Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in the Housing (Miscellaneous Provisions) Act 2009 and Social Housing Assessment Regulations 2011 (as amended). The Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The Policy provides for a range of income disregards, and local authorities may also disregard income that is temporary, short-term or once-off. However, the Regulations don’t provide discretion to local authorities to exceed the maximum applicable limits for their areas.
The Residential Tenancies Acts 2004-2021 regulate the landlord-tenant relationship in the residential rental sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and facilitate the resolution of disputes between landlords and tenants.
A landlord cannot exceed the market rent when setting a rent. Moreover, a rent can only reviewed once every two years for a property outside a Rent Pressure Zone (RPZ). When reviewing a rent, a landlord must complete a Notice of Rent Review; this must be served on the tenant at least 90 days before the new rent becomes payable and include details of the rent last set for the dwelling. A valid Notice of Rent Review must also include evidence of the rents sought for three dwellings of similar size, type and character to the rented property, and situated in a comparable area.
Where a tenant is unsure as to the validity of a Notice of Rent Review, they may refer the matter to the RTB for dispute resolution. Redress is available to the tenant and may include a refund of any unlawful rent amount paid and damages up to €20,000.
Since 1 July 2019, the RTB is empowered under Part 7A of the Residential Tenancies Acts to investigate improper conduct by landlords and impose sanctions, where appropriate. The RTB may impose sanctions if a landlord has acted improperly; these may include from a formal written caution and/or a fine of up to €15,000, and/or costs up to €15,000.
Tenants having difficulty paying their rent should engage with their landlords at the earliest opportunity. The Money Advice and Budgeting Service and the Department of Social Protection (DSP) can provide advice, and income supports, such as Rent Supplement and Supplementary Welfare Allowance, may also be available.
Rent Supplement plays a key role in supporting families and individuals in private rented accommodation. It provides short-term income support to eligible persons whose means are insufficient to meet their accommodation costs and who don’t have other accommodation available to them. Rent Supplement ensures renters can continue to meet their rental commitments. It was supporting almost 13,000 recipients at end January 2022, with some 4,500 of these receiving enhanced Rent Supplement as part of the Government’s response to the COVID 19 pandemic.
The DSP Supplementary Welfare Allowance scheme also provides a safety net in the overall social welfare system. It provides immediate and flexible assistance to those whose means are insufficient to meet their needs and those of their dependents, and who don’t qualify for payment under other State schemes. There are several payments under the scheme, including once-off exceptional needs payments which can cover rent arrears.
The RTB Rent Index shows the national average rent for Q3 2021 is €1,397, and €886 in Castlebar, which is not in an RPZ. The Housing Agency and the RTB monitor rents in all local electoral areas and any area deemed to meet the RPZ criteria will be designated as such.
