Dáil Éireann Debate, Tuesday - 29 January 2019
617. Deputy Noel Rock asked the Minister for Housing, Planning and Local Government his plans to add amendments to the Multi-Unit Developments Act 2011 to protect those renting in a development in circumstances (details supplied); and if he will make a statement on the matter. [4334/19]
View answerThe Residential Tenancies Acts 2004-2016 set out the rights and obligations of landlords and tenants in both the private rental sector and the Approved Housing Bodies, AHB, sector. The Acts provide that landlords in the sector must apply to register a tenancy of a dwelling with the Residential Tenancies Board, RTB, within one month of the commencement of the tenancy.
The RTB actively pursues landlords for non-registration. Failure of a landlord to register a tenancy with the RTB can result in criminal conviction. If convicted, a landlord may be liable to fines of up to €4,000 or six months' imprisonment, along with a daily fine of €500 for a continuing offence. In addition, if the tenancy is not registered, the landlord cannot avail of the dispute resolution services of the RTB should an issue arise with the tenancy.
To pursue non-compliant landlords, the RTB receives information on residential rented dwellings from several sources. Where non-compliance is identified, notice and warning letters are sent to the landlord. If the landlord still fails to register, enforcement action is taken through the courts.
The RTB's register of tenancies is available and searchable by rental dwelling address on the RTB's website at the following link: https://onestopshop.rtb.ie/check/index.html/.
Housing Assistance Payment, HAP, supported tenancies are agreed between the landlord and the tenant; the local authority is not a party to the tenancy and has no role in its agreement. However, as with other private rental tenancies, the Residential Tenancies Act 2004, as amended, governs the relationship between landlord and tenant and the length of the tenancy is a matter that must be agreed between the landlord and tenant in that context.
The HAP Shared Service Centre, SSC, provides a highly effective transactional service on behalf of Local Authorities, including data-sharing with the RTB in relation to active HAP tenancies. This enables the RTB to ensure compliance with the national tenancy registration system.
