Robert Dowds (Dublin Mid West, Labour) | Oireachtas source

In the first instance, I wish to express my support for this Bill and I am glad the Minister of State recognises there are other provisions that need to be added to this legislation because much of the rest of my speech will be along the lines of the points made by Deputy Crowe, which perhaps is not surprising given that I represent a neighbouring constituency. I must begin by expressing my extreme frustration with the operation of the Private Residential Tenancies Board, PRTB. As a public representative I have been obliged to deal with this body on a number of fronts but in particular when dealing with severe cases of antisocial behaviour on the part of problem tenants.

Most tenants in private rented accommodation are perfectly decent people who get on with their lives in peace but there is a small minority of tenants who cause a great deal of trouble for neighbours, either other tenants or owner-occupiers. The nature of the trouble caused varies a great deal from excessive noise and late-night parties to personal intimidation, drug dealing and violence at the more extreme end. These issues require intervention from the Garda and the Private Residential Tenancies Board, PRTB. In dangerous cases, residents may be fearful of complaining to the PRTB because of possible retaliation. It would be very useful if complaints could be made through an intermediary such as a public representative or county council official, for example.

I will briefly refer to a meeting attended by Deputy Crowe and I that was mentioned by the Deputy. He would agree that every elected representative at that meeting was severely critical of the operation of the PRTB in the South Dublin County Council area. My experience and that of others is that the PRTB has been almost entirely ineffective in certain cases, and given that so many people now live in private rented property, it is vital that the issue be tackled. On the other side of the coin is the problem that landlords have if there is an anti-social tenant who withholds rent or damages a house. It takes far too long to remove such people from premises, with such cases often leading to serious losses accruing for a landlord through damage to property and the integrity of a housing estate.

It should also be mentioned that the approach to providing social accommodation has become deeply unsatisfactory and is badly in need of reform along the lines of council-built accommodation and a system where builders constructing private homes also build some to be rented through a county council. I approve of the provision that dwellings rented by approved housing bodies to social housing tenants will come within the Bill's remit. I also agree that tenants in approved housing body dwellings should not sublet properties.

I would be interested in the Minister of State outlining, in her reply to the debate, how effective the PRTB mediation service has been. That would give some idea of how it works. I ask this because such cases may not come to the attention of public representatives and I would not be very familiar with how they work in practice. As a broad principle, mediation is a good idea and should be used to the fullest extent possible. It is interesting that with the complaints coming before the PRTB, few come from third parties; this ties to my earlier complaint as in severe cases, third parties are afraid to progress with a complaint. I have even witnessed cases where people wanting to make a complaint have gone to great lengths to ensure that nobody could recognise them even going into a county council building, for example.

On the operation of the PRTB to date, what proportion of rental housing is properly registered and what is being done to ensure non-compliant landlords become compliant? I am pleased to see that the PRTB has followed up 40,000 unregistered landlords, which is a positive development. Nevertheless, it is disappointing to hear that the PRTB has only secured 14 convictions for non-registration of tenancies. I am glad to see the Minister of State's concern and action in dealing with the abuse of rental deposits, which has been a long-running issue for many people who have moved from rented accommodation, such as students. I commend the Union of Students in Ireland for its persistence in highlighting this as an issue that must be tackled. An aspect of the private rental sector that is not sufficiently enforced is the obligation on tenants to maintain the outward appearance of their dwelling. In this regard a council has a role that could be played, although it rarely seems willing to play it. Far too often private rented houses can be easily picked out in an estate by the untidy or unkempt appearance.

I also highlight the serious problem of under-the-table payments of rents, which must be addressed. I appreciate this topic goes well beyond the contents of this Bill but we should keep it to the fore. Too many tenants are being forced into serious poverty simply to keep landlords in a position where they can continue to pay expensive mortgages; an expensive mortgage is not the fault of a tenant.

I have no real problem with the Bill but there are two serious issues to be tackled. One is a need for a community to remove seriously disruptive and intimidating tenants from its midst and the second is the need for landlords to be able to remove very unsatisfactory tenants from a property in a short time if there are no signs of co-operation from the tenants.

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