David Stanton (Cork East, Fine Gael)
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Question 249: To ask the Minister for the Environment, Heritage and Local Government the powers and responsibilities of local authorities to ensure that local authority tenants maintain their premises and keep them litter and pest-free; the actions that the local authorities can and are obliged to take if a tenant allows rubbish and litter to build up in the vicinity of the property; and if he will make a statement on the matter. [6274/05]

Noel Ahern (Dublin North West, Fianna Fail)
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The management, maintenance and improvement of their rented dwellings is a matter for each housing authority. The powers conferred on them under the Housing Acts, including, where necessary, the recovery of possession, are intended to ensure they have the capacity to fulfil their responsibilities.

Under the Litter Pollution Act 1997, the occupiers of residences let in two or more dwellings have a statutory duty not to create litter. In addition, the occupiers of properties located within the confines of a speed limit area, other than the general or motorway speed limits, are required to keep any footpaths or pavements adjoining the road free of litter. Local authorities are responsible for enforcement of this legislation, which carries a fine of up to €3,000 on conviction for an offence and up to €600 for each day of a continuing offence.

The Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992, prescribe minimum standards for rented houses and require common areas, yards, forecourts and items such as walls and fences to be kept in good repair and clean condition.

The behaviour of tenants, normally including provisions relating to the upkeep of the dwelling, is governed by the tenancy agreement, which constitutes the legal basis of the relationship between the local authority and its tenants. My Department has no role in regard to individual tenancy agreements.