Oireachtas Joint and Select Committees

Wednesday, 4 July 2018

Joint Oireachtas Committee on Housing, Planning and Local Government

Private Rental Sector: Discussion

9:30 am

Mr. Colm Smyth:

I will address the issues relating to overcrowding, damp and mould. I did a very quick analysis of the intensified inspection programme we did between 2012 and 2016. We did them in approximately 12,000 or 13,000 units and overcrowding was not an issue. It is a relatively recent phenomenon, possibly a result of what is happening in the rental market. This is a complex issue. If legislation is changed, that will have an impact in the context of other legislation. Dublin City Council is very conscious of that. It is important to look at natural overcrowding as a result of increases in family size versus gross overcrowding of properties. We have looked at that. The other issue in recent times is in owner-occupied properties where owners have found it difficult to meet mortgage repayments and rent out a room. It used to be for one person but now it is for two, three or four people. That is another issue. If the owner is living on the property, it does not come under the regulations.

We have looked at private rental accommodation in a general sense and we would welcome a change in the Housing (Miscellaneous Provisions) Act 1992 to include definitions of overcrowding which would consequently be brought into the Housing (Standards for Rented Houses) Regulations under which a local authority can determine occupancy rates in gross and extreme cases of overcrowding. It is not for minor overcrowding.

Instead of going through the District Court, we would like the local authorities to be given powers to take cases to the High Court or the Circuit Court in extreme cases where the property is not compliant with standards, is overcrowded or where there is any issue the local authorities deem to be serious or putting tenants' lives at risk. We feel that would be of benefit.

On damp, mould and condensation, I absolutely agree it is a highly complex issue. It is a highly complex matter to deal with in both new and old buildings. Heating, ventilation, insulation and the use of a property all have a bearing on mould, damp and condensation. It is complex. While retrofitting may increase thermal efficiency, it may also increase the consequences of condensation in the property. I would welcome further discussion on that.