Dáil Éireann Debate, Tuesday - 16 April 2013
847. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if local authorities made efforts to communicate the new housing regulations to landlords; and the efforts that have been made to communicate these new regulations and their implications to tenants who might be affected by them. [17501/13]
View answer848. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the rights that tenants have when their accommodations is below the new standards for housing regulation. [17502/13]
View answer849. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government when a local authority finds that bed-sit accommodation which does not meet the new housing regulations is still being tenanted, the action that will be taken and the way in which the tenure of the current tenants will be affected. [17503/13]
View answer850. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the guidance that has been provided by him in relation to tenants about procedures to identify and avoid any risk of homelessness. [17504/13]
View answer851. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the number of housing units that have been upgraded, that will be upgraded and that might be withdrawn from the private rented sector as a result of the new housing regulations. [17505/13]
View answer852. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the discussions that he has had with the Department of Social Protection regarding the increased demands on rent supplement as non-working tenants of bed-sits seek more expensive accommodation as a result of the new housing regulations; and the procedures that will be put in place to support vulnerable tenants in making this transition. [17506/13]
View answer853. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government if he has a target date by which all inspections of housing will be completed and that all below-standard bed-sits are withdrawn from the housing market. [17507/13]
View answerI propose to take Questions Nos. 847 to 853, inclusive, together.
Minimum 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. All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board (PRTB).
The regulations have effect in their entirety for all rented properties being let for the first time from 1 February 2009. However, in some cases Articles 6, 7 and 8 of the regulations may have required significant refurbishment works for existing tenancies and, as such, a four year phasing-in period was afforded to these properties to facilitate any improvement works that needed to be carried out. On 1 February 20 13, Articles 6, 7 and 8 of the regulations came into effect for all existing residential rented accommodation. This will result in the phasing-out of the traditional "bed-sit" where sanitary facilities are shared between different rental units.
It is a matter for each individual local authority to decide the specific details of its enforcement strategy and inspection arrangements. However, in discharging their responsibilities in relation to the rental sector, authorities have been asked to have regard to the Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement published by the Centre for Housing Research in November 2007, which make a range of recommendations on relevant issues, including targeting inspection activities.
Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened, updated legislative and regulatory framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations under the regulations, and fines for continuing non-compliance with the regulations have also been significantly increased. While I expect that the large majority of landlords will comply with local authorities’ directions in the area of standards, the legal powers available to local authorities are an important aspect of enforcement and I encourage local authorities to use them where landlords have failed to comply with directions.
The Residential Tenancies Act 2004 sets out a range of rights and responsibilities for tenants and landlords in the private rented residential sector. Section 12 of the Act specifies the obligations of landlords including that the dwelling be in compliance with the standards prescribed under Section 18 of the Housing (Miscellaneous Provisions) Act 1992. A tenant may take a case against a landlord to the PRTB for, inter alia, a breach of this obligation.
My Department engaged in an extensive consultation process during the development of the regulations involving landlord and tenant representative groups, local authorities and the social and voluntary pillar under the social partnership agreement Towards 2016. In addition, a period of public consultation was carried out during July and August 2008 inviting submissions from members of the general public on the proposed new standards regulations. Following the making of the regulations in December 2008 copies were provided to various sectoral interests, including landlord and tenant representative bodies, and the coming into effect of the regulations was advertised in the national print media. In 2012 my Department placed further advertisements in the national print media and on my Department's website www.environ.ie regarding the coming into full effect of Articles 6, 7 and 8 of the regulations. My Department also engaged with landlord and tenant representative groups to encourage them to advertise the 1 February 2013 deadline within their respective sectors.
With regard to the issue of homelessness, statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with the housing authorities. These authorities implement homelessness action plans which incorporate prevention strategies to prevent homelessness. I recently published a Homelessness Policy Statement which places an emphasis on a housing-led approach as the primary response to homelessness and places prevention at the forefront of the delivery of services.
My Department continues to engage with the local authorities on the implementation of the regulations and will keep the impacts arising under review. As they only came into full effect earlier this year it will take some time to identify and assess those impacts. In particular, I recognise that close regard must be had to supporting vulnerable tenants in making the transition from sub-standard accommodation to accommodation that meets the standards set out in the regulations. My Department meets regularly with the Department of Social Protection on a range of issues; to date, however, it has not been notified of any impact on demand for rent supplement due to the full implementation of the regulations.
My Department collates and publishes a wide range of housing statistics that inform the preparation and evaluation of policy, and those data are available on my Department’s website www.environ.ie. Data on local authorities’ minimum standards inspection activities are included within that range and they show that, in general, local authorities have significantly expanded their inspection activity over the last number of years. Data not collected on the number of housing units upgraded as a result of the regulations.
I have not set any target date for the completion of all inspections as I am of the view that local authorities should maintain a steady programme of inspection activity every year. I am confident that strategically planned inspection and enforcement activity by local authorities will continue to improve the quality of the stock in the rented sector and I urge all landlords to ensure that their dwellings are in compliance with the regulations.
