Dáil Éireann Debate, Thursday - 16 July 2015
744. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the role the Private Residential Tenancies Board can play in resolving issues where tenants are allegedly involved in anti-social behaviour; and if he will make a statement on the matter. [29869/15]
View answerWhile action to deal with anti-social behaviour is primarily a matter for An Garda Síochána, in the case of private rented dwellings, landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act 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, 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. The Residential Tenancies Act also provides that a third party affected by anti-social behaviour may take a case to the Private Residential Tenancies Board (PRTB) against a landlord who has failed to enforce a tenant’s obligation not to engage in anti-social behaviour.
The Residential Tenancies (Amendment) (No. 2) Bill 2012 is currently before the Oireachtas and will amend the Act to, inter alia, 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.
