the Act, particularly as they relate to anti-social behaviour matters. Details of the preliminary outcomes of the review are available on my Department's website, www.environ.ie .
