Seanad debates

Wednesday, 10 April 2019

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

 

10:30 am

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Fianna Fail) | Oireachtas source

I thank my colleagues for bringing forward the Bill. Legislation of this type can be very complicated but we need to find solutions to the problems that exist. However, this legislation adds a layer of complexity to the rental market at a time when we need to be encouraging the availability of more units in the market and the retention of existing units. We need affordable rental units for ordinary workers who are crippled by the market and we must also implement strategies to combat the scourge of dwellings that are unfit for occupation. This Bill would make it illegal to advertise such dwellings. As a matter of law, however, all landlords, big and small, have a legal duty to ensure that their rented properties comply with certain minimal physical standards. These standards are set out in the Housing (Standards for Rented Houses) Regulations 2017. The issue of enforcing those regulations will be important in future. It does not matter what regulations are brought in, if they are not enforced they are a waste of time. That is where we are failing. Enforcement is key. As it is already illegal to rent out an unfit dwelling, advertising such a dwelling falls within the realm of misleading advertising complaints. Under the Consumer Protection Act 2014, the Competition and Consumer Protection Commission, CCPC, can take action, where appropriate, against businesses found to be misleading consumers. The question arises then as to how each agency verifies a unit is unfit. All of these questions need to be answered. The Bill gives no clear indication as to what burden of administration would be placed on letting agents, newspapers and online advertisers to check each and every property. Relying solely on complaints to the PSRA ignores the role of that body and its resources.

Unfit dwellings should be dealt with by means of a new national inspection quality certificate. That is what we need to look at for the future. Every tenant should have an inspection quality certificate stating that his or her property is up to standard. Local authorities should be adequately resourced to carry out their duties in inspecting rental properties to ensure they are fit for purpose. It is also up to the local authorities to inspect private rental accommodation. We need to find ways to strengthen the ability of local authorities to review the entire system and raise standards overall. Unfit dwellings will become a rarity if that is done. It is in this aspect of the process that we are falling down. The national inspection rate is 4.96% and the average national failure rate is 80.5%. The low inspection rate in Dublin, and other cities, and the high failure rate underlines the need to ramp up local authority inspections and further illustrates the need for a comprehensive national quality certificate for the rental market. That quality certificate would be similar to the building energy rating, BER, certificate and would give assurance to all renters if it was backed up by a comprehensive rental regime.

That is important and that is where we can make a change. Fianna Fáil has published legislation to extend rent pressure zone designations that are due to expire at the end of this year. I want that legislation to be brought in now. In 2016, when the rent pressure zones were introduced, the then Minister for Housing, Planning, Community and Local Government, Deputy Coveney, stated that he did not expect there would be any necessity to provide for further orders after the three period expired because additional supply, combined with the three years of rent predictability, would have eased the pressure in the rental market in the areas concerned. That has been a total failure and, as a result, the rental market has been a failure. That is unacceptable. I see evidence of this in my area, which, because of the way the road network is designed, is part of the commuter belt adjacent to Dublin. Rents have reached more than €1,100 per month for homes in Carlow. It is not just in the county town that this is happening. The same rent rises are happening in the west and south of the county. I have long called for an overall review of rent pressure zones and I have been accused of asking the Minister to do something illegal by changing the zones. Action must be taken because the cost of renting in County Carlow, in rural and urban areas, is just eye-watering. It pushes people into poverty and an accommodation limbo. People cannot save to buy a house and are forced to make long commutes from towns where they can afford the rent.

Something does need to be done for tenants. However, we must also look at the overall situation. During my time on Carlow County Council, I was a firm believer in having clarity, enforcement and proper education regarding what is possible in a given situation. We need to spend some time on this issue and I will agree to extending the time available. We all need to work together. I compliment the proposers of the Bill but there is not enough clarification of many issues in the proposed legislation and too many issues are also not addressed in it. We all need to look at this issue again, develop further solutions and take it from there.

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