Jerry Buttimer (Cork South Central, Fine Gael)
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I thank the Ceann Comhairle's office for selecting this issue for discussion. The matter to which I wish to refer is of particular importance to me and the people I represent. There is an absolute need for the Government to consider introducing penalties in respect of landlords and tenants in circumstances where anti-social behaviour occurs in private rented accommodation in respect of which the Department of Social Protection is paying rent allowance. Where the State is contributing towards the renting of a property, it should have some power to ensure that the law of the land is respected. In addition, it should have the ability to ensure that landlords and tenants respect those who live in neighbouring properties. Landlords and tenants must be obliged to obey their legal obligations. In circumstances where the State is paying rent allowance, the most effective form of enforcement would be to either reduce or withdraw that allowance where anti-social behaviour occurs.

I could take the Minister to parts of my constituency - particularly areas in Bishopstown and Douglas - where there are many rented properties which are located in quiet and, in many cases, mature residential areas. In these places there is often persistent anti-social behaviour and excessive noise, such as through the playing of loud music. One can also see broken windows and rubbish dumped on neighbouring properties. In addition, one can witness raucous behaviour that is often threatening and intimidating in nature. The result of this is that people cannot enjoy living in their homes. In some cases, they cannot even have a quiet night in. Those to whom I refer have been intimidated and the Garda has had to be called. Even where action is taken, the type of behaviour I have outlined recurs either a few hours or days later.

The most galling aspect of this matter relates to landlords who are not proactive and who fail to engage in respect of properties they own, the tenants of which have been identified as giving rise to problems. We must take action in respect of those landlords who are only interested in obtaining access to rent allowance, who do not care about the state of their properties and who believe the feelings of those who own neighbouring properties to be irrelevant. In some instances, both landlords and tenants are becoming out of control. The most effective way to deal with these individuals is for the Government to take the initiative and ensure they are severely punished. This can be done by affecting the amount of money being paid to the tenant and landlord by the State.

The Private Residential Tenancies Board, PRTB, was set up to be the place of refuge for residents experiencing difficulty with tenancies or landlords. I know of two recent cases where there has been blatant disregard for the law but the punishment was a measly fine of a couple of hundred euro for the landlord. That means nothing to a landlord and the tenants had no penalty imposed, so they continued their behaviour. The landlord, owning many properties, continues on while laughing at us. This issue does not relate to just one landlord but a growing number of landlords who have no respect for anybody. It is time for us, on behalf of the citizen, to take charge of the matter and assume leadership. I am not interested in penalising either the landlord or the tenant but both should live up to their responsibilities. We must act against misbehaviour and I look forward to the Minister's response.

Joan Burton (Dublin West, Labour)
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I thank Deputy Buttimer for raising the issue. At the outset I point out that social welfare legislation already provides the Department with the authority to refuse, suspend or terminate payment of a rent supplement in the case of a person who has been required to deliver up possession of a dwelling provided by a housing authority or an approved body where the reasons for that requirement include anti-social behaviour or the interests of good estate management. The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet accommodation costs and who do not have accommodation available to them from any other source. The overall aim is to provide short-term assistance and not to act as an alternative to the other social housing schemes operated by the Exchequer. There are currently approximately 95,000 rent supplement recipients, for which the Government has provided a sum of €437 million in 2012.

In the case of private rented accommodation, tenancy arrangements involve a contract between the landlord and tenant. The Department has no relationship with the landlord and tenant behaviour is a matter for the landlord in the first instance. There are a number of avenues open to landlords in such cases, including the dispute resolution services for landlords and tenants operated by the Private Residential Tenancies Board and recourse to the Garda Síochána or the courts in the enforcement of law relating to anti-social or criminal behaviour. If necessary, the landlord may seek termination of the tenancy, which if effected would result in the termination of rent supplement.

The programme for Government contains a commitment to review the operation of the rent supplement scheme to ensure tenants receiving long-term support from the State under the scheme are subject to the same type of anti-social behaviour regime as local authority tenants. The most appropriate way for this to happen is for local authorities to take over responsibility for meeting the accommodation needs of these individuals. The Department is currently working with the Department of the Environment, Community and Local Government with a view to achieving this goal and the transfer of tenants from rent supplement to local authorities will help to achieve another key Government commitment of removing barriers to employment and returning rent supplement to the original intention of being a short-term income support payment.

Jerry Buttimer (Cork South Central, Fine Gael)
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The Department of Social Protection and the HSE should be involved in this process, and I welcome the prospect of proactive engagement. I will quote from a recent adjudication from the PRTB in regard to two recent cases with which I am familiar. It states "the behaviour of occupants and a visitor to the dwelling on numerous occasions constituted anti-social behaviour, in particular in the disposing of refuse in neighbouring gardens." It also states:

The steps taken by the respondent were inadequate to address the anti-social behaviour and breaches of obligation by the tenants. As a result of the breaches of obligation by the occupants of and visitors to the dwelling, the applicants were directly and adversely affected such that their quality of life, safety and security in their own homes were harmed and inconvenienced.

That is from the report of an adjudicator within the PRTB but all we did as a State was impose a fine of a couple of hundred euro. The landlord is laughing at us and continues to show disrespect while tenants are being paid by us to live in accommodation.

If the State is paying money to a landlord and tenant, they should not be allowed to victimise, terrorise and intimidate people who have bought their own homes or are renting in the area, living up to their responsibilities. They are decent and law-abiding citizens. In her reply, the Minister indicated we are paying €437 million for this in 2012 but for how long will a minority be allowed to dictate to the majority? I would be glad if representatives of the Department of Social Protection, the HSE or the PRTB adjudicator could go into these areas, meet the affected people and understand what they have had to endure. We are paying €437 million but allowing such behaviour to continue; we must stop it at some stage.

Joan Burton (Dublin West, Labour)
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I understand the difficulties faced by Deputy Buttimer's constituents. That is why there are two specific avenues for dealing with this in the programme for Government. The first is to transfer long-term rent supplement to local authorities, which have housing expertise. They have the powers to deal with tenants who are misbehaving and causing significant distress to people living nearby. In the programme for Government there is also a commitment to introduce arrangements whereby people on rent supplement would be subject to the same conditions as people who are direct tenants of local authorities. If we can achieve both of these aims, and particularly the transfer of the bulk of tenancies with long-term rent supplement recipients to local authorities, we will have dealt with the issue.

Last October community welfare officers left the HSE and joined the staff of the Department of Social Protection. As the Deputy noted, these staff used to be in the HSE but are now officials of the Department. Our aim for long-term reform is to have the bulk of long-term tenancies transferred to the local authorities and run under local authority conditions.