Dáil Éireann Debate, Wednesday - 28 September 2022
147. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to a survey conducted by an association (details supplied) concerning Residential Tenancies Board registration; and if he will make a statement on the matter. [47400/22]
View answer153. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage if he will engage with the Residential Tenancies Board to ensure a group of residents (details supplied) receive a response to correspondence they sent; and if he will make a statement on the matter. [47464/22]
View answerI propose to take Questions Nos. 147 and 153 together.
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Registered landlords and all tenants can apply to the RTB for dispute resolution.
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 a better understanding of the sector.
Non-compliance with the requirement to register a tenancy is dealt with by two processes in the RTB, the Registration Enforcement Process or 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 Social Protection.
The RTB also has an Investigations and Sanctions unit dedicated to investigating certain potential breaches of rental law by a landlord referred to as improper conduct under Schedule 2 to the Acts. 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 Acts. If a landlord is found to have engaged in improper conduct, a sanction may be imposed on them by an independent Decision maker which may comprise on or all of the following: a written caution, a monetary sanction of €15,000 and €15,000 in costs.
While I am aware of the issues raised in the residents’ letter to the RTB, it would be inappropriate for me, as Minister, or my Department to provide legal advice, comment on, or to intervene in the specifics of any individual case. However, the RTB has advised my Department that it is in the process of responding to the residents on their most recent correspondence.
