Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Unfortunately, I cannot accept amendment No. 4. In addition to the new offences relating to unlawful rent setting in rent pressure zones, provided under the Residential Tenancies (Amendment) Act 2019, in respect of which the RTB can carry out prosecutions, the RTB was given additional functions in the form of its enhanced powers of investigation and sanctioning.

Part 7A of the Residential Tenancies Acts was introduced to facilitate the investigation of "improper conduct" and to provide for sanctions and costs, up to a total of €30,000, against landlords, should it be warranted.

The 2019 Act made it a criminal offence for landlords to implement rent increases that contravene the law in RPZs and gives powers to the RTB to investigate and administratively sanction landlords who engage in improper conduct, including non-compliance with the rent increase restriction in RPZs. Significantly, the investigation can now be triggered by the RTB in its own right rather than depending on a complaint or a referral for dispute resolution from the tenant. That is a good measure. Since then, the RTB has prioritised the investigation of breaches of RPZ rent setting rules under Part 7A on an administrative sanctioning basis rather than pursuing the criminal route. To date, no offences have been prosecuted by the RTB for a breach of section 19(4) of the Act. The focus is currently on using the RTB’s administrative sanctioning powers to their full extent rather than prosecuting landlords. Giving a landlord a criminal record is the last resort but the offences are there and the RTB has the power to prosecute in cases where an administrative sanction is not considered sufficient or appropriate.

During the first full year of operation in 2020, 92% of investigations related to a breach of RPZ requirements. To date, almost €260,000 has been refunded by landlords to current and former tenants as a direct result of the RTB investigation process into breach of rent setting rules. Of the decisions issued to landlords to date, more than 70% of decisions have resulted in a sanction, written caution and-or financial penalty. More than €24,000 has been paid to the Exchequer as fines under Part 7A of the principal from the first 29 RTB sanctions confirmed in the Circuit Court this year. The RTB expects more than 250 cases to be confirmed in 2022 as more cases come through the investigation pipeline, efficiencies in the investigation and sanctioning process develop and access to the Circuit Court returns to pre-Covid levels.

With regard to any specific queries for the RTB, the Clerk of the Dáil requested that arrangements be put in place to facilitate the provision of information by State bodies to Members of the Oireachtas. Following the issue of Circular LG (P)05/16 on 20 September 2016 from my Department, the RTB set up a dedicated email address for this purpose. The RTB may be contacted at:. I urge all Members of the Oireachtas to use this function.