Dáil Éireann Debate, Thursday - 6 December 2012
73. Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government with the remaining provisions of the Housing (Standards for Rented Houses) (Amendment) Regulations 2009 being introduced on 1 February 2013, if landlords will be subject to a fine in examples (details supplied); and if he will make a statement on the matter. [54952/12]
View answerMinimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. Section 34 of the Housing (Miscellaneous Provisions) Act, 1992 as amended by the Housing (Miscellaneous Provisions) Act 2009, provides that any person who by act or omission, obstructs an authorised person in the lawful exercise of the powers, or contravenes a provision of, or a regulation made under, section 17, 18 or 20 of the 1992 Act, or fails to comply with an improvement notice, or re-lets a house in breach of a prohibition notice, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both. If the obstruction, contravention, failure to comply or re-letting is continued after conviction the person is guilty of a further offence and is liable, on summary conviction, to a fine not exceeding €400.
All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.
The Residential Tenancies Act 2004 provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board (PRTB). The Act provides for minimum entitlements in relation to security of tenure based on four year tenancy cycles, known as a Part 4 tenancy. The Act also sets out the grounds for the termination of a Part 4 tenancy. However, the Act does not preclude a landlord giving rights to tenants in a tenancy agreement in addition to those provided for in the Act. Where additional security of tenure rights are given to a tenant in a tenancy agreement, the termination of those rights will depend on the terms of that agreement. The parties to a tenancy may refer any matter relating to the tenancy , in respect of which there is a dispute between them, to the PRTB for resolution.
