Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

Again, I accept the principle of what the Senator is trying to achieve. Nevertheless, it replicates a provision in the Residential Tenancies Act 2004, namely section 134, which requires the landlord of a dwelling to apply to the PRTB to register the tenancy of any dwelling. It is the statutory function of the PRTB under section 144 of that Act to ensure that tenancies in the private rented sector are properly registered. As housing assistance payment, HAP, tenancies will be governed by the Residential Tenancies Act these requirements will also apply to HAP tenancies.

Rather than replicate an existing provision, what I have provided for in section 55 of the Bill is specific provision for the exchange of information between housing authorities and the PRTB as a named "relevant person" under that section for the purpose of enabling both to carry out their statutory functions. In that context, I would expect housing authorities to provide a list of properties in respect of which HAP payments are being made to the PRTB periodically in order for the PRTB to ensure these tenancies are appropriately registered and to allow the PRTB to fulfil its statutory function where the tenancies have not been registered. In the context of the existence of legislative provisions in the Residential Tenancies Act which already give effect to the thrust of the amendment proposed, I suggest that the Senator's amendment is unnecessary.