Written Answers Nos. 139-146
139. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the measures in place for residents to deal with anti-social behaviour in housing estates; and if he will make a statement on the matter. [13213/13]
View answer148. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if he will clarify the proposals regarding anti-social behaviour by tenants which include landlords being prosecuted by the Private Residential Tenancies Board in cases when tenants misbehave inside or outside the property; if such proposals are to be handled as civil or criminal cases; if will confirm the authority of the Garda in such cases; and if he will make a statement on the matter. [13389/13]
View answerI propose to take Questions Nos. 139 and 148 together.
Housing authorities have a range of statutory housing powers to assist them in tackling anti-social behaviour in their housing stock. These powers include the power to refuse to allocate, or to refuse to sell, a dwelling to a person engaged in anti-social behaviour and the power to seek a court order excluding a person engaged in anti-social behaviour from entering a local authority dwelling or estate for a period of up to 3 years. Each housing authority also has a statutory duty to adopt and review an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock, which must provide for co-operation with other relevant bodies, notably the Gardaí, who have a range of measures in place to deal with allegations of such behaviour generally.
I intend to commence section 29 of the Housing (Miscellaneous Provisions) Act 2009 this year and to make the necessary regulations to give effect to the Programme for Government commitment to introduce probationary tenancies for all new social housing tenants, which will include provision for termination in the event of anti-social behaviour.
Proposals for new housing legislation currently being developed in my Department will include a revised procedure to replace section 62 of the Housing Act, 1966, which will be designed to enable housing authorities to recover possession of their dwellings from households engaged in anti-social behaviour. I am also examining the scope for making the excluding order powers of housing authorities more effective in tackling anti-social behaviour without having to evict entire families from their homes. In the context of the new legislation, I am giving particular consideration to the issue of anti-social behaviour in the arrangements to be made for transferring responsibility for rent supplement households with an established long-term housing need from the Department of Social Protection to housing authorities.
The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords in the sector and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations, as necessary.
While action to deal with anti-social behaviour is primarily a matter for An Garda Síochána in terms of private residential estates and complexes, under section 15 of the Residential Tenancies Act 2004 a landlord of a dwelling owes a duty to enforce the obligations of the tenant to each person who could be potentially affected by the breach of those obligations.
The Act specifically 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. This termination is 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.
Section 77 of the Residential Tenancies Act provides that a third party who is directly and adversely affected by anti-social behaviour may refer a complaint to the PRTB against a landlord who has failed to enforce tenant obligations. It also allows the PRTB to furnish the name and address of the landlord concerned to a person who proposes to make such a complaint. However, 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 before referring the complaint to the PRTB.
The effectiveness of these provisions was clearly demonstrated in a recent case taken in Cork against the landlord of two properties, the tenants of which were found to be engaging in anti-social behaviour. A group of 13 residents took a case to the PRTB and were awarded combined damages of just under €30,000 against the landlord for his failure to address the behaviour of his tenants.
The above provisions are being kept under review in the context of the Residential Tenancies (Amendment)(No. 2) Bill 2012, which will provide for amendments to the Residential Tenancies Act 2004; the Bill has recently completed second stage in the Dáil.
141. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government his plans to amend the legislation in relation to private rented accommodation to enable the Private Residential Tenancies Board to publish on their website the landlord's name, in the case of all rented accommodation, thereby ensuring that landlords take more responsibility for the behaviour of their tenants; and if he will make a statement on the matter. [13285/13]
View answerThe Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords in the sector and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations.
Section 128 of the Act stipulates that the PRTB’s published register of tenancies will not contain any information that could disclose the identity of the landlord or of the tenant(s) of a particular dwelling. I have no plans to amend the legislation in that regard.
Section 15 of the Residential Tenancies Act provides that a landlord of a dwelling owes a duty to third parties to enforce the obligations of a tenant under a tenancy. Section 77 of the Act provides that a third party who is directly and adversely affected by the failure of a landlord to enforce the obligations of a tenant may refer a complaint to the PRTB against that landlord. It also allows the PRTB to furnish the name and address of the landlord concerned to a person who proposes to make such a complaint. However, 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 before referring the complaint to the PRTB.
Breaches of tenants' or landlords' obligations are referred to the PRTB in the context of applications to it for its dispute resolution services. Parties involved in a dispute can apply for either adjudication or mediation as a means of dispute resolution. In the event of an appeal from adjudication or an unsuccessful mediation the dispute will be referred to a tenancy tribunal. The PRTB may issue directions regarding those obligations in its Determination Orders and, in the event of non-compliance with the Orders, it may pursue enforcement via Court proceedings.
142. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government when he will release the budget to the local development companies here; and if he will make a statement on the matter. [13288/13]
View answer147. Deputy Emmet Stagg asked the Minister for the Environment, Community and Local Government when the 2013 Leader allocations will be made to the local Leader companies (details supplied). [13369/13]
View answerI propose to take Questions Nos. 142 and 147 together.
My Department is responsible for a range of programmes and initiatives to support communities including the Local and Community Development Programme and the Rural Development Programme 2007-2013.
The Local and Community Development Programme aims to tackle poverty and social exclusion through partnership, and constructive engagement between Government and its agencies, and people in disadvantaged communities. It is a key tool of Government in providing supports for the 'harder to reach' in the most disadvantaged areas in society. The Programme is managed by Pobal on behalf of my Department and delivered at a local level by the nationwide network of Local Development Companies and a small number of alternative delivery structures.
To date, indicative allocations for the year and all first stage payments for 2013 have issued to all Local Development Companies contracted to deliver the Programme.
In late 2011 the European Commission approved a change in the maximum co-funding rate from 55% to 85% for the Axes 3 and 4 elements (LEADER) of Ireland's Rural Development Programme (RDP) 2007-2013, thereby reducing the national exchequer input to 15% on a net basis for 2012 and 2013 without a concomitant increase in the amount of funding to be provided by the EU. This resulted in a reduction in the overall Programme complement from €427m to approximately €314m on the basis of the Programme achieving full spend by the end of 2013.
In this context the original project allocations given to each Local Development Company (LDC) contracted to deliver the LEADER elements of the RDP required readjustment. My Department is carrying out an exercise to determine the level of project commitments across all LDCs and all RDP measures in order to complete the rebalancing of the programme in as equitable a way as possible. In addition, given the levels of spending by the LDCs from 2009 to date it is very unlikely that full spend will be achieved by the end of 2013. The co-funding rate will revert to 55% for all expenditure beyond the end of 2013 and as a consequence of this the overall Programme requirement will also change. Until such time as the rebalancing exercise, as outlined, has been satisfactorily completed, it is not possible to be definitive regarding the remaining funding available for project commitments under Axis 3&4 of the RDP. I expect this exercise to be completed shortly.
143. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will consider the implementation of an independent certifier as an amendment to the building control regulations as suggested by the Architects Alliance as a key means of preventing abuses in the building control system. [13292/13]
View answerI refer to the reply to Question No. 177 of 28 February 2013 which sets out the measures now being put in place to prevent the recurrence of failures that have occurred in the construction sector in recent years. I am satisfied that the reforms proposed including the lodgement of drawings, inspection by registered professionals and statutory certification will result in the necessary improvement in the quality of buildings and ensure that homeowners in particular are delivered the quality homes they expect and deserve. The new regulations also place an increased emphasis on reliance on competent persons – the design must be certified by a registered professional, while the building owner is required to assign a competent builder to build and certify the works and, also, to assign a registered professional to draw up and execute an appropriate inspection plan for the building concerned and to certify compliance on completion. It is not intended to constrain the capacity of all-in service delivery models that currently exist in key sectors of the industry. Enforcement powers under the Building Control Acts 1990 to 2007 continue to be vested in the local building control authorities and it is here that independence is required and in place.
144. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if there is a way owners who are not directors of a management company may take control of their management company under the multi-unit Bill when an annual general meetings are not being held (details supplied); and if he will make a statement on the matter. [13341/13]
View answer145. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the rights owners have to records of their management company when annual general meetings of the management company (details supplied) in Dublin 17 are not being held; the person to contact regarding these types of issues; and if he will make a statement on the matter. [13342/13]
View answerI propose to take Questions Nos. 144 and 145 together.
My Department has no function in relation to the operation of property management companies. The Multi Unit Developments Act 2011, which falls under the remit of my colleague the Minister for Justice and Equality, regulates the management and operation of such companies.
146. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he or his Department has received submissions from Kildare County Council regarding the prioritisation of group water scheme proposals deemed necessary or an urgent requirement in the current year; if particular schemes have been specificaly mentioned; the estimated cost; the likely number of people to benefit; and if he will make a statement on the matter. [13355/13]
View answerResponsibility for the administration of the Rural Water Programme, which includes group water schemes, has been devolved to local authorities since 1997.
The selection, prioritisation and approval of individual scheme proposals for advancement and funding under the programme, within the overall priorities set by my Department and subject to the block grant allocations provided, is therefore a matter for the water services authorities, Kildare County Council in this case.
