Seanad debates

Tuesday, 17 November 2015

Residential Tenancies (Amendment) (No. 2) Bill 2012: Committee Stage

 

2:30 pm

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

This amendment relates to anti-social behaviour. The Residential Tenancies Act prohibits a tenant in a private residential tenancy from engaging in anti-social behaviour in or, in the vicinity of, a dwelling to which the Act applies. It also provides that a landlord may terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour.

Section 77 of the 2004 Act provides that a third party affected by anti-social behaviour may take a case to the PRTB against a landlord who has failed to enforce a tenant's obligation not to engage in anti-social behaviour. Under the current legislation, the third-party complainant must contact the landlord and tenant to try to resolve the issue before referring the complaint to the PRTB. This can often be difficult in situations in which the complainant is intimidated by the tenant concerned. Therefore, amendment No. 64 provides that a third-party complainant may refer a complaint to the PRTB if he has attempted to resolve the matter by communicating with the landlord. The amendment also provides that an owner's management company, a residents' association or a neighbourhood watch scheme may bring a third-party complaint to the PRTB.

The amendment is long overdue. Many public representatives, including Senators, Deputies and councillors, have often seen at first hand the consequences of anti-social behaviour on estates, in respect of which, unfortunately, the legislation has not been strong enough for third parties to make complaints or for intervention to materialise to deal with anti-social behaviour. I expect this Government amendment will be welcomed because it represents a strong move in terms of dealing with unacceptable anti-social behaviour in private rented accommodation throughout the country.

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