Dáil debates

Wednesday, 21 November 2012

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

 

6:20 pm

Photo of Michael McNamaraMichael McNamara (Clare, Labour) | Oireachtas source

I thank the previous contributors for their comments. I should somewhat sheepishly declare to the House, in light of the comments of Deputy Dowds, that I worked as an adjudicator for the Private Residential Tenancies Board, PRTB, for a number of years before being elected to this House. Arising from that experience there are some recommendations I would like to make to the Minister of State. I do not intend to go over what Deputy Dowds has said except to concur with his observations about the frustrations of the PRTB and its adequacies. As inadequate as it is, it is a marked improvement on what went beforehand. Although it may not provide the haste of the District Court proceedings, it does not provide the equivalent cost in many instances.


I will focus on standards of private rented accommodation, as mentioned by Deputy Crowe. I thank the Minister of State for a timely response to a parliamentary question which I received today. It states:

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department from the moneys set aside from the registration fees income received under section 137 of the Residential Tenancies Act and held by the Private Rented Tenancies Board, PRTB, in a fiduciary capacity.

A revised ministerial direction on 7 July 2010 directed that four fifths of the proceeds of any fees should be used to defray the expenses of the board in the performance of its functions and one fifth should be transferred by the board to local authorities for the purpose of the performance of their functions under the Housing Acts regarding private rented accommodation.
That is the issue on which I would like to focus in the limited time available. There is a disconnect between the PRTB and local authorities.


Deputy Crowe mentioned inadequate housing in his contribution and my colleagues have also indicated that, unfortunately, inadequate housing is not a thing of the past. While sitting as an adjudicator on the board, I was shocked by the antics of some tenants and landlords, as one might expect, but there were a couple of cases that shook me. These included a case where rent supplement was being paid by the State for a property that was little more than a hovel. There was mould growing and it was entirely inadequate for the needs of the person renting it. My judgment was based on photographs, and it is easy to dispute such evidence. The inspection facilities available to adjudicators or the PRTB are very limited.

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