Alice-Mary Higgins (Independent) | Oireachtas source

This amendment relates to the issues of the powers and protections and their enforcement. I am hopeful that the Minister of State might be able to accept this amendment. I hope it is possible. The amendment goes to the fact that while the Residential Tenancies Board has different powers, the investigation and sanctions unit of the Residential Tenancies Board only sanctioned 29 landlords in the last 12 months for breaching the residential pressure zone limits. We would all have to be extraordinarily naive to believe that only 29 landlords were in breach of the rules in the last 12 months. If there is a new cap of 2%, which is being brought in, it will need to be enforced. It will become meaningless if it is not enforced. Again, part of the problem is the onus placed on the tenant in regard to that process. That needs to be strengthened. We need to address patterns that emerge in a much stronger way. For example, if two, three or four concerns are brought through and a pattern emerges, then a number of landlords should be investigated in that regard. The other properties that landlord may have should also be investigated. There needs to be other things that trigger it, rather than placing all of the onus for the imperative of action, or so much of it, on the vulnerable person. I know that there are other ways that the RTB can act. Currently, however, the enforcement of protections is very much weighted towards an initiative taken by tenants. We are looking at 29 landlords who were sanctioned in the last 12 months. The introduction of the 2% cap is welcome, but the concern is that the previous cap has not been properly enforced. There are those loopholes. I mentioned the 12-month vacancy, which is a really concerning loophole. Is the 12-month vacancy being properly investigated? Are the situations that I described, for example, where there is an on-the-ticket-book price, but the actual price is different, being investigated? All of those kinds of patterns of loopholes and anomalies need to be investigated.

Padraig McGoldrick, who is the current director of the Residential Tenancies Board, has said that the board is aware of a level of non-compliance by landlords with the rent-setting regulations on restricting rent increases. Pat Davitt of the Institute of Professional Auctioneers and Valuers said the inference taken from the headline figure of 7% growth in rents is that large numbers of landlords are defying the RPZ rules. Both the Residential Tenancies Board and the Institute of Professional Auctioneers and Valuers are telling us that there is a failure in compliance.

This amendment seeks not just to ensure that the powers are there, but that they are enforced. At the moment, the only obligation in this Bill, with the 2% cap, would be that the Minister would do a once-off review between 12 and 15 months following commencement. However, what would give meaning and a sense of seriousness and weight to the proposals in the Bill would be if there was reporting on an annual basis on how the protections were being enforced.That regular reporting would show us if it is being enforced, the pattern and type of enforcement, how many rent increases were deemed to be an offence, how many fines were issued to landlords for rent increases that were deemed to be an offence and what other measures might have been taken in terms of pursuing landlords guilty of rent increases that were an offence under section 19(4) of the Act. This would track the enforcement. It would also send a signal of intent in terms of enforcement to landlords. As a second part, we would have to ensure that the RTB has the appropriate resources to deliver that enforcement. Crucially, people should not have to issue a freedom of information request in respect of the RTB to get information about what is happening with regard to enforcement; it should be publicly available. There should be an annual check-in. It should be a matter of public concern if we are not having enforcement.

There are really good measures in this Bill, but we need to be sure that they are enforced. I was here at the time the rent pressure zones were initially introduced. I wish stronger enforcement clauses had been put in place then. I do not want us to be in a situation in two years' time where we are saying, unfortunately, this was not enforced. We know that the vacant site levy at council level was not being enforced. We need to have a culture whereby these measures carry weight.

I hope the Minister of State will be able to accept amendment No. 4.