Dáil debates

Thursday, 23 June 2022

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Rental Sector

9:20 am

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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4. To ask the Minister for Housing, Planning, and Local Government the redress available to tenants who make a complaint to the Residential Tenancies Board about breaches of their tenancy rights when they relate to a tenancy with an unregistered landlord or a landlord who fails to provide an address; the action being taken to address this issue; and if he will make a statement on the matter. [33252/22]

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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What redress is available to tenants who make a complaint to the Residential Tenancies Board about breaches of their tenancy rights when they relate to a tenancy with an unregistered landlord or a landlord who fails to provide an address? There is a significant issue of the RTB being ineffective in dealing with cases in which the tenant does not have proof of his or her landlord's address. Does the RTB have sufficient power and resources to take action against rogue landlords who do not register or those who do not provide an address? If it does, why is it not using those powers?

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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I thank Deputy O'Callaghan for the question.

Section 134 of the Residential Tenancies Act requires a landlord to apply to the RTB to register a tenancy of a dwelling within one month of its commencement and, thereafter, within one month of each anniversary of its commencement date. All private landlords, approved housing bodies and providers of student-specific accommodation are required to register such tenancies.

Subsection 136(b) of the RTA requires that when a landlord registers a tenancy with the RTB, the name, the address at which the landlord ordinarily resides, any other address for correspondence the landlord may wish to provide, the landlord's personal public service number, PPSN, and, where the application is made by his or her authorised agent, the name, address for correspondence and PPSN of the agent must be provided as part of the application process.

The RTB has registration enforcement powers to pursue landlords who have not complied with the obligation to register their tenancies and a dedicated investigations and sanctions unit to investigate certain potential breaches of rental law by landlords referred to in the context of proper conduct under Schedule 2 to the Residential Tenancies Act, one of which is failure to register a tenancy with the RTB. Failure to register a tenancy is a criminal offence and can result in a fine of up to €4,000 or up to six months in prison.

The RTB is gaining information from a focused review it conducted, members of the public, its own investigations and sanctions unit and the Department of Social Protection, with which the RTB shares a significant amount of data. Finally, in respect of action 2.5 in Housing for All, Revenue will share data with the RTB in order to see instances of non-compliance where landlords may not have registered. The law is very strong in respect of the consequences for those who are convicted.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I wrote to the Minister about this recently. Indeed, the Minister has been cc'd in correspondence on this since April. I detailed one instance, an example of hundreds of instances, in which the RTB is unwilling to progress a case against a landlord who is not registered. In that instance the problems began in November 2021, when the hot water in the building stopped working. Following a phone call from the RTB, the landlord retaliated by entering the renter's home without permission, ripping the curtains off the wall, smashing up his bathroom and turning off his electricity. This is all recorded on video. Incredibly, the RTB has refused to progress the case further or to give assistance to the renter who has made the complaint.

The RTB told the renter to contact Threshold. What is the Minister of State doing about this? I know the powers and the legislation is there but the RTB is not acting, is refusing to act, is not doing what it should be doing in the situation and is leaving renters stranded. What is the Minister of State doing about this?

9:30 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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First, I acknowledge the very egregious case outlined by Deputy O’Callaghan. I am aware that last Friday the Deputy communicated with the Minister, Deputy O’Brien, in respect of that particular example and he will escalate that within the RTB.

In the main, the RTB is doing its job. The legislation which this Dáil has put through is very strong on the sanctions that are there and the offences, if convicted through the courts, are very significant, as I outlined in terms of the monetary fine as well as a term in prison. I also point out that we are expanding the powers of the RTB through working and data sharing with the Revenue Commissioners and this work is ongoing through Housing for All.

I highlight again the case which the Deputy has referred to. It is horrific for any individual or citizen to be at the mercy of such horrific actions. It is totally unacceptable and the Minister, Deputy O’Brien, will escalate that particular case with the RTB.

To be very clear, the law under which the RTB is operating is very strong and the courts have the power to prosecute in cases of non-compliance.

Photo of Cian O'CallaghanCian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank the Minister of State for that response. I want to be very clear that this is just one example of hundreds. If one talks to Threshold or to anyone working in this area, there are hundreds of renters where the RTB will not help progress a case and will refuse point blank to do so if the landlord is not registered or if the renter cannot provide proof of the landlord’s address. It is utterly unacceptable that the RTB is refusing to help.

What are the Minister of State and the Government going to do to sort this out and to get the RTB to use the powers under legislation that it has? It is not doing it at the moment; be very clear about that. It is leaving renters high and dry. These are the very landlords, the rogue landlords who will not register, who are behaving in such a manner and are the very ones the RTB should be pursuing. For them to be getting through the cracks is deeply unfair on renters and deeply unfair on landlords who do comply with regulations. What is the Minister of State going to do about this?

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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I thank the Deputy for his question. The Government should firmly focus on what it has done and the evidence to date and on the law that has been passed to strengthen the powers of the RTB and the increase in resources which the board has to conduct its work to ensure that landlords are held to account on any breaches. The courts have the powers in the law.

The Deputy is referring to a very particular case detailed in a letter issued by the Deputy last Friday where a landlord cannot be pursued because of his address. Given the horrific outline given by the Deputy, An Garda Síochána should be informed of that incident if someone breaks into someone’s home and carries out actions in this manner where the resident has prima facieevidence of this in the recording cited by the Deputy.

The Minister, Deputy O’Brien, is meeting with Threshold this afternoon and will raise this issue with it in respect of the concern in this particular case.