Dáil Éireann Debate, Tuesday - 7 December 2021
240. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage the process by which the investigations and sanctions unit in the Residential Tenancies Board undertakes investigations into landlords providing false or misleading reasons for ending a tenancy; if specific legal qualifications are required to work in this unit; the number of times the unit has cited landlords for this offence in 2018, 2019 and 2020. [59929/21]
Amharc ar fhreagraThe Residential Tenancies Acts 2004-2021 regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Since 1 July 2019, the RTB is empowered under Part 7A – Complaints, Investigations and Sanctions – of the Residential Tenancies Acts to investigate improper conduct by landlords and to impose sanctions, where appropriate.
The breaches of rental law that the Investigations & Sanctions (I&S) unit of the RTB can investigate include the citing by a landlord in a notice of termination of a reason for the termination of the tenancy concerned that is, and that he or she knows to be, false or misleading in a material respect. The RTB has the power to impose sanctions if improper conduct by a landlord is found to have occurred, ranging from a formal written caution and/or a fine of up to €15,000 and/or costs up to €15,000.
To date, the RTB has commenced over 400 investigations which are at various stages in the investigation process. As of the end of Quarter 3 2021, 282 cases are in the investigation process. Over 130 cases have been issued to Decision Makers for Decision. The Decision Makers are legal professionals with extensive decision-making experience.
The RTB has prioritised the investigation of breaches of RPZ rent setting rules under Part 7A of the Residential Tenancies Acts. 2020 was the first full year of operation for the RTB’s Investigations and Sanctions Unit. The RTB’s 2020 Annual Report includes a brief analysis of the 245 investigations pursued that year; 2.44% of same related to cases where false or misleading reasons were cited in the Notice of Termination.
With regard to any specific queries for the RTB around its working practices, my Department does not collect the data sought, however the Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at OireachtasMembersQueries@rtb.ie.
