Dáil Éireann Debate, Tuesday - 21 February 2017
259. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government the penalties applicable to landlords that violate the maximum allowable rent increases in rent pressure zones, the way this will be policed; and if he will make a statement on the matter. [8329/17]
View answerWhere a landlord carries out a rent review, a notice of new rent must be served on the tenant. A notice of new rent must be in writing and include information in relation to the dispute resolution procedures that a tenant can pursue through the RTB if they do not believe the new rent is valid, e.g. if the rent is above market rent or above the permitted increase in a rent pressure zone. The notice of new rent must also be accompanied by information in relation to the rents of 3 other similar dwellings in the area. The purpose of this provision is to ensure that tenants are adequately informed in relation to prevailing rents and are aware of their rights under the Act.
In a Rent Pressure Zone, the landlord must also include information and calculations in the notice of new rent that demonstrate that any rent increase is not more than the maximum amount allowed since the rent was last set. In addition, the new legislation provides for a statutory obligation on a landlord at the beginning of a tenancy to provide a tenant with details of the previous rent under a tenancy, and a statement as to how the rent has been calculated under section 19(4), so that a tenant can ensure that their rent complies with the legislation. Where a tenant believes that the rent is set above the market rent or above the permitted increase in a rent pressure zone, they may refer a dispute to the Residential Tenancies Board (RTB). The RTB may make a declaration as to whether the rent set complies with the legislation and if it does not comply, may make a declaration as to what amount would comply. The rent cannot be increased pending the determination of the dispute.
Both landlords and tenants are notified by the RTB when a tenancy has been registered. This notification advises both parties of their rights and obligations in relation to the setting and review of rent, security of tenure, the termination of tenancies, and of the dispute resolution procedures that are available through the RTB. Ongoing education and awareness is an increasing focus of the RTB, educating tenants and landlords in relation to their rights and obligations, encouraging compliance through measures which support best practice.
