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Property Services Regulatory Authority

Dáil Éireann Debate, Tuesday - 19 June 2018

Tuesday, 19 June 2018

Ceisteanna (244, 245, 247)

Noel Rock

Ceist:

244. Deputy Noel Rock asked the Minister for Justice and Equality the number of licences the Property Services Regulatory Authority has removed from management agents since it was formed in 2011; and if he will make a statement on the matter. [26329/18]

Amharc ar fhreagra

Noel Rock

Ceist:

245. Deputy Noel Rock asked the Minister for Justice and Equality the number of actions the Property Services Regulatory Authority has taken against management agents; and if he will make a statement on the matter. [26330/18]

Amharc ar fhreagra

Noel Rock

Ceist:

247. Deputy Noel Rock asked the Minister for Justice and Equality the number of cases the Property Services Regulatory Authority has supported or provided advice for against management agents; and if he will make a statement on the matter. [26332/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 244, 245 and 247 together.

The Property Services Regulatory Authority was established on 12 April, 2012.  As part of its statutory remit, the Property Services Regulatory Authority is responsible for investigating complaints of improper conduct against licensed property services providers in the State.  In cases of complaints where improper conduct is confirmed as having taken place, the Authority may impose a minor or major sanction.  All major sanctions, which would include revocation of a licence, must be confirmed by the High Court, either on application by the Authority, or following an appeal by the licensee who is the subject of the sanction.  The Authority is also the prosecuting authority for all offences described in the Act.  All prosecutions to date have been for providing property services without a licence in breach of section 28 of the Act.

Property Management Agent is just one of four types of property service for which a licence is required, the others being auctioneer, estate agent and letting agent.  To date no property management agent has been the subject of a major sanction, including revocation of licence, or a prosecution under the Act.  However, the Authority has removed one holder of all four licence types, including property management agent, from the Register of Licensed Property Services Providers as it is obliged to do under section 40(2) of Act when it becomes apparent that a licensee has ceased to provide property services.  This removal took place at short notice arising from the sudden closure of the licensee who was the subject of an investigation into a number of complaints.

As a State agency, the Authority must carry out all of its assigned duties in a fair and impartial basis.  The Authority has no role or remit in supporting, or providing advice against, any party to a dispute, including a licensee.

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