I am committed to developing a real and meaningful strategy for the rental sector to enable it to develop to its full potential. Addressing poor accommodation standards in the sector is an integral part of this process.
Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply. With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. All landlords have a legal obligation to ensure that their rented properties comply with these regulations.
Responsibility for the enforcement of the regulations rests with the relevant local authority supported by a dedicated stream of funding provided from part of the proceeds of tenancy registration fees collected by the Residential Tenancies Board (RTB). Since the establishment of the RTB, over €32 million has been paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 185,000 inspections have been carried out in this period.
Following the enactment of the Housing (Miscellaneous Provisions) Act 2009, local authorities have a strengthened legislative framework available to them which provides for the issuing of Improvement Notices and Prohibition Notices where landlords are in breach of their obligations. Fines for non-compliance with the regulations were also increased; the maximum fine increased from €3,000 to €5,000 and the fine for each day of a continuing offence increased from €250 to €400.
Under section 34 of the Residential Tenancies Act 2004, a landlord may terminate a tenancy where he or she wishes to substantially refurbish or renovate the dwelling in a way which requires the dwelling to be vacated for that purpose, or where the landlord intends to change the use of the dwelling. The Residential Tenancies (Amendment) Act 2015 introduced additional requirements applying to such terminations. These measures involve, among other things, a landlord having to provide a copy of the planning permission obtained for the works, if applicable, or where planning permission is not required, a statement specifying the details of the works, the name of the contractor employed to carry out the intended works, the dates on which the intended works are to be carried out and the proposed duration of the works. Furthermore, the landlord is required to offer to the tenant a tenancy in the dwelling, if the dwelling becomes available for re-letting within a period of 6 months from the expiry of the period of notice given, in certain circumstances.
Where there is an abuse of the termination procedure in section 34, a tenant may bring a complaint to the Residential Tenancies Board (RTB). On the hearing of the complaint the RTB, it if considers it proper to do so, may make a direction that damages are paid to the tenant or that the tenant be permitted to resume possession of the dwelling, or both.
With respect to local authority properties, my Department continues to provide strong support to local authorities in achieving maximum use of their stock and return units back to productive use in an energy efficient condition at a reasonable cost and for this purpose the Department provides funding of up to a maximum of €30,000 per eligible unit.
Funding is allocated on an equitable and evidence based system adjudicated and weighted under a predetermined set of criteria, funding is provided in this manner so that the maximum number of units can be provided with the funds available under the programme. This funding is on top of work undertaken by the local authorities themselves on units that become vacant through normal pre-letting works. There is no requirement for local authorities to hold social housing stock in a vacant state for a specific period before drawing down funding support from my Department; in fact local authorities are encouraged to carry out works on all such housing units as soon as possible in order that units can be re-let speedily.
