Written answers

Thursday, 9 November 2006

Department of Environment, Heritage and Local Government

Private Rented Accommodation

5:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 277: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied that the existing law is sufficiently robust to deal with landlords and their tenants who fail to respect the amenity of neighbours in respect of the condition of gardens, noise, the presentation of rubbish for collection, the regular maintenance of the external fabric and curtilage of the house and so on; and his views on introducing more robust legislation to ensure that landlords and their tenants respect the need to create strong communities in neighbourhoods where there is a high proportion of rented property. [37179/06]

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 283: To ask the Minister for the Environment, Heritage and Local Government if he plans to put in place a rigorous inspection system for private rented accommodation with a view to improving rental accommodation standards; and if he will make a statement on the matter. [37241/06]

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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I propose to take Questions Nos. 277 and 283 together.

All landlords have a legal obligation to ensure that their rented properties comply with the Housing (Standards for Rented Houses) Regulations 1993, which include an obligation to ensure that all out-offices, yards and forecourts within the curtilage of the building and all boundary walls, fences and railings are maintained in good repair. Responsibility for enforcing the regulations rests with the relevant local authority.

The Residential Tenancies Act 2004 also provides that, in certain circumstances, third parties adversely affected by a landlord's failure to enforce the obligations of a tenant under a tenancy can make a complaint to the Private Residential Tenancies Board (PRTB).

I recently announced a comprehensive Action Programme to promote improvement in standards of private rented accommodation. An important element of the Programme will be the updating of the existing standards regulations in consultation with local authorities, the (PRTB) and other relevant interests.

A key objective of the Action Programme is to achieve more effective enforcement of the regulations. Local authorities have been asked to prioritise action to improve enforcement through a planned and strategic approach and increased funding is being provided to them for this purpose. Around €1.6m was provided in 2005 and this is being increased to around €2m for 2006.

As part of the Action Programme, the Centre for Housing Research is also carrying out a study of measures to promote improvement in private rented accommodation standards, including good practice guidelines to assist local authorities in their functions relating to the private rented sector.

In relation to noise, section 107 of the Environmental Protection Agency Act 1992 empowers local authorities to require measures to be taken to prevent or limit noise. In addition section 108 provides that, in certain circumstances, a person may take court proceedings in relation to noise.

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