Seanad debates

Wednesday, 10 April 2019

Property Services (Advertisement of Unfit Lettings) (Amendment) Bill 2019: Second Stage

 

10:30 am

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

I move amendment No. 1:

To delete all words after “That” and substitute the following:"the Bill be read a second time this day six months, for the following reasons:
- to explore further the extent to which the underlying issue the Bill seeks to address is already addressed, or capable of being addressed, under housing legislation;

- to allow for further consideration of associated issues with the Bill, in particular those related to the impact on and compliance with EU law (eCommerce Directive and possibly the Services Directive) and other elements which appear legally problematical."

The Bill is relevant and deals with a topical issue that needs to be addressed. I certainly recognise this. The letting of properties is increasing throughout the country. Obviously, the greatest pressure is in Dublin and the rental pressure zones, which include cities such as Waterford. It is important that advertisements for lettings reflect accurately what is available to those interested in them. Of most importance are the actual standards of accommodation that apply in lettings. As we all know, demand is rising all the time and it is important that we increase the number of properties available for letting, whether apartments or houses. We need to recognise in the debate the work that has been done in raising standards. Many bedsits were excluded from the rental market recently. For years, many landlords took advantage of tenants but they can no longer do so because substandard accommodation has been removed from circulation. Some time ago, calls were made to return some of the bedsits to circulation. This would be a retrograde step. We need to maintain the standard that has been set and find new ways of increasing supply to meet demand.

I recognise what the Minister has done recently in introducing new schemes to help increase availability and supply. Under a scheme to bring homes back into use, supports, grants and incentives are offered to those who have vacant dwellings to renovate and regenerate their properties and offer them for letting at a proper standard. The scheme is aimed at reducing vacancies and I commend the Minister on introducing it. We should acknowledge every effort being made to increase supply.

Legislation is already in place to maintain proper standards. The responsibility to do so rests with the housing authorities, which, whether we like it or not, are the local authorities. They are closest to the ground to inspect properties and ensure an adequate standard of accommodation is maintained. I acknowledge the efforts made by the Minister to increase funding to local authorities for inspections. In his contribution, I am sure the Minister of State will tell us how much money is being invested and given to local authorities to carry out these inspections. I am also interested in finding out about the performance of local authorities in inspecting private properties that are rented. I suspect some are better than others. The higher standard and performance should be adhered to and should at least be an objective and a target for all local authorities. It is essential that proper standards are maintained. We need adequate sanction where breaches are found. We need to devise new ways of reporting breaches of substandard accommodation. There should be online tools to inform local authority inspectors. Simple photographs uploaded directly to a local authority inspectorate's website should be enough to raise awareness and possibly result in inspection and sanction if necessary. There are ways to address this appropriately if the real need is there.

With regard to the Government amendment, the Opposition argues that we are trying to delay the Bill. Obviously, I would not be so cynical. It is reasonable for all of us to give the Minister, the departmental officials and the local authority inspectorates time to respond to the issues raised in the Bill. I look forward to hearing the Minister of State outline his rationale for requesting a period of several months, and that is all it is, to allow him and his officials to respond and take on board the views he hears in this debate and the concerns of those in various housing agencies who deal with tenants on a daily basis. Further amendments might be needed at that stage. This is a perfectly reasonable approach and I look forward to hearing the Minister of State address that issue.

Landlords have legal responsibilities and obligations and I they should uphold these obligations to the highest of standards. They have to maintain proper standards of accommodation. That is the law in this country. As I stated, where breaches are known, local authorities have the powers to act and they should do so. I am interested in learning how many inspections have resulted in sanctions. The figure is possibly not as high as it should be.We all know that there are substandard properties, including those owned by local authorities. Many of us have been public representatives for many years and we often receive complaints from local authority tenants that their accommodation is not of the required standard. The latter is despite the fact that the local authority is the letting body. It is important that we have proper records and proper accountability in both the private and public rental sector in order to ensure that tenants are properly protected.

On the other hand, I am also conscious of the great demand existing for accommodation and we do not want to scare landlords out of existence. We do not want landlords to give up rental properties when they are most needed. The landlord representative bodies are stating that there is a major burden involved in becoming a landlord. Many people are accidental landlords who may have had properties prior to marriage or something of that nature. They have let those properties and are still paying the mortgages on them but the rent does not cover the latter. There is a need for balance in the debate and we need to be careful that we do not scare away people who are letting properties and fulfilling the demand that exists. I will be interested to hear the Minister of State's response.

It is important that we hear the concerns being expressed. This Bill represents an attempt to address those concerns. We have high standards for fire safety, sanitary, toilet and washing facilities and living space. It is important that those standards are upheld. It is also important that inspections are carried out. Sanctions must apply where breaches of those standards are detected. That is the best way to deal with substandard accommodation. We must deal with it as it arises. Local authorities must be encouraged to continue their inspections and resource them appropriately.

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