Dáil Éireann Debate, Tuesday - 1 October 2013
458. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government when he will introduce housing legislation on private accommodation that will address enhancing accountability of landlords in housing standards and waste management; the main issues that will be covered in the Bill; and if he will make a statement on the matter. [40418/13]
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. These Regulations were further amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009. 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 primary responsibility for the management of any waste, including costs for removal or disposal, lies with the holder of the waste; the holder of the waste is the natural or legal person in possession of the waste or the producer of the waste. The Waste Management Act 1996 imposes a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. It is the responsibility of the relevant local authority to deal with any instances of illegal disposal of waste in their functional area and take the appropriate enforcement action.
Section 12 of the Residential Tenancies Act 2004, as amended by section 100 of the Housing (Miscellaneous Provisions) Act 2009, requires a landlord of a dwelling to provide receptacles suitable for the storage of refuse outside the dwelling, save where the provision of such receptacles is not within the power or control of the landlord in respect of the dwelling concerned – this could arise for example where it is a function of a management company to provide such a service. In addition, the Housing (Standards for Rented Houses) Regulations 2008 provide that each house must have access to suitable and adequate pest and vermin-proof refuse storage facilities.
The purpose of these provisions is to ensure that facilities are available to tenants to enable them to store refuse appropriately between collections and not in such a way as to attract pests or vermin or become a hazard or eyesore to the general public. However, the presentation of refuse for collection, the manner in which it is presented and any charges imposed for collection are the responsibility of the tenant, who is the holder of the waste. Any incidents of illegal waste activity should be reported to the relevant local authorities, who have significant enforcement powers available to them under the Waste Management Act 1996 including the power to make bye-laws regarding the presentation and collection of waste.
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. Fines for continuing non-compliance with the Regulations have also been significantly increased; the maximum fine has increased from €3,000 to €5,000 and the fine for each day of a continuing offence has increased from €250 to €400.
