Dáil Éireann Debate, Wednesday - 28 April 2021
490. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage the action proposed to be taken to deal with the non-registration of rented accommodation given that in some local authority areas as little as 40% of rented accommodation is registered with the Residential Tenancies Board; and if he will make a statement on the matter. [22057/21]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement.
All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation are required to register their tenancies with the RTB. Managing the registration of tenancies is a core function of the RTB. This allows the RTB to collect and provide definitive data on the rental sector and for transparency across the rental sector through the public register of tenancies; thus, enabling the RTB to better understand and regulate the sector.
In relation to incidents of non-compliance, there are two processes in the RTB which have failure to register within their remit, the Registration Enforcement Process and the Investigations and Sanctions Process.
The RTB has registration enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence which may result in a criminal conviction, a fine of up to €4,000 and/or up to six months imprisonment. The RTB makes every effort to inform landlords of their obligations to register and legal action is taken as a last resort.
The RTB, receives information from different sources regarding whether a tenancy is registered or not, including local authorities, members of the public, RTB checks and follow-ups and the Department of Employment Affairs and Social Protection. The RTB writes to landlords directly and gives them opportunities to comply before legal action is taken. The majority of landlords who are contacted are already complying with their obligation or then comply with their obligation to register which halts any requirement for the formal enforcement process. However, in a small number of cases formal notices and Solicitor Letters must be issued.
The RTB has an Investigations and Sanctions unit dedicated to investigating certain potential breaches of rental law by a landlord called improper conducts.
One of the breaches that can be investigated is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can start an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the Residential Tenancies Act.
If a landlord is found to have committed an improper conduct a sanction may be imposed on them by an independent Decision maker of a written caution and/or a monetary sanction of €15,000 and €15,000 in costs. All sanctions must be confirmed by the Circuit Court and all monetary sanctions are paid to the Exchequer.
