Dáil Éireann Debate, Wednesday - 11 May 2022
111. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will resource the Residential Tenancies Board to properly enforce the Government's rent regulations; and if he will make a statement on the matter. [23636/22]
Amharc ar fhreagraThe Residential Tenancies Board (RTB) was established as a quasi-judicial independent statutory body under the Residential Tenancies Acts 2004-2021 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. Registered landlords and all tenants can apply to the RTB for dispute resolution.
Section 134 of the RTA requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement. All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation are required to register their tenancies with the RTB. This allows the RTB to collect and provide definitive data on the rental sector and for transparency across the rental sector through the public register of tenancies; thus, enabling a better understanding of the sector.
The RTB has registration enforcement powers to pursue landlords who have not complied with their obligation to register their tenancies. Failure to register is an offence which may result in a criminal conviction, a fine of up to €4,000 and/or up to six months imprisonment. The RTB, receives information from different sources regarding whether a tenancy is registered or not, including local authorities, members of the public, RTB checks and follow-ups and the Department of Social Protection.
The RTB has a dedicated Investigations and Sanctions unit to investigate certain potential breaches of rental law by a landlord referred to as improper conduct under Schedule 2 to the RTA, one of which is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can initiate an investigation either as a result of information received from members of the public or as a result of information gathered from records that the RTB has access to under the RTA. If a landlord is found to have engaged in improper conduct, a sanction may be imposed on them by an independent decision maker which may comprise one or all of the following - a written caution, a financial penalty of up to €15,000 and a payment of up to €15,000 in respect of related RTB investigation costs.
In order to ensure that the RTB is fully resourced to deliver on its ever increasing mandate, I secured €11 million current funding for the RTB’s operational costs in 2022.
The RTB received sanction for an additional 41 staff since 2019 to ensure that its enhanced powers and the new legislative provisions are fully implemented and enforced. The authorised staff complement for the RTB is now 106.4 Whole Time Equivalents.
Under Housing for All, The Government will also facilitate increased enforcement of registration of tenancy requirements. Enforcement will be generally enhanced through measures such as the expansion of data-sharing arrangements between the Revenue Commissioners and the Residential Tenancies Board (RTB) to assist in enforcement of residential tenancy obligations.
My Department continues to engage with the RTB to guarantee that it has the funds and staffing that is required to carry out its role as a regulator of the rental sector.
