Cian 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, RTB, regarding breaches of their tenancy rights when a breach relates to a tenancy with a landlord who fails to engage with the adjudication process; the action that is being taken to address this issue; and if he will make a statement on the matter. [59970/22]

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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Earlier this year, during questions, I raised with the Minister of State the problem of the RTB failing to assist tenants in terrible situations, and with some very genuine complaints about landlords, when it cites a lack of proof of a landlord's address as a reason not to take action. The Minister of State promised that if I followed up and sent him details, he would pursue the matter with the RTB. I sent the details but never heard back from the Minister of State on the matter. I ask again will he take action with respect to the RTB failing to act on foot of genuine complaints regarding landlords and its citing of a lack of proof of address to justify its inaction?

Peter Burke (Longford-Westmeath, Fine Gael)
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The RTB was established as a quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004 to 2022 to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. A dispute may be referred to the RTB under Part 6 of the Residential Tenancies Acts 2004 to 2022. Information is available on with regard to the board's dispute resolution service. If a tenant seeks to resolve a tenancy dispute via the RTB's adjudication service, and their landlord fails to engage with the process, the independent adjudicator can proceed with a hearing and make a decision based on the evidence before him or her. If the adjudicator finds that the landlord is in breach of his or her obligations, damages may be awarded to a tenant.

Enforcement is an important function of the RTB. When landlords, tenants and third parties access the RTB dispute resolution service through mediation, adjudication or tribunal, they receive a legally binding determination order.

If an order is not complied with, there are two separate options for enforcement. First, a party can request assistance from the RTB to enforce an order at the District Court. Second, a party can take his or her own enforcement case directly to the District Court and the RTB can support the party by compiling case files and proofs for the courts.

The Department and the RTB keep the operation of the rental market and the dispute resolution provisions under the Residential Tenancies Acts 2004-2022 under constant review with a view to enhancing the service and related legal provisions, as may be necessary. I also want to point out that there is an increase of €2 million in the budget for 2023 for the RTB's service. Subsequent to 2019 an additional 41 staff have been appointed to the service to deal with the huge workload it has.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I appreciate the answer outlining what the RTB can do in these situations but the issue is what it is not doing in these situations. I want to raise one specific example with the Minister of State, which was documented by Laoise Neylon in the Dublin Inquirerthis week, about a landlord who, at times, has been operating under the fake name of John White. In 2010 the Irish Independentreported that this landlord was jailed for contempt of court for failing to comply with council instructions on fire safety. In July 2013 The Irish Timesreported that six people, including a child, were treated for smoke inhalation at one of the houses he rented out. In 2014 the Irish Examinerreported that this landlord was convicted for failing to register tenancies. The landlord's address has been published in The Irish Times, the Irish Independentand the Irish Examinerand in multiple court proceedings and the Garda has recently confirmed that this is still the landlord's address. Yet, the RTB is somehow stating that it cannot pursue this landlord at this point to pay money owed to his former tenants. Incredibly, the RTB claims it does not have proof of his address. What type of proof of address does it need? What will the Minister of State and the Government do about the RTB failing to act in these situations where there is clearly proof of address and where it is still refusing to pursue a landlord for moneys that are owed to tenants?

Peter Burke (Longford-Westmeath, Fine Gael)
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I cannot comment on specific cases but on the broad policy, the RTB has its budget, which has been increased significantly, and it has staff. It also has a panel of solicitors which it can deal with to support tenants in the District Court. It has almost €1 million of a budget to deal with that specifically and it takes 400 cases in that regard every single year. The law is strong on pursuing landlords and tenants alike on issues of non-compliance. There is also a range of Acts that can enforce fines and that can publish data on various different people. We can talk to the Minister, Deputy Darragh O'Brien, about the Deputy's specific case and follow up on it. We will see if we can highlight that case.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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I thank the Minister of State for that answer. That offer was made about 6 months ago and I followed up and wrote to the Minister and I did not get any response on it. There is no point in saying that repeatedly if there will not be a follow up.

I do not want the Minister of State to comment on a specific case but I want him to say if he thinks there is an issue with the RTB failing to act when there are clear and multiple proofs of address and it still will not act. The director of the RTB, Niall Byrne, acknowledged at this week's meeting of the Committee on Housing, Local Government and Heritage that it is not acceptable for the RTB to fail to investigate a complaint when it does not have proof of a landlord's address. Does the Minister of State agree, therefore, that it is not acceptable for it to fail to follow up? Does the Minister of State agree that it is a high threshold for a renter to be able to provide proof of a landlord's address? Most renters do not have access to that information. What will the Minister of State do about this? Why should we be reliant on renters having proof of the landlord's address for the RTB to be able to act?

Peter Burke (Longford-Westmeath, Fine Gael)
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First, on complying with the law, a landlord is required to register a tenancy within one month of it commencing.

Cian O'Callaghan (Dublin Bay North, Social Democrats)
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What about when they do not do so?

Peter Burke (Longford-Westmeath, Fine Gael)
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Second, a landlord is required to register it every year. It is the same for every other organisation that pursues individuals through the courts. The power is there under the Act to follow and pursue individuals for non-compliance. The RTB, like any other body or arm of the State, should be doing that. We will follow up on the Deputy's specific example and I will talk to the Minister about it. The law is strong on the RTB, its budget is significant at €13 million and its staff has increased by 41 since 2019. We have put more legislation on the Statute Book, with five or six potential amendments to the Residential Tenancies Act 2004, to protect renters and tenants and to ensure that they and landlords fulfil their obligations.