Dáil Éireann Debate, Wednesday - 7 October 2020
90. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the measures that will be implemented to increase Residential Tenancies Board inspections and enforcement; and if he will make a statement on the matter. [29059/20]
View answerOne the main roles of the RTB is to increase compliance across all of its regulatory functions. A core part of protecting the rights of landlords and tenants and supporting a well-functioning rental sector is to ensure that people are aware of their legal obligations to avoid disputes and where they arise, that there is an effective Dispute Resolution Service and robust enforcement powers.
On 1 July 2019, the changes to the Residential Tenancies Act 2004 (as amended) expanded the regulatory role of the RTB. Since July 2019, the RTB can proactively monitor the rental sector and investigate and sanction landlords who engage in certain breaches of rental law, defined as Improper Conduct. An important aspect of this regulatory role is that the RTB can commence investigations both on information received from members of the public as well as by using open source data and data available to the RTB, as outlined in the legislation. If a landlord is found to have committed a breach, a sanction can be applied ranging from a formal written caution to a fine of up to €15,000 and/or costs of up to €15,000.
An Investigations and Sanctions Unit (I&S) was established within the RTB to enable the organisation to undertake this critical new function by identifying and investigating potential breaches of rental law.
The breaches of rental law that the I&S unit can investigate include; failure to comply with RPZ requirements; failure to register a tenancy; a reason given on a notice of termination that is known to be false or misleading; and failure to offer a tenant their tenancy back when certain conditions have been met.
Sanctions can range from a written caution to a fine of up €15,000 and €15,000 in costs.
Since 2019 to Q2 2020, 191 investigations have commenced on information identified by the I&S Unit using data available to the RTB under the Residential Tenancies Act 2004 (as amended). The focus for the remainder of 2020 is to conclude the cases commenced in 2019 and the first half of 2020 and progress them for decision by the RTB Sanctions Decision Makers and subsequent Circuit Court Confirmation of sanctions. The RTB will publish all sanctions confirmed by the Circuit Court as part of its stakeholder engagement strategy to promote the impact of the new Investigations and Sanctions function and encourage compliance with rental law.
The RTB will also continue to commence new investigations with priority on investigating allegations of improper conduct raised by members of the public and other government agencies through concerns and formal written complaints.
The Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at OireachtasMembersQueries@rtb.ie in relation to the matters raised.
