Written Answers Nos. 617-635
617. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the protection of tenants from the actions of unscrupulous landlords, in the current Residential Tenancies Act (details supplied); and if he will make a statement on the matter. [15522/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants relating to, inter-alia, security of tenure, termination of tenancies, rent and rent reviews. The 2004 Act provides that rents may not be greater than the open market rate and may only be reviewed upward or downward once a year unless there has been a substantial change in the nature of the accommodation that warrants a review. Tenants must be given 28 days’ notice of new rent and can make an application for dispute resolution to the Private Residential Tenancies Board (PRTB) where they feel the rent increase is in excess of the market rent. These provisions have effect notwithstanding any provision to the contrary in a lease or tenancy agreement. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination. In May 2013, the PRTB launched a national rent index available at http://www.prtb.ie/landlords/rent-index-dec-2014. Compiled by the Economic and Social Research Institute and based on the PRTB’s own register of over 300,000 tenancies, this valuable source of information indicates the actual rents being paid for rented properties throughout the State. The rent index is updated quarterly and shows the percentage change in rents over the previous quarter and over the previous twelve months.
Security of tenure under the 2004 Act is based on rolling four-year tenancy cycles. Where a tenant has been in occupation of a dwelling for a continuous period of 6 months and no notice of termination has been served in respect of that tenancy before the expiry of the period of 6 months, the tenancy is established for the remainder of the four year period. This is referred to in the Act as a ‘Part 4’ tenancy. Landlords and tenants may not contract out of any of the provisions of Part 4 of the Residential Tenancies Act and no lease, tenancy agreement, contract or other agreement may operate to vary or modify the provisions of Part 4 of the Act.
A landlord may not serve a notice of termination except in very clearly defined circumstances set out in the Act, such as a failure by the tenant to comply with his or her obligations in relation to the tenancy or where the landlord intends to sell the dwelling. Notice periods for the termination of a tenancy by the landlord vary depending on the duration of the tenancy but periods of up to 112 days are provided for under section 66 of the Act. Where there is a dispute regarding the validity of a notice of termination, the dispute may be referred to the PRTB for resolution.
Section 86(1) of the 2004 Act provides that pending the determination of a dispute that has been referred to the Board, the rent payable under the tenancy continues to be payable and, if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made. This does not apply if, where awaiting the outcome of the dispute case, the parties agree to payment of the rent being suspended or if they agree to an increase in the amount of the rent being made. Subject to section 86(2), section 86(1) also provides that a termination of the tenancy concerned may not be effected pending the determination of a dispute.
Section 14 of the Act provides that a landlord of a dwelling shall not penalise a tenant for referring any dispute between the tenant and the landlord to the Board for resolution. For the purpose of the Act, a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned. An action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of his or her rights under the 2004 Act.
618. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding water charges; and if he will make a statement on the matter. [15570/15]
Amharc ar fhreagraThe overall package of measures on Irish Water financing announced by Government last November is designed to make water charges more affordable for customers. The charges structure was revised with a view to making it simpler and fairer, providing more clarity and certainty to households. The overall cost for those who register with Irish Water, net of the €100 water conservation grant, is either €1.15 a week for single adult households or €3 a week for all others. Water supply will not be reduced under any circumstance.
When it comes to payment, a range of easy pay options are in place, including direct debits, electronic funds transfer, payment by cash at any retail outlet with a paypoint or payzone sign or a post office where a bill can be paid in full or part payments of a minimum of €5 can be made. Irish Water also intends participating in the Household Budget scheme. This facility, operated by An Post on behalf of the Department of Social Protection, provides customers with a facility to have their household utility bills and social housing rents deducted directly from their weekly social welfare payment.
The Government intends to bring forward legislation to enhance the collectability of domestic water charges, building on the approach set out in the Water Services Act 2014. Further details on the modalities involved will be available on publication of the draft legislation following Government approval.
619. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government when the housing assistance payment scheme will become operational in County Mayo; and if he will make a statement on the matter. [15802/15]
Amharc ar fhreagraThe implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020 , which I published on 26 November 2014. The HAP scheme will bring all social housing supports provided by the State under the aegis of local authorities. The scheme will remove a barrier to employment by allowing recipients to remain in the scheme if they gain full-time employment. HAP will also improve regulation of the rented accommodation being supported and provide certainty for landlords as regards their rental income.
Further to the enactment of the Housing (Miscellaneous Provisions) Act 2014 on 28 July 2014, the first phase of the HAP statutory pilot commenced with effect from 15 September 2014 in Limerick City and County Council, Waterford City and County Council and Cork County Council. HAP commenced in Louth, Kilkenny, South Dublin and Monaghan County Councils from 1 October. Subsequently, on 18 December, Dublin City Council became part of the statutory HAP pilot, with a specific focus on accommodating homeless households. Dublin City Council is implementing the HAP pilot for homeless households in the Dublin region on behalf of all 4 Dublin local authorities.
There are now over 1,500 households in receipt of HAP across the local authority areas taking part in the statutory pilot scheme.
During the legislation’s passage through the Oireachtas in July 2014 an undertaking was given that a report would be prepared for the relevant Oireachtas Committee. Data for this report is being gathered from pilot sites and a progress report will be submitted to the Oireachtas Committee on Environment, Culture and the Gaeltacht shortly. Based on data gathered for the review, consideration is currently being given to the sequencing of a further cohort of local authorities to commence HAP as part of the pilot on an incremental basis this year. While no implementation date has yet been agreed, my Department is in contact with Mayo County Council in relation to their inclusion in the next phase of HAP statutory pilot.
620. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his views that it is appropriate that An Bord Pleanála has allowed a company (details supplied) to overlook the regular planning process, and bypass both Kildare and Meath County Councils, in an attempt to push through the Maighne industrial wind farm project. [15157/15]
Amharc ar fhreagraI understand the matter referred to by the Deputy is the decision by An Bord Pleanála, under the Planning and Development Act 2000, as amended, that the proposed windfarm development in question satisfies the condition referred to in section 37A(2) of the Act and that consequently a planning application in respect of the project will be made to An Bord Pleanála and not to the local planning authority.
The condition in section 37A(2) is that following consultations under section 37B with a person who proposes to apply for permission for an infrastructure development specified in the Seventh Schedule to the Act, An Bord Pleanála is of the opinion that the proposed development would, if carried out, fall within one or more of the following:
(a) the development would be of strategic economic or social importance to the State or the region in which it would be situate,
(b) the development would contribute substantially to the fulfilment of any of the objectives in the National Spatial Strategy or in any regional spatial and economic strategy in force in respect of the area or areas in which it would be situate,
(c) the development would have a significant effect on the area of more than one planning authority.
Decisions in relation to these provisions are entirely a matter for An Bord Pleanála and I have no function in this matter.
621. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government with respect to the 27,000 homes managed by approved housing bodies, if he will provide a breakdown of these tenancies, by type, including rental accommodation scheme, long-term leased, and directly owned by the housing body. [15244/15]
Amharc ar fhreagraAccording to the Irish Council for Social Housing (ICSH), the national federation of non-profit housing associations, its’ associations manage up to 27,000 homes for families and vulnerable groups. Further details are available on the ICSH website: http://www.icsh.ie/content/book/about-icsh/about-icsh.
Under my Department’s two main capital schemes which support the acquisition and development of social housing units by approved housing bodies, namely the Capital Assistance Scheme and the Capital Loan and Subsidy Scheme, almost 26,000 units of accommodation have been funded up to the end of 2014. These units are now owned and managed by the approved housing bodies.
To the end of March 2015, under the Social Housing Current Expenditure Programme, previously known as the Social Housing Leasing Initiative, almost 1,500 places were sourced by approved housing bodies under the programme’s various delivery mechanisms. In addition over 2,000 unsold affordable (USA) housing units are being managed by approved housing bodies. A breakdown of these by type is shown in the table below.
|
Delivery mechanism |
Housing Units |
|
AHB-Owned |
781 |
|
AHB-Leased |
407 |
|
NAMA-SPV Owned |
271 |
|
Unsold Affordables-AHB-Managed |
2,074 |
|
Total |
3,533 |
Under the Rental Accommodation Scheme, some tenants of AHB’s in properties funded through the Capital Assistance Scheme are eligible for a payment under RAS where they would have been eligible for a rent supplement payment. To the end of February 2015, there were almost 6,700 households in AHB managed units whose payment had transferred to RAS from rent supplement since the inception of the scheme.
My Department collates and publishes a wide range of housing and planning statistics which are available on the Department’s website at:http://www.environ.ie/en/Publications/StatisticsandRegularPublications/HousingStatistics/FileDownLoad,15291,en.xls.
622. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of Irish Water's loans from banks for 2015, and any new applications for loans. [15246/15]
Amharc ar fhreagraIrish Water has a €300m loan from the National Pensions Reserve Fund (NPRF) at an annual interest rate of 2.5%. There is no security for this loan but the loan is guaranteed by the Minister for Finance, for which a separate guarantee fee is payable.
Irish Water has put in place facilities with commercial banks in the amount of €400m. Further facilities of some €200m are at an advanced stage of negotiation.
623. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form, the cost to the State from the rental accommodation scheme and the long-term leasing initiative for the years 2005, 2008, 2011 and 2013. [15248/15]
Amharc ar fhreagraSince the inception of the Rental Accommodation Scheme in 2004, expenditure up to the end of 2014 has totalled €776.7 million. The following table sets out the annual expenditure for the years requested:
|
Year |
Annual Expenditure |
|
2005 |
€723,281 |
|
2008 |
€53,025,430 |
|
2011 |
€115,917,365 |
|
2013 |
€130,886,608 |
Recoupment made to local authorities under the RAS covers not only the contracted rents due to private landlords but also, inter alia, payments that are made to Voluntary Housing Bodies, administration costs and deposits on newly acquired accommodation.
Since the inception of the Leasing Initiative in 2009, expenditure up to the end of 2014 has totalled €119.4 million. The following table sets out the annual expenditure for the years requested:
|
Year |
Annual Expenditure |
|
2005 |
€0 |
|
2008 |
€ 0 |
|
2011 |
€ 14 , 219 ,3 14 |
|
2013 |
€ 32 , 405 , 782 |
Recoupment made to local authorities under the Leasing initiative covers the cost of units acquired by Local Authorities under leases and rental arrangements, units constructed, purchased or leased by Approved Housing Bodies and made available for social housing use and unsold affordable units in social housing use. In addition, administration costs, deposits on newly acquired accommodation and capital advances to Approved Housing Bodies are included in this expenditure.
624. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the number of households currently on local authority housing waiting lists; and the number of these households which are currently in receipt of rent supplement. [15252/15]
Amharc ar fhreagraThe latest summary of social housing assessments, which was carried out as of 7 May 2013, showed that there were 89,872 households on local authority waiting lists at that date. Of this figure, 42,109 households, or 47% of the total, were in private rented accommodation and in receipt of rent supplement. The full 2013 results are available on my Department’s website at:http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,34857,en.pdf.
In order to ensure that the most up to date and comprehensive data is available on an on-going basis, relating to the numbers applying for social housing support, the Government’s Social Housing Strategy 2020, published in November 2014, includes a number of actions to standardise assessment and increase the regularity of assessments including undertaking the summary of social housing assessments on an annual basis from 2016 onwards.
625. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the amount of Leader funding that was spent in County Mayo under the rural development programme in the years 2007 to 2013; and if he will make a statement on the matter. [15300/15]
Amharc ar fhreagraSouth West Mayo Development Company and Mayo North East LEADER Partnership are the two main local development companies contracted by my Department to deliver the LEADER elements of the Rural Development Programme 2007-2013 in County Mayo.
In addition, the Mayo gaeltacht areas were formerly serviced by Meitheal Forbartha na Gaeltachta, which liquidated in 2011. On foot of this, South West Mayo LEADER Company and Mayo North East LEADER Partnership took responsibility for delivery of the programme in gaeltacht areas. It should also be noted that the Mayo non gaeltacht islands are serviced by Comhar na nOileán. The table below sets out the total funding available to County Mayo under the Rural Development Programme 2007-2013.
|
Local Development Company |
Funding |
|
Mayo North LEADER Partnership |
€9,663,562 |
|
South West Mayo Development |
€10,820,318 |
|
Meitheal Forbartha na Gaeltachta (Mayo element) |
€267,213 |
|
Comhar na nOile á n (Mayo element) |
€527,082 |
|
Total |
€21,278,175 |
626. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if a list or other form of appropriate screening process is available to landlords or letting agents of tenants, who have engaged in serious anti-social activity and have a Private Residential Tenancies Board judgment registered in respect of this activity; and if he will make a statement on the matter. [15332/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector. The Act sets out the obligations of tenants and landlords and the Private Residential Tenancies Board (PRTB) is the independent statutory body charged with the administration of the Act and the enforcement of those obligations, as necessary.
The PRTB publishes the outcomes of adjudications and tribunal hearings on its website at http://www.prtb.ie/dispute-resolution/disputes/adjudication-orders/2014. This includes a description of the subject matter under dispute (such as anti-social behaviour) and the identity of the party or parties to a dispute.
627. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form, the total allocation of funding to be provided by his Department to each regeneration project in 2015; and if he will make a statement on the matter. [15350/15]
Amharc ar fhreagraAn indicative allocation of €15m recently issued to Dublin City Council in respect of their 2015 Regeneration Work Programme.
My Department is currently engaging with the relevant local authorities to agree 2015 Work Programmes and allocations for each of the remaining regeneration projects. It is expected that this pro cess will be concluded shortly.
628. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government when a new tenant purchase scheme will be introduced; and if he will make a statement on the matter. [15353/15]
Amharc ar fhreagra631. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government when a new tenant purchase scheme will become operational; the way the discount on the market value of the property will be calculated; and if he will make a statement on the matter. [15414/15]
Amharc ar fhreagra634. Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if consideration will be given to the introduction of a new tenant purchase scheme for local authority tenants; if further consideration will be given to the extension of such a scheme to include tenants in voluntary housing schemes such as Respond and Cluid; and if he will make a statement on the matter. [15500/15]
Amharc ar fhreagraI propose to take Questions Nos. 628, 631 and 634 together.
Part 3 of the Housing (Miscellaneous Provisions) Act 2014 provides for a new scheme for the tenant purchase of existing local authority houses along incremental purchase lines. The Government’s Social Housing Strategy 2020 includes a commitment to make the Regulations necessary for its introduction in the second quarter of 2015.
The scheme will operate along the lines of the incremental purchase model currently operating for local authority apartments and certain new local authority houses, which involve discounts for purchasers linked to household income. The discount will be applied to the purchase price of the house to be determined by the local authority in accordance with the method to be prescribed in Regulations. I intend to relate the purchase price of the house to its market value with replacement costs also being taken into account.
Full details of the scheme , including the income related discounts available to tenant purchasers , will be set out in Regulations that I will make in advance of its introduction.
In the case of approved housing bodies (AHBs), they provide social housing support in conjunction with local authorities through various capital funding schemes underpinned by mortgages and are the de facto owners of these properties. My Department cannot unilaterally make provision for their sale to tenants. Any such decision would have to involve the AHB concerned and have regard to the mortgage on the property.
Section 45 of the Housing (Miscellaneous Provisions) Act 2009 does provide for the sale by housing authorities and AHBs of designated new houses to eligible households, subject to specified terms and conditions. However, any such sales would have to be done in consultation with AHBs. There are currently no proposals or plans for a tenant purchase scheme in relation to existing AHB houses.
629. Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government the reason there are differences in the rate required in securing council mortgages throughout the country, that Kildare County Council and Kilkenny County Council both require 3%, but Laois County Council requires 10%; and if he will correlate the rates in each county council. [15367/15]
Amharc ar fhreagraThe terms and conditions governing the operation of standard annuity mortgages provided by local authorities to qualifying first time buyers are set out most recently in the Housing (Local Authority Loans) Regulations 2012. These are available on my Department’s website at the following weblink : http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/.
The Regulations prescribe that the amount of a loan shall not exceed €200,000 or 97% of the value of the house, whichever is the lesser. Accordingly, loan applicants must pay upfront a minimum of 3% of the purchase price of their home.
In 2009, a Credit Policy was issued, in accordance with the Housing (Local Authority Loans) Regulations 2009, to all housing authorities. Decisions on all housing loan applications must be made in accordance with this statutory Credit Policy in order to ensure prudence and consistency in approaches.
All applicants must complete a housing loan application form which can be downloaded from the relevant local authority’s website. As part of the loan application procedure, the Housing Agency provides an underwriting and support service to all local authorities. This shared central service processes loan applications, carries out credit checks and issues a recommendation to the local authority on each loan application in accordance with the credit policy. The final decision on loan approval is a matter for each local authority and its credit committee on a case-by-case basis. Accordingly, the local authority issues the loan and the Housing Agency provides an underwriting and support service to the local authority during the loan application process.
630. Deputy Seán Crowe asked the Minister for the Environment, Community and Local Government the way Deputies may become directors of housing associations; and the procedure involved. [15368/15]
Amharc ar fhreagraSection 6(6) of the Housing (Miscellaneous Provisions) Act 1992 makes provision to grant approved housing body (AHB) status to housing associations. AHBs consist mainly of voluntary or co-operative organisations limited by guarantee and registered under the Companies Acts; societies registered under the Industrial & Provident Societies Acts; and/or Trusts incorporated under the Charities Acts. The appointment of directors to Approved Housing Bodies (AHBs) is a matter for the Boards of such bodies and I have no role in relation to such appointments.
632. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which any examination has been carried out of major suspended developments of town centres, such as Naas in County Kildare, with a view to identifying the best means to move the projects forward; and if he will make a statement on the matter. [15486/15]
Amharc ar fhreagra633. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which a review has been carried out of various development projects interrupted or suspended at the time of the banking collapse and economic downturn, such as the Naas town centre development in County Kildare, with a view to identifying the various issues impeding the conclusion of such developments; if steps will be taken to address the issues in question with a view to progress; and if he will make a statement on the matter. [15487/15]
Amharc ar fhreagraI propose to take Questions Nos. 632 and 633 together.
The downturn in economic activity associated with the recession has resulted in significant numbers of shop closures and vacant units in town centres throughout the country. Other factors, such as upward only rent reviews, parking charges, rising energy costs and on-line trading, have also been cited as factors affecting the viability of small and medium-sized businesses in the retail sector.
To help address this issue, a number of initiatives have been taken by my Department in recent years, as follows:
- local authorities were requested to exercise restraint, or where possible, to reduce commercial rates and local charges to assist local businesses in the current economic climate – the vast majority of local authorities have responded positively to this request,
- revised development contribution guidelines were introduced in January 2013 requesting planning authorities to put in place reduced development contributions to support town centre development and incentivise activity in the areas prioritised for development in the relevant core strategy,
- the publication of new guidelines on retail planning in April 2012 aimed at promoting and supporting the vitality and viability of city and town centres. These guidelines retained the previous caps on store size in less populated and smaller towns, and were aimed at striking the right balance to ensure that local monopolies are not created in smaller towns which would be detrimental to competition.
In terms of Government action other than by my Department in providing assistance to retail businesses and stimulating economic activity in local communities, a number of measures have been introduced since 2011, including –
- the introduction of the 9% rate of VAT on certain goods and services,
- the halving of the lower rate of employers’ PRSI,
- the introduction of the Microenterprise Loan Scheme and Credit Guarantee Scheme, both of which schemes have had take-up from the retail sector, and
- the extension of seed capital and the employment and investment incentive scheme to the retail sector.
My Department remains committed to working with other Government Departments, with local government and with other community development and enterprise stakeholders with a view to providing a clear framework for addressing urban centre decline and its impacts on the retail sector, and will continue to explore all relevant options for further action in this regard.
Furthermore, Ireland has been allocated €1.2 billion of Structural Funds from the European Regional Development Fund (ERDF) and the European Social Fund (ESF) for the period 2014 – 2020. The new ERDF regulation requires an increased focus on sustainable urban development and urban regeneration. In its Partnership Agreement with the European Commission on the new ERDF regulation, the Government has agreed that an urban development fund with a total value of €80million will be available over the duration of the programme. Local authorities will be invited to bid for this ERDF support for projects that will contribute to the social, economic and environmental development of their urban areas. The first call for proposals will be made shortly, and it will be a matter for the local authorities to nominate appropriate projects for such funding.
635. Deputy Michael Fitzmaurice asked the Minister for the Environment, Community and Local Government if he will clarify the status of the loans taken on by Irish Water; if these loans are counted as part of the national debt or if they are now separate from, and no longer constituting part of, the State's national debt; the way these loans are now classified by EUROSTAT, and if he will make a statement on the matter. [15523/15]
Amharc ar fhreagraA key component of the strategy to establish Irish Water is that Irish Water will be classified as a Market Corporation under EUROSTAT rules and as a result, will not, other than in relation to Government support, be included in the calculation of the General Government Balance. The Government remains confident that Irish Water will pass the Market Corporation Test.
The Central Statistics Office (CSO) is responsible for engagement with EUROSTAT on such matters, and my Department has engaged with that office and has provided the necessary information to facilitate this work. The CSO has confirmed that a classification proposal on Irish Water is currently with EUROSTAT. The CSO has further stated that this is a closed process and that it is awaiting the final adjudication by EUROSTAT.
