Dáil Éireann Debate, Tuesday - 28 July 2020
358. Deputy Colm Burke asked the Minister for Housing, Planning and Local Government if he will introduce legislation by which legal action can be taken against landlords that do not have adequate controls in place to control large gatherings within residential properties that they have leased; and if he will make a statement on the matter. [18887/20]
View answerAction to deal with anti-social behaviour is primarily a matter for An Garda Síochána.
With effect from 27 March 2020, under new emergency measures introduced into law to protect tenants during the COVID-19 emergency period, tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances. These emergency laws initially applied for a period of 3 months from the enactment of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and were subsequently extended to 20 July by the previous Government.
On my request, after consultation with the Minister for Health, and with the consent of the Minister for Public Expenditure and Reform, the Government has made an Order extending the emergency period until 1 August.
The Residential Tenancies Acts 2004-2019 sets out the rights and obligations of tenants and landlords in the residential rental sector. Under section 16(h) of the Residential Tenancies Act, a tenant shall not engage, nor allow their visitors to engage, in anti-social behaviour. Section 17 of the Act defines anti-social behaviour to include behaviour that: constitutes the commission of an offence reasonably likely to affect directly the well-being or welfare of others; could cause fear, danger, injury, damage or loss to certain persons; or persistently prevents or interferes with the peaceful occupation of others in the property or neighbourhood.
Under section 15 of the Act, a landlord owes to each person who could be potentially affected a duty to enforce the tenant’s obligations and section 77 provides that third parties who are directly and adversely affected by tenants engaging in anti-social behaviour may, subject to certain conditions, refer a complaint to the RTB for resolution, where a landlord has failed to enforce their tenant’s obligations. Further information can be obtained on the RTB’s website at www.rtb.ie.
The Residential Tenancies Acts are kept under constant review to ensure that they continue to be fair, equitable and fit for purpose in a modern rental sector.
