Eoghan Murphy
Ceist:112. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government his views on a proposal (details supplied) on residential tenancy legislation. [52051/13]
Amharc ar fhreagraWednesday, 4 December 2013
Ceisteanna (112)
Freagraí scríofa
The Residential Tenancies Act 2004 represented the most significant legislative reform in the private rented sector in over a century. The Act provided real security of tenure for tenants in the private rented sector for the first time and, inter alia, provided access for both tenants and landlords to an inexpensive, informal and independent dispute resolution process operated by the Private Residential Tenancies Board (PRTB).
Nine years on from the passing of the Act , however, it is clear that there are aspects of the legislation that require amendment in order to improve the functioning of the private rental sector, including in relation to the withholding of rent during the dispute resolution process. Currently, under Section 86 of the Act, rent continues to be payable pending the determination of a dispute but a termination of the tenancy may not be effected during this period.
The Residential Tenancies (Amendment)(No. 2) Bill 2012 builds on what has already been achieved by the Act and by the PRTB and is a key element in the delivery of the Government’s housing policy. Amendments were introduced at committee stage of the Bill in the Dáil , to provide for the introduction of a new procedure which will enable the PRTB to deal effectively with tenants who do not pay rent during the dispute resolution process. The amendments insert a new section into the Act which provide for a landlord, in such instances, to bring a complaint before the PRTB. On hearing this complaint, the PRTB can order the tenant to pay any rent due. The matter is then adjourned for a period of no more than 14 days to allow the tenant comply with the Order. Where the tenant does not comply the PRTB will have the power to terminate the tenancy irrespective of whether a notice of termination has been served.
Essentially, the non-payment of rent issue is fast-tracked and any other aspects of the dispute will be dealt with in the normal way. The proposed new provisions will allow the PRTB to deal effectively and quickly with the small number of tenants who do not comply with their statutory obligation to pay rent during the dispute process. The Bill is currently before the Seanad.