From: Colm Burke <Colm.Burke@oireachtas.ie>
Subject: RE: Residents Meeting – Ongoing Concerns
Date: 4 May 2021 at 12:22:33 IST
To: Aidan Cahill <aidan.cahill2@gmail.com>
Cc: Residents Association <magroadres@icloud.com>
Dear Aidan,
I confirm that the Deputy has received responses to the Parliamentary Questions below.
Two of the responses require an answer from the RTB directly and the Deputy will be following up with them to pose these questions. As soon as a response is received to that, he will be in immediate contact with you.
Should you wish to raise any additional matters, or wish to follow up with the Deputy on any point, please do not hesitate to make contact.
Kind regards,
Ian Hutchinson on behalf of Colm Burke TD.
______________________________________________
For Written Answer on :28/04/2021
Question Number(s): 489Question Reference(s): 22056/21
Department:Housing, Local Government and Heritage
Colm Burke T.D.
______________________________________________
QUESTION
For WRITTEN answer on Wednesday, 28 April, 2021.
* To ask the Minister for Housing; Local Government and Heritage the number of inspectors employed by local authority to inspect residential accommodation which is made available for letting; and if he will make a statement on the matter.- Colm Burke T.D.
For WRITTEN answer on Wednesday, 28 April, 2021.REPLY
Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. These Regulations focus on tenant safety and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, safety of gas, oil and electrical supply and fire. These Regulations apply to all properties let or available for let and are available at
http://www.irishstatutebook.ie/eli/2019/si/137/made/en/print
All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcement of the regulations rests with the relevant local authority. The Residential Tenancies Board has no role in the inspection of private rental accomodation under theses regulations. Staffing of this function is a matter for each local authority.
My Department does not hold or collate the information requested by the Deputies but information on the number of inspections carried out by each local authority between 2005 and 2020 is available on my Departmants website at https://www.gov.ie/en/publication/da3fe-private-housing-market-statistics/
______________________________________________
For Written Answer on :28/04/2021
Question Number(s): 487,488Question Reference(s): 22054/21, 22055/21
Department:Housing, Local Government and Heritage
Asked by: Colm Burke T.D.
______________________________________________
QUESTION
* To ask the Minister for Housing; Local Government and Heritage the number of properties which are registered with the Residential Tenancies Board in each local authority in tabular form; and if he will make a statement on the matter.- Colm Burke T.D.
For WRITTEN answer on Wednesday, 28 April, 2021.
* To ask the Minister for Housing; Local Government and Heritage the number of landlords that have been prosecuted in each of the years 2016 to 2020 and to date in 2021 in each local authority area for failing to register their properties in which those properties are occupied by tenants; and if he will make a statement on the matter.- Colm Burke T.D.
For WRITTEN answer on Wednesday, 28 April, 2021.REPLY
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
On 1 July 2019, the changes to the Residential Tenancies Act 2004 (as amended) expanded the regulatory role of the RTB. Since July 2019, the RTB can proactively monitor the rental sector and investigate and sanction landlords who engage in certain breaches of rental law, including the none-registration of tenancies. An important aspect of this regulatory role is that the RTB can commence investigations both on information received from members of the public as well as by using open source data and data available to the RTB, as outlined in the legislation. If a landlord is found to have committed a breach, a sanction can be applied ranging from a formal written caution to a fine of up to €15,000 and/or costs of up to €15,000.
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 to establish the extent to which it may hold the information sought. ______________________________________________
For Written Answer on :28/04/2021
Question Number(s): 490Question Reference(s): 22057/21
Department:Housing, Local Government and Heritage
Asked by: Colm Burke T.D.
______________________________________________
QUESTION
To ask the Minister for Housing; Local Government and Heritage the action proposed to be taken to deal with the non-registration of rented accommodation given that in some local authority areas as little as 40% of rented accommodation is registered with the Residential Tenancies Board; and if he will make a statement on the matter.REPLY
The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
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.
All private landlords, Approved Housing Bodies and providers of Student Specific 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 the RTB to better understand and regulate the sector.
In relation to incidents of non-compliance, there are two processes in the RTB which have failure to register within their remit, the Registration Enforcement Process and 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 Employment Affairs and Social Protection. The RTB writes to landlords directly and gives them opportunities to comply before legal action is taken. The majority of landlords who are contacted are already complying with their obligation or then comply with their obligation to register which halts any requirement for the formal enforcement process. However, in a small number of cases formal notices and Solicitor Letters must be issued.
The RTB has an Investigations and Sanctions unit dedicated to investigating certain potential breaches of rental law by a landlord called improper conducts.
One of the breaches that can be investigated is a failure to register a tenancy with the RTB within one month of the tenancy commencing. The Investigations and Sanctions Unit can start 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 Residential Tenancies Act.
If a landlord is found to have committed an improper conduct a sanction may be imposed on them by an independent Decision maker of a written caution and/or a monetary sanction of €15,000 and €15,000 in costs. All sanctions must be confirmed by the Circuit Court and all monetary sanctions are paid to the Exchequer.
From: Colm Burke
Sent: Thursday 22 April 2021 12:18
To: ‘Aidan Cahill’ <aidan.cahill2@gmail.com>
Subject: RE: Residents Meeting – Ongoing Concerns Dear Aidan,
In respect of requested Parliamentary Questions.
I confirm that the Deputy has submitted the questions below to the Minister.
As soon as a response is received, he will be in immediate contact with you.
Kind regards,
Ian Hutchinson on behalf of Colm Burke TD. From: Colm Burke
To: Parliamentary Questions <pqs@oireachtas.ie>
Subject: FW: Parliamentary Questions Dear Sir/Madam, I wish to submit the Parliamentary Questions below for written answer. Should you have any questions, please do not hesitate to contact me. Kind regards,Colm Burke TD To ask the Minister for Housing, Local Government and Heritage to set out in tabular form in respect of each local authority the number of properties which are registered with the Residential Tenancies Board; and if he will make a statement on the matter.
To ask the Minister Housing, Local Government and Heritage to confirm how many landlords have been prosecuted for each year from 2016 to 2021 in each of the local authority areas, for failing to register their properties, where those properties are occupied by tenants; and if he will make a statement on the matter.
To ask the Minister for Housing, Local Government and Heritage to confirm how many inspectors are employed per Local Authority to inspect residential accommodation which is made available for letting; and if he will make a statement on the matter.
To ask the Minister to set out what action is proposed to be taken to deal with the non-registration of rented accommodation where in some local authority areas, as little as 40% of rented accommodation is registered with the Residential Tenancies Board; and if he will make a statement on the matter.
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