Dáil Éireann Debate, Tuesday - 1 March 2022
342. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage the rules that are around rents charged by approved housing bodies and upward rent reviews; and if he will make a statement on the matter. [10943/22]
View answerThe Residential Tenancies (Amendment) Act 2015 amended section 3 of the Residential Tenancies Act 2004 so that dwellings let by Approved Housing Bodies (AHBs) to social housing tenants now come within the remit of the Act. The position of these tenants is significantly improved by the change, which commenced on 7 April 2016, as they now benefit from the following:
- Increased security of tenure;
- Access to Residential Tenancies Board (RTB) dispute resolution procedures, including free mediation; and
- Binding obligations on AHBs as landlords to, inter alia, register all tenancies, keep dwellings in good repair and allow peaceful occupation.
Three new sections which were also inserted into the 2004 Act by the Residential Tenancies (Amendment) Act 2015 provide for the setting of rents and rent reviews in AHB tenancies. They are:
- Section 19A provides for the setting of rent in AHB tenancies;
- Section 20A provides for reviews of rent in AHB tenancies; and
- Section 22A provides for the notification of a change in the amount of rent following a review under section 20A.
Section 78(1)(b) of the 2004 Act provides that a dispute may be referred to the Board regarding the amount that ought to be initially set (in compliance with section 19 or 19A) as the amount of rent under a tenancy. Section 78(1)(c) provides that a dispute may be referred as to the amount of rent that should be determined on foot of a review referred to in Part 3. These provisions mean that an AHB tenant may refer a dispute regarding the setting or review of rent to the RTB for resolution.
