Dáil debates

Wednesday, 21 November 2012

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

 

5:30 pm

Photo of Peter FitzpatrickPeter Fitzpatrick (Louth, Fine Gael) | Oireachtas source

I welcome the opportunity to discuss this Bill. It was published in July and will amend certain provisions of the Residential Tenancies Acts 2004 to 2009 which govern the private rental sector as well as the Private Residential Tenancies Board, PRTB.

One of the PRTB's most important functions is the provision of a dispute resolution service which mediates disagreements between landlords and tenants, outside of the court system. The largest category of cases referred by landlords to the PRTB relates to rent arrears, 31% in 2010, while most cases referred by tenants relate to deposit retention, 72% in 2010. Both these issues are particularly serious. In the former case there is additional pressure on genuine landlords collecting rent. It is particularly stressful and financially worrying if rents are not forthcoming with the potential and added pressure of banks screaming at them for loan repayments. For tenants, the failure to have their deposits rightfully refunded can prevent genuine tenants securing new residences. In both cases the victims need support. In my constituency office in Dundalk, I have met numerous people who can relate to what I have said. There is a need for legislation to address these issues and what is proposed is a positive step.

Increasing demands have been placed on the dispute resolution service in recent years. This has resulted in determination orders taking as long as eight months to be delivered. This is hardly acceptable and would be frustrating for either party in the examples mentioned.

One of the Bill's main aims is to speed up the dispute resolution service provided by the PRTB. As is often the case with good law, those abiding by it have little to fear. However, any party being treated in an unjust manner can benefit.

Other components of the Bill include the regulation under the Residential Tenancies Act of those tenancies in the voluntary and co-operative housing sector that most closely parallel private rented tenancies. This will give tenants in the voluntary and co-operative sector the same rights as tenants in the private sector. The agency responsible for regulation of the tenant-landlord relationship, the Private Residential Tenancies Board, is to be re-named the Residential Tenancies Board.

Formal effect is given to the merger of the rent tribunal with the Private Residential Tenancies Board and the size of the board will be reduced from 15 members to 12. The Bill also includes measures to increase the take-up of mediation as a key dispute resolution mechanism. The Bill will strengthen the system of tenant landlord legislation. It is welcome, and should improve the speed with which disputes are resolved. As a consequence, I have no hesitation in commending the Bill to the House.

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