Séamus Healy (Tipperary South, Workers and Unemployed Action Group) | Oireachtas source

I welcome the opportunity to speak on this Bill. Private rented accommodation is a growth area which needs to be regulated properly. House ownership has begun to fall, as my colleague, Deputy Halligan, said. Until now the Private Rented Tenancy Board has been ineffective, in particular in areas with anti-social behaviour and in terms of retention of deposits, rent arrears, inspections and standards. The elephant in the room is the fact that local authority housing and State provision of housing are not covered by the Bill. This Government, like the last one, has effectively abolished the whole area of State provision of housing for housing applications. This Bill does not cover local authority tenants. It should be noted that 98,318 households are waiting for accommodation.

That is an increase of 75% since 1991. It is even more interesting to note that the number of households waiting for three years and more for housing is 36,277, the number waiting five years and more is 16,239 and the number waiting seven years and more is 5,508. That is an acknowledgement of the complete failure of the State to provide housing for its citizens. In that context, it is unacceptable that the State should divest itself of responsibility for the provision of housing for housing applicants. There is no local authority house building programme at present. There has not been one since this Government took office, nor was there such a programme for a number of years under the previous Government. That is unacceptable and should be changed. Housing should be provided by the State for housing applicants who simply cannot provide housing from their own resources.

In addition to building houses, I would have no difficulty with the State purchasing many of the houses it has leased under the long-term leasing scheme and the rental accommodation scheme. It is extraordinary that the State is, effectively, prepared to pay the mortgages of private landlords. At the end of the lease period these houses will return to the landlords after the State having paid the mortgage on their behalf over a period of years. The provision of housing accommodation for the 98,318 households that are not in a position to provide housing from their own resources should be undertaken by the State, and the current policy should be reversed.

This Bill must be significantly amended as it proceeds through the Oireachtas. It must be strengthened in a range of areas. Local authority tenants should be brought into this system. The Private Residential Tenancies Board should be properly funded and staffed to ensure it is effective. Local authority tenants are entitled to the same rights as other tenants. However, they currently effectively have no appeal system and in the event of a complaint or a difference of opinion with the local authority they are left to refer their situation to the Ombudsman. That is unacceptable.

The staffing and funding of the Private Residential Tenancies Board are crucial. If the board is not funded or staffed properly it will be unable to safeguard the rights of tenants. Sadly, that has been the situation up to now. The board has not been effective in delivering for tenants. The number of complaints by tenants to the board is significant and 72% of the complaints relate to the retention of deposits. That does not appear to be covered in the Bill but it might, and should, be dealt with as the Bill proceeds through the Stages. This is an area of huge contention but is one in which the board has not been effective. It is an area that must be fully regulated. Where the board has made a decision on those complaints, approximately 80% of the deposits have been returned to the tenant, indicating that the preponderance of right is with the tenant in these cases.

I acknowledge the work done by the voluntary housing agencies or the approved housing bodies, AHBs, as they are now called. When I was a councillor they were voluntary housing agencies or associations. Respond! Housing Association, Clúid Housing Association, the Society of St. Vincent de Paul and various local voluntary housing agencies have provided housing throughout the country and should be commended for that.

I wish to draw the Minister's attention to an issue that is not part of this legislation but which applies to legislation generally and is something Members of this House must examine. It is the question of how agencies such as the Private Residential Tenancies Board, Student Universal Support Ireland, SUSI, and others deal with public representatives. There is significant difficulty for elected representatives, be they Members of the Oireachtas or local authority councillors, in supporting their constituents in respect of contact with these agencies. I will quote a reply to a representation I made to SUSI on behalf of a constituent. This also applies to this legislation as it is an issue that has arisen repeatedly, particularly in recent years. The reply states: "Many thanks for your query. This application is currently awaiting review and should be reviewed within two weeks. We will contact the applicant directly with the outcome". There is a tendency on the part of these agencies if not to refuse to deal with elected representatives certainly to do so on a minimal basis. That is unacceptable. Members of this House and local authority members have been requested and authorised by constituents to raise queries and it should be made clear to these agencies that such representatives should be facilitated in making representations.

Earlier, I referred to the issue of staffing and registration. Despite the fact that this Bill will create a significant amount of additional work for the Private Residential Tenancies Board, it appears that current employment policy will ensure that the number of people working for the board will be reduced. Will the Minister confirm if that is the case? The current staffing of the board is approximately 70 and it is suggested that it will be reduced to 33. Will the Minister deal with that and confirm that proper funding and staffing will be put in place to support the board in fulfilling the statutory responsibilities it will have arising from this legislation?

There is also the issue of the registration fee of €90. The voluntary housing agencies have indicated that there is considerable difficulty with the payment of this fee.

I ask the Minister of State to examine it. I have a concern that agencies will have difficulty in payment of the fee. I have a serious concern that the fee will be transferred to the tenants so a further household charge will be payable by tenants.

I draw the attention of the Minister of State to rent supplement and the widespread practice where tenants are forced to pay a top-up to landlords. It is widespread throughout the country and is unacceptable. It should be dealt with without delay either in this legislation or in whatever other manner is necessary. I draw the attention of the Minister of State to the mortgage to rent scheme, even though it is not addressed in the Bill. There is considerable difficulty with the scheme, which is not being operated by the banks. Other Deputies had a difficulty in pursuing the scheme on behalf of constituents. I asked the Minister of State to examine this to see the changes necessary to ensure it is properly operated by the banks and available to people.

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