Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I propose this amendment to insert a new Part 10 in Schedule 2 of the Bill to make a number of changes to the Residential Tenancies Act 2004. The 2004 Act provides for a measure of security for tenants of private dwellings, amendment of landlord and tenant law with regard to the basic rights and obligations of each of the parties, arrangements for disputes between such parties to be resolved in a cost effective and timely manner and the establishment of a Private Residential Tenancies Board. The principle activities of the board include resolution of disputes between tenants and landlord, the registration of private rental tenancies and the provision of information, assistance and advice to the Minister on the private rental sector.

As Senators are aware, the amendment before the House is a substitute for the original amendment dated 19 November 2008. The original amendment contained four items and I am withdrawing No. 3 from the principal list and the substitute amendment before the House today is re-numbered accordingly. The item withdrawn was a technical amendment to allow for the codification of tax legislation where the existing statutory references in section 25(4) were repealed and the repealed provisions were consolidated in Chapter 11 Part 10 of the Taxes Consolidation Act 1997.

The amendment sought to ensure that certain third level student accommodation remained outside the scope of Part 4 of the Act relating to security of tenure. However, the amendment went beyond what was required and the provision requires further examination by my Department in conjunction with the Parliamentary Counsel to ensure it achieves its objective. I will re-introduce the necessary amendment on Committee Stage in the Dáil and revert to this House in the normal way.

I will now deal with the remaining three items in amendment No. 107 in detail. No. 1 of the Part 10 insertion makes two changes to section 3(2) of the 2004 Act. The first amendment is to section 3(2)(c)(ii) which excludes from the terms of the Residential Tenancies Act 2004 dwellings let by the voluntary sector to persons qualified for social housing support. Following the repeal under the Bill of section 9 of the Housing Act 1988, referred to in the existing exclusion in the 2004 Act, the first amendment updates section 3(2)(c)(ii) to refer to section 20 of the Bill instead of section 9 of the 1988 Act. A previous amendment was made to section 20 on this point. However, there is no change to the thrust of section 3(2)(c)(ii) of the 2004 Act. Dwellings let by the voluntary sector to persons qualified for social housing support will continue to be excluded from the terms of that Act.

The second amendment in No. 1 relates to an exclusion from the terms of the Act set out in section 3(2)(d). The amendment puts beyond doubt the fact that the 2004 Act does not apply to owner-occupied leasehold dwellings and in particular that the Act does not apply to owner-occupied apartments.

No. 2 of the Part 10 insertion makes two amendments to section 12 of the 2004 Act which imposes certain obligations on landlords of private rental accommodation. The first amendment provides that the landlord must provide receptacles outside the dwelling for the storage of refuse. This provision will not apply where the provision of such receptacles is outside the power or control of the landlord. This could arise where it is the function of a management company to provide such a service. The purpose of this amendment is to ensure the landlord makes the necessary arrangements to enable the tenant to store refuse appropriately and in such a way that it does not attract pests or vermin or become a hazard or eyesore to the public.

The second amendment in No. 2 relates to section 12(4) which deals with the obligation on landlords to repay promptly the deposit paid by a tenant on entering into a lease or a tenancy agreement for the dwelling concerned. The amendment to section 12(4) is twofold, the net effect of which is to provide that on the termination of a tenancy or lease, some or all of the deposit paid by the tenant on entering into the tenancy or lease may be withheld by the landlord in respect of outstanding rent, charges or taxes that were the responsibility of the tenant under the lease or tenancy agreement. The existing provision refers to outstanding rent only whereas the amendment refers to outstanding rent, charges and taxes as appropriate. The amendment also makes it clear that it is outstanding charges or taxes provided for in the original lease or tenancy agreement that are at issue here. It remains the position that any disputes arising on the matter may be referred to the board under dispute resolution procedures.

No. 3 of the Part 10 insertion is a twofold amendment to section 135 of the 2004 Act which sets out supplementary provisions with regard to obligations on landlords to apply to the PRTB to register tenancies. The first part of the amendment proposes the deletion of section 135(2) to remove the necessity for the landlord and the tenant or tenants to sign an application form for the registration of a tenancy. This will enable the PRTB to accept on-line tenancy registration applications and thus speed up the registration process. The second part of the amendment to section 135 of the 2004 Act involves an amendment to section 135(5) that will ease the administrative burden in the matter of tenancy registration applications.

The effect of the amendment is that the Private Residential Tenancies Board will be able to treat an incomplete application as a non-application to be returned to the landlord. This approach parallels that which applies to electronic applications, which cannot be submitted unless they are completed properly. An incomplete application would include one with no fee or a late application with an insufficient fee.