Dáil Éireann Debate, Tuesday - 17 June 2014
474. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government when is it intended to take the Residential Tenancies (Amendment) (No. 2) Bill 2012 through Seanad Éireann; the status of the proposals to include a rental deposit scheme and provisions on anti-social behaviour; if these amendments have been drafted; and if he will make a statement on the matter. [26054/14]
View answerThe Residential Tenancies (Amendment)(No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, for:
- the inclusion of the Approved Housing Body (AHB) sector within the remit of the Residential Tenancies Act 2004;
- the introduction of a new fast-track procedure to deal with non-payment of rent;
- the transfer of the functions of the Rent Tribunal to the PRTB on foot of the Government decision on the rationalisation of state agencies.
The Bill has passed all stages in the Dáil, together with Second Stage in the Seanad.
The Residential Tenancies Act 2004 provides that a third party affected by anti-social behaviour may take a case to the PRTB against a landlord who has failed to enforce a tenant’s obligation not to engage in anti-social behaviour. The Bill will include amendments, to be introduced at Committee Stage in the Seanad, to make it easier for a third party to make a complaint concerning anti-social behaviour. The amendments will provide that the third party may refer a complaint to the PRTB where they have attempted to resolve the issues with the landlord alone, rather than with both landlord and tenant which they must do under the Act currently. In addition, the amendments will provide that an owners’ management company, a residents’ association or a neighbourhood watch scheme may bring a third party complaint to the PRTB.
The Programme for Government includes a commitment to establish a tenancy deposit protection scheme. On foot of this commitment I asked the Private Residential Tenancies Board (PRTB) to commission research on such a scheme and to report back to me with recommendations in that regard. The subsequent report assessed a number of different options for delivery of a scheme and, following consideration of these options, I secured Government approval for the establishment of a scheme based on a custodial model.
Legislative provisions for the deposit protection scheme, together with the anti-social behaviour amendments, are currently being drafted by the Office of the Parliamentary Counsel and it is my intention to introduce the amendments at Committee Stage of the Residential Tenancies (Amendment) (No. 2) Bill 2012 in the Seanad shortly.
