Dáil Éireann Debate, Wednesday - 8 May 2019
1567. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government if in all HAP and RAS tenancies and leasing arrangements between local authorities and landlords the properties are registered with the RTB; if this is a requirement for the landlord to receive payments; the number of tenancies that are not compliant by local authority; and if he will make a statement on the matter. [19485/19]
Amharc ar fhreagraThe Housing Assistance Payment Scheme (HAP), Rental Accommodation Scheme (RAS) and leasing schemes are key vehicles in meeting housing need and fulfilling the ambitious programme outlined under the Rebuilding Ireland Action Plan for Housing and Homelessness. A key principle of HAP is that eligible households source their own accommodation in the private rented sector, which best suits their needs in their area of choice.
The Residential Tenancies Acts 2004-2016 set out the rights and obligations of landlords and tenants in both the private rental sector and the Approved Housing Bodies (AHB) sector. The Acts provide that landlords in the sector must apply to register a tenancy of a dwelling with the Residential Tenancies Board (RTB) within one month of the commencement of the tenancy. Property owners who enter a long-term lease with a local authority, do not have to register their tenancy with the RTB.
The RTB was established as an independent statutory body under the Acts to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
The RTB actively pursues landlords for non-registration. Failure of a landlord to register a tenancy with the RTB can result in criminal conviction. If convicted, a landlord faces fines of up to €4,000 and/or six months' imprisonment, along with a daily fine of €250 for a continuing offence. In addition, if the tenancy is not registered, the landlord cannot avail of the dispute resolution services of the RTB should an issue arise with the tenancy.
To pursue non-compliant landlords, the RTB receives information on residential rented dwellings from several sources including the Department of Employment Affairs and Social Protection, the Revenue Commissioners and local authorities. In addition, the RTB receive a file on a quarterly basis from the HAP Shared Services Centre containing details of tenancies approved for rental support in the previous quarter. These files are uploaded to the RTB Tenancy Management System where the details are matched against tenancies on the RTB register. Where non-compliance is identified, notice and warning letters are sent to the landlord. If the landlord still fails to register, appropriate enforcement action is taken.
