Dáil debates

Wednesday, 8 May 2019

Residential Tenancies (Amendment) (No. 2) Bill 2018: Report and Final Stages

 

6:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent) | Oireachtas source

I have listened to the Minister's response but I still do not see why it would not be sensible to take the extra step and allow for some kind of verification process. The Minister has indicated how sending misinformation to the RTB can be a criminal offence and outlined the requirement for works to be documented. However, there is still no provision for verification. Many of us met when the heads of the Bill were published and in the run-up to its passage. We have been talking about some of these issues for decades, even since the aftermath of the 2004 Act. I thank Mr. Gavin Elliot and Ms Ann-Marie O'Reilly from Threshold who met with me and my parliamentary assistant at the end of January. They provided a lengthy analysis of the heads of the Bill and of the Bill itself. Several of those concerns were taken on board but verification was not among them. This was raised in very recent contact with Threshold and other housing advocacy agencies. There seems to be no requirement for the RTB to verify substantial works that are carried out. The criminal offence is provided for, but the people working on the front line say there should be a requirement for the RTB to verify the work being undertaken. I have tried to provide that in amendment No. 10.

As the Minister knows, we were trying to amend section 19 of the 2004 Act, relating to rent reviews. We have had lots of discussions about how to address the massive loopholes and lacunae in the 2004 Act and the 2015 Act. There is a clear wish for more stringent regulations among tenants and indeed many landlords. To the extent that the Minister has brought such regulations forward I certainly welcome that. I know that section 19(5B) creates the requirement for landlords to inform the RTB when seeking an exemption from rent pressure zone restrictions. However, the lacuna here is the lack of requirement of verification for the reasons for an exemption. Again the RTB will rely solely on the landlord's evidence. In the past that has not been good enough.

In this House we have a very acute knowledge of the suffering of tenants. We have come across so many people who have been involved in outrageous evictions in which the system has been used to put people on the streets. We are trying to address that week in, week out. That is why we want a much more dynamic housing construction policy. A verification process would supplement the work of the RTB and reduce the likelihood of landlords applying for exemptions and not carrying out the work to which they commit.

Verification is important because the current crisis has shown us that there are rogue landlords out there who take advantage of the massive shortage of supply, the lack of inspections and enforcement and the loopholes in the system. We welcome this Bill in general terms because it gives us a platform to address that. The changes concerning the building energy rating, BER, standards are welcome. Again, some system to give powers of verification to the RTB is necessary. I urge the Minister to accept amendment No. 10.

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