Dáil Éireann Debate, Wednesday - 21 March 2012
378 Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if any part of the legislation underpinning the household charge and the non-principal private residence charge prevents landlords passing on these charges to their tenants, as provided in standard letting agreements, notwithstanding that it is the owner who has the liability; and if he will make a statement on the matter. [15413/12]
Amharc ar fhreagraThe Local Government (Household Charge) Act 2011 and the Local Government (Charges) Act 2009, as amended, set out the legislation underpinning the household charge and the charge on non-principal private residences respectively. Application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts. Under the legislation, it is the owner of a residential property who is liable for the household charge.
Section 1 of the legislation provides a definition of "owner" which, in relation to a residential property, means—
(a) a person (other than a mortgagee not in possession) who—
(i) in the case of a residential property that is let under a lease or held under a tenancy for a term not exceeding 20 years, is entitled to receive the rent under that lease or tenancy whether in his or her own right or as trustee or agent for another person, or
(ii) in the case of a residential property that is not so let or so held, would, subject to paragraph (b) , be so entitled if the residential property were so let or so held, whether in that person’s own right or as trustee or agent for another person,
or
(b) where the property is let under a lease or held under a tenancy for a term exceeding 20 years, the person (other than a mortgagee not in possession) who is the lessee under that lease or tenant under that tenancy.
