Dáil Éireann Debate, Wednesday - 30 March 2022
43. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he has plans to regulate the renting out of garden sheds as accommodation at market rents; and if he will make a statement on the matter. [16896/22]
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. Part 3 of the Acts provides for rent and rent reviews.
Section 3 of the Acts applies the Acts to every dwelling the subject of a tenancy, subject to certain exemptions which include situations where the landlord also resides in the building or part of the building concerned.
The Acts define a dwelling as, subject to certain conditions, a property let for rent or valuable consideration as a self-contained residential unit and includes any building or part of a building used as a dwelling and any out office, yard, garden or other land appurtenant to it or usually enjoyed with it and, where the context so admits, includes a property available for letting but excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not).
Landlords are legally obliged to ensure that their rented dwellings comply with the minimum standards set out in the Housing (Standards for Rented Houses) Regulations 2019. These standards apply to all properties let or available to let. The Regulations focus on tenant safety and include measures covering heating appliances, carbon monoxide, ventilation and window safety. Local authorities are responsible for enforcing these minimum standards. This includes inspection of properties.
Failure to comply with the minimum standards can result in penalties and prosecution. Local authorities can issue Improvement Notices and Prohibition Notices to landlords who breach the minimum standards regulations. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations. Local Authorities may be contacted to request an inspection of the property to assess whether it meets these minimum requirements.
The Residential Tenancies Board (RTB) was established under the Act as an independent statutory body to operate a national tenancy registration system and to facilitate the resolution of tenancy disputes between landlords and tenants.
I have no plans to amend the definition of dwelling in the Residential Tenancies Acts at this time. My Department and the RTB keep the operation of the Acts under constant review, with a view to introducing any necessary legal change.
