Dáil debates

Wednesday, 27 February 2008

Priority Questions

Private Rented Accommodation.

1:00 pm

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 16: To ask the Minister for the Environment, Heritage and Local Government the housing standards that apply to accommodation in the private rented sector and the local authority rented sector; the body that sets the standards; the body that enforces them; the applicable legislation; when it was introduced; and if he will make a statement on the matter. [8051/08]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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Standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The regulations specify requirements for matters such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, natural light and safety of electrical and gas supply. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence subject, on summary conviction, to a fine not exceeding €3,000 or a term of six months in prison, or both, and €250 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.

The regulations are currently being reviewed with a view to updating them as part of an action programme to promote improvement in standards of rental accommodation. I expect to be in a position to publish a draft of the revised regulations for consultation at the end of March 2008.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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I thank the Minister of State for his response, which acknowledges that this was last reviewed in 1992. Is he aware that in 2004, 15 county councils and one city council recorded that zero inspections were carried out despite his reference to dedicated funding? Surely information is being returned to his Department that no inspections are being carried out by local authorities on this matter.

What is the indication of the standards set in the area? The legislation and the enforcement are two separate matters. We can legislate until the cows come home but we need enforcement. There is no enforcement at local level. The only enforcement is when a tenant in private or public rented dwellings makes a complaint. We do not have a driven service, we have a crisis-driven service, where those in bad accommodation approach local authorities to get something done. This is not acceptable for the maintenance of standards in the private or the public rental sector. Will we see a change in this operation in the legislation that the Minister of State suggests he will bring before the House?

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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Obviously the situation was less than great——

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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It was far from great.

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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——until the Private Residential Tenancies Board, PRTB, was set up. In 2006 the number of inspections increased by 44%——

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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It was at a very low baseline.

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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——and stood at 2,000. Last year it improved to 9,825 and, while the final figures are not available for 2008, I expect at least an increase of 33% — I can say that with confidence. Local authorities were not acting as they might in this sector. As part of Towards 2016, it was agreed to upgrade the standards in private rented accommodation. Since the PRTB was set up, €7 million has been provided to carry out inspections and recompense local authorities with regard to maintaining standards in private rented accommodation. This year €3 million was granted, with €1.5 million spent on inspections of existing premises. I made a further €1.5 available provided the local authorities met targets in respect of inspections. I have every reason to believe the number of inspections carried out is increasing substantially. It increased by 44% last year and will increase by at least 33% this year.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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The Minister of State refers to a 33% increase. In some local authorities, if one inspection was carried out it would represent an increase of 100%. There is dedicated funding and the buck stops at the desk of the Minister of State. Rather than observing these figures he should be phoning county and city managers and inquiring what is happening when funding is provided but is not spent. Those responsible for enforcement are in some cases land holders. Local authorities are inspecting themselves. Will the Minister of State establish an independent body in this regard? Will health and safety matters be considered rather than an inspection of sinks and toilet bowls? The implementation of standards shows a serious shortfall in the quality of standards and strongly indicates that inspections are not being carried out. That is the core of what the Minister of State will bring before the House. It is not just a matter of legislation, there is a mountain of legislation but we need enforcement.

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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I am not sure Deputy Lynch was listening to me. I am giving the local authorities €1.5 million to ensure they carry out inspections.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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The Department has given a fortune but local authorities are not carrying out inspections. There has been no activity.

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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There has been a significant increase in the number of inspections. Some 80% of the inspections have found that houses are up to regulation standard. I will introduce new standards at the end of March. I will publish the standards so that people can make submissions on that and other ideas and suggestions they may have.

Some 700,000 new units have been built in the past ten years so much of the private rented accommodation coming on the market is of top quality. That is not to say that some developments are not up to standard. Local authorities should be sensible and strategic and should target older developments that are not up to standard. Transferring 32,000 people from the community welfare rent allowance scheme on to the rental accommodation scheme means that local authorities examine each property that comes within the system.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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The Minister of State is aware that it is not possible to make the transfer from the rental allowance scheme to the rental accommodation scheme because the standards are not up to scratch.

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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Where the standard is up to scratch there is no problem. Where a property is not up to scratch, it must be reported to the PRTB, which will make sure that the landlord is registered and that the accommodation is brought up to standard. The fines are clearly set out, up to €3,000 or six months in prison, and €250 per day after that.