Dáil Éireann Debate, Wednesday - 31 March 2021
458. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if local authorities have the power to engage with the Residential Tenancies Board on landlords contracted to it through the RAS scheme. [16323/21]
View answer459. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if tenants have the power under the RAS scheme to engage with the Residential Tenancies Board about the local authority and-or their landlord. [16324/21]
View answerI propose to take Questions Nos. 458 and 459 together.
The Rental Accommodation Scheme (RAS) is based on a three-way relationship between the local authority, the landlord and the tenant. Under RAS, local authorities draw up contracts with landlords to provide housing, for an agreed term, to people with a long-term housing need. The local authority pays the rent directly to the landlord on behalf of the tenant. The main "landlord and tenant" relationship remains between the property owner and the RAS tenant. The property is not rented to the Local Authority, it is rented to the RAS tenant on a contractual basis. The local authority acts as agent on behalf of the tenant.
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancy Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The RTB dispute resolution service replaces the courts in relation to the majority of landlord and tenant disputes.
The Residential Tenancies Acts 2004-2020 govern the relationship between the landlord and the tenant. Under the terms of these Acts, a RAS tenancy must be registered with the RTB. 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. However, this does not affect the tenant’s right to avail of the services of the RTB. As a housing authority is neither a landlord nor a tenant under a RAS agreement, it does not have a role in the tenancy under the Residential Tenancies Act 2004 (as amended) and therefore cannot refer or be referred to the Residential Tenancies Board.
RAS landlords and tenants have the same right to refer disputes to the Residential Tenancies Board (RTB) as other private rented tenancies. The range of complaints which may be referred to the RTB is very broad, covering everything from disputed notices of termination to property damage. Third parties, such as neighbours, can also refer a dispute with the landlord to the RTB if they have been directly affected by the landlord’s failure to deal with anti-social behaviour by the tenant. Information on the rights of tenants and landlords is available from the RTB website.
