The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. Under section 12 (1)(d) of the Act a landlord is obliged promptly to refund deposits unless, and in accordance with the provisions of the Act, rent or other charges or taxes are owing or there is damage to the property beyond normal wear and tear.
On foot of the commitment in the Programme for Government 2011 to introduce a tenancy deposit protection scheme I asked the Private Residential Tenancies Board (PRTB) to commission research on such a scheme and to report back to me with recommendations. The final report and recommendations were submitted to me on 12 November 2012 and I am examining the report with a view to providing for the establishment of a tenancy deposit protection scheme in the context of the Oireachtas consideration of the Residential Tenancies (Amendment) (No. 2) Bill 2012.