Vol. 303 No. 10
asked the Minister for the Environment if he is aware that some landlords of private rented accommodation do not appear to be reducing the charge payable by tenants to take account of the abolition of rates; and the action he or the tenants concerned can take to ensure that the abolition of rates is taken account of by landlords in the charge they impose on private tenants.
10.
asked the Minister for the Environment if house tenants and flat-dwellers paying rents inclusive of rates will be entitled to have their rents reduced consequent on the derating of dwellings; and if he will make a statement on the procedures to be adopted for this.
11.
asked the Minister for the Environment the action he proposes to take to ensure that landlords of private rented dwellings do not increase the rent on their properties equal to the amount previously assigned for the payment of rates which have now been removed.
12.
asked the Minister for the Environment the action that has been taken to ensure that flat-dwellers in private rented accommodation obtain a proportionate reduction in their rent as a result of the abolition of rates on domestic dwellings.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 9-12 together.
I am concerned to ensure that the benefit of domestic derating is passed on to tenants of rented accommodation. On my instructions, local authorities have ceased levying contributions in lieu of rates in the rents of their tenants as and from 1 January 1978.
As regards private rented dwellings controlled under the Rent Restrictions Acts, rates, following the abolition of domestic rates, will cease to be a lawful addition to the basic rent. Where such additions have not already been removed, it will be open to tenants of controlled dwellings to consider availing of the procedure of serving a notice on their landlords under section 13 of the Rent Restrictions Act, 1960 reducing their rent.
The position of other private tenancies in regard to payment of rates varies a good deal. Some tenants have been paying rates directly and in such cases the benefit of domestic derating will pass to them directly without the need for special administrative or legal action. Other tenants have been contributing less directly to payment of rates. Generally the matter will be dealt with by appropriate provisions in the Local Government (Financial Provisions) Bill, 1978.
When will this provision be provided? I am sure the Minister is aware that a large number of people, including flat-dwellers, are not getting an advantage from the abolition of rates. There should be some onus on the Minister——
A question, please.
——to introduce a more practical method of ensuring that these people derive the benefit of the derating.
I am accepting responsibility for that and I have said that in the forthcoming legislation there will be provision in this regard.
When is it hoped to introduce the legislation?
It is almost ready.
Will it be retrospective?
Regarding Question No. 11, has the Minister any proposal for dealing with a situation in which a landlord may, on the one hand, reduce the rent to flat-dwellers proportionate to the relief accruing from the abolition of domestic rates but simultaneously increase the rent by the same amount so that there is no nett gain to the flat-dweller?
The proposals I have referred to concern the question of the tenant being given the benefit of the derating.
What is the position of somebody who is not a local authority tenant and who is not protected by the rent restrictions legislation? These are the cases the Minister has referred to but tenants of private flats will not be protected on either count. How is it proposed to ensure that the benefit of the derating will apply to such people?
My reply was not confined to the two categories mentioned by the Deputy. I referred to the position of private tenancies other than those governed by the Rent Restrictions Act or by local authorities. The position of such tenancies in regard to the payment of rates varies a good deal. Some tenants have been paying rates directly. In such cases the benefit of domestic derating will apply directly and without the need for special administrative or legal action. Other tenants have been contributing less directly to the payment of rates but that matter will be dealt with separately in the Local Government Bill.
Is it the intention to provide some statutory protection for the tenant of a flat who is neither a local authority tenant nor one who comes within the protection of the Rent Restrictions Act so that he can avail of the reduction arising from the abolition of rates?
That matter will be dealt with in the appropriate provisions of the forthcoming legislation.
But how is it proposed to deal with this question?
I cannot tell the Deputy that at this stage.
(Cavan-Monaghan): Is it the intention to control the rents of all houses?
I have not said that. The matter will be dealt with in the Bill.
In what way?
It is understood that I cannot discuss at this stage what is in the Bill.
(Cavan-Monaghan): When will the Bill be introduced?
It has been introduced.
(Cavan-Monaghan): When will it be circulated?
Very soon.
May we take it from the reply that the Minister is the one responsible for rent legislation in the area of private rented flats, because there is some confusion in the House as to whether this Minister or the Minister for Justice is the responsible Minister in this area?
The Minister for Justice is responsible for that area but regarding the question of derating and the forthcoming legislation, I am the one charged with the responsibility. However, the Minister for Justice is responsible in the main in the area of rent restrictions.
As one who represents a constituency in which there is a higher percentage of private rented flats than in any other area, I would ask the Minister to move fast on this question. Is it not possible to give the House some further assurance in this regard? His reply indicates that there is no way in which he can deliver what he is proposing.
The Deputy is making a speech.
Perhaps the Minister could elaborate. He has not answered my question.
I cannot elaborate on legislation that is not before us.
I am calling the next question.
This ramming through of questions is unjust.
