Dáil Éireann Debate, Thursday - 6 July 2023
39. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps he is taking to ensure all landlords are registered with the Residential Tenancies Board; and if he will make a statement on the matter. [32536/23]
Amharc ar fhreagraThe Residential Tenancies Acts 2004-2022 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 a quasi-judicial independent statutory body under the Acts to operate national tenancy registration system and as such, the RTB registration system is an operational matter for the RTB.
Section 134 of the Acts requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement date and annually thereafter, within 1 month from each anniversary of the tenancy commencement date. All private landlords, Approved Housing Bodies and providers of Student Specific Accommodation and Cost Rental Accommodation are required to register their tenancies with the RTB. Managing the registration of tenancies is a core function of 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.
Non-compliance with the requirement to register a tenancy is dealt with by two processes in the RTB, the Registration Enforcement Process or the Investigations and Sanctions Process.
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 makes every effort to inform landlords of their obligations to register and legal action is taken as a last resort. 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.
Since 2019, the RTB also has an Investigations and Sanctions Unit empowered to investigate and sanction, if appropriate, improper conduct by a landlord including failure to register a tenancy with the RTB, as legally required. The Investigations and Sanctions Unit may investigate on foot of information received from members of the public or its own information. A sanction may comprise one or all of the following: a written caution, a monetary sanction of up to €15,000 and up to €15,000 in respect of RTB investigation costs.
Following recommendations in the RTB Workforce Plan (2018 – 2021), and engagement with the Department of Public Expenditure and Reform, the RTB received sanction for significant additional staff over the past three years. My Department continues to work with the RTB to ensure that it is sufficiently resourced to deliver on its mandate, including the enforcement of tenancy registrations requirements. To this end, additional funding of €2.352M is being provided to the RTB for 2023, bringing its total allocation to €13.37M.
