Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I propose to take Questions Nos. 8 and 46 together.

The normal legislative provisions of the Residential Tenancies Acts governing rent setting, rent reviews and notices of changed rents for private rented tenancies do not apply to approved housing body tenancies. Instead, these matters are governed by the tenancy agreements, leases or financing arrangements that are in place. When a social housing unit is provided by a housing body under a payment and availability arrangement with a local authority, it is a condition of such funding that rent must be determined in accordance with the differential rents scheme of the housing authority in which the house is situated. This mechanism accounts for a significant element of the housing being delivered by housing bodies at present. When housing is provided by a housing body under the capital assistance scheme, my Department's historical guidance states that rent should be at a level that is reasonable having regard to the tenant’s income and the outlay of the housing body on the accommodation, including the ongoing property management costs. Housing bodies are also required to consult local authorities on the setting of rents.

It should be noted that provision has been made in the Residential Tenancies Act 2004 for the Residential Tenancies Board to have a dispute resolution role in housing bodies' tenancy rent settings and reviews. In summary, a housing body tenant may refer a dispute to the Residential Tenancies Board for resolution on the question of whether the initial rent set for his or her tenancy, or the rent arising from a rent review, is in line with the provisions of any tenancy arrangement, lease or financing arrangement in place. This provides an important protection for housing body tenants when disputes arise regarding these matters. Notwithstanding this provision, it is timely that the overall approach to rents in the housing body sector would be subject to review. My Department will consider this matter later this year in consultation with the housing body sector and the local authorities. It will also take account of the work being undertaken on the development of a national framework of differential rents.

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