Oireachtas Joint and Select Committees

Thursday, 30 May 2013

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government

Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage

10:30 am

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I am very pleased to be here to take Committee Stage of the Residential Tenancies (Amendment) (No. 2) Bill 2012. Any healthy society with a well run economy needs a balanced housing sector in order to address the needs of various types of household and their different needs. Among the many reforms required is more equitable treatment of tenures. The legislation before the select sub-committee is, therefore, another important step in the ongoing development of a strong, vibrant and well developed rented sector. Before we proceed to discuss the amendments, I wish to briefly outline the key issues we will be discussing.

The Residential Tenancies Act 2004 set out a framework of rights and responsibilities for landlords and tenants in the rented sector. The application of that framework to all tenants and landlords, regardless of the form of rented housing involved, is an important principle for the Government. The Bill will extend the framework to housing in the not-for-profit approved housing body sector and, thereafter, we will need to turn our attention to how best to legislatively provide for a similar extension to the local authority housing sector. I have previously referred to this as an evolutionary, rather than a revolutionary, approach to housing rights and I am confident that there is broad support for this strategy. Good and broad support for the Bill was voiced on Second Stage, for which I thank members.

On Second Stage I committed to extending the remit of the 2004 Act to as much of the approved housing body sector as possible. The impact of the amendments which have been tabled will lead to the entire sector coming under the 2004 Act, with the exception of those tenancies that would be exempt under its provisions. The Government's Committee Stage amendments to the Bill, as published, include a number designed to provide for the tenancy registration fee and timeframe that will apply to the approved housing body sector. Also included are further measures to assist the board in the performance of its functions, as well as amendments to clarify the scope of its legal powers in terms of enforcement.

The issue of over-holding, that is, where a tenant remains in situ without paying any rent, is a significant problem for landlords and I am pleased to be able to introduce amendments in this area. A core legal principle, one which bears restating, is that, no matter the circumstances, the correct rent must be paid. In an environment where many landlords are struggling to pay mortgages on buy-to-let properties, the creation of a mechanism that will allow the PRTB to deal with over-holding in a much quicker fashion than is often the case should greatly help matters.

An issue of equal concern to tenants is that of illegal retention of their deposits by a minority of landlords. I am absolutely determined to deliver on the commitment in the programme for Government to establish a deposit retention scheme to address this issue. My Department is engaged with the Office of the Attorney General on this matter and I look forward to introducing the relevant amendments when the Bill goes before the Seanad.

I will also introduce amendments in the Seanad to improve the mechanism by which anti-social behaviour is dealt with and, specifically, to make it easier for neighbours, residents' associations, etc., to take a case to the board on the grounds of such behaviour by tenants. I was very close to having amendments finalised in this area for today's discussion, but I am confident that they will be ready very soon. Without further ado and if it is acceptable, I would like to begin moving the amendments.