Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I want to address a category of tenant I believe is in serious condition at the moment. I have been contacted by a number of people who live in rented accommodation and are in difficulty with their landlord because the landlord has left the accommodation in appalling condition. In fact, it does not meet the Housing (Standards for Rented Houses) Regulations 2019. The problem is that if a tenant is not satisfied with the state of the house, and if the landlord refuses to make improvements, the tenant can and does go to the local authority and asks it to issue an improvement notice. The difficulty then arises that the improvement notice works are limited to "supply and delivery of essential or emergency maintenance and repair." The problem, however, is really that minimum standards are what they are. If they do not, therefore, meet the minimum standards, the landlord is required to carry out the improvement works listed because the houses are substandard and the people are living in very difficult and appalling circumstances.

The difficulty, therefore, which I ask the Minister to look at, is the issue with regard to the fact that once improvement notices are served, and in some cases authorities do not serve the notices because they do not meet that new definition, any basic standard that is not met must be met. I believe it is essential. It needs emergency maintenance and repair, by definition, and therefore, there should be no exclusions. If a council writes and forms the opinion that an improvement notice is needed, and the standards for rented housing are not being met, it should be a mandatory requirement for the landlord to carry out that work forthwith. The point some people are making here is that tenants are in great difficulties. If the landlord refuses to do it and the council will not or cannot serve the notice, what does that tenant do? The one thing he or she can do is withhold the rent on those grounds. I believe he or she is right to do so and it is reasonable that he or she do that until the landlord rights the appalling wrong that has been done. I therefore ask that when he is making regulations, the Minister could or would change the regulation that when the council forms the opinion that basic minimum standards are not being met, it will be grounds for the notice to be served and for the works to be carried out. They would need to be exempt works under the Covid-19 regulations.

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