Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I have no problem with the principle of what Deputy Ellis is trying to do, but it replicates a provision under section 134 of the Residential Tenancies Act 2004, which requires the landlord of a dwelling to apply to the PRTB to register the tenancy of any dwelling. It is the statutory function of the PRTB under section 144 of the Act to ensure tenancies in the private rented sector are properly registered. Because HAP tenancies will be governed by the Residential Tenancies Act these requirements will also apply to HAP tenancies. Rather than replicate an existing provision, under section 55 I have provided for a specific provision for the exchange of information between housing authorities and the PRTB as a named specified person under the section for the purpose of enabling both to carry out their statutory functions. In this context I expect housing authorities to provide periodically to the PRTB a list of properties in respect of which HAP payments are being made so it can ensure these tenancies are appropriately registered and allow it fulfil its statutory function where the tenancies have not been registered. There has already been some improvement in data sharing between the Department of Social Protection and the PRTB under the current system, but the intention is that under section 55 data sharing will happen between the PRTB and the local authority concerned. While I agree with what Deputy Ellis is trying to achieve it already exists.

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