Richard Bruton (Dublin North Central, Fine Gael)
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Question 740: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the problems that arise in many private estates where a large proportion of property is owned by private landlords who make little effort to maintain a high standard of amenity on their property or to contain nuisance behaviour by tenants; if he will introduce power for the Private Residential Tenancy Board to set out codes of practice that would apply and simple methods of redress for residents adversely affected; and if he will make a statement on the matter. [16834/07]

John Gormley (Dublin South East, Green Party)
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All landlords have a legal obligation to ensure that their rented properties comply with the Housing (Standards for Rented Houses) Regulations 1993, which includes ensuring 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.

In September 2006 the Minister of State for Housing and Urban Renewal 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 relevant interests. Submissions received in that regard are being considered.

A further key objective of the Action Programme is to achieve more effective enforcement of the standards regulations. Local authorities have been asked to prioritise action to improve enforcement through a planned and strategic approach. Increased funding is being provided to them for this purpose and future funding will be related to the level of enforcement performance by housing authorities. The Centre for Housing Research is undertaking 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. I understand that this work is well advanced.

Regarding tenant behaviour, under the Residential Tenancies Act 2004 landlords are required to enforce tenant obligations, which include a requirement not to engage in or permit anti-social behaviour. The Act 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 PRTB. The PRTB provides extensive information about its functions and services on its internet site, www.PRTB.ie, including some guidance for landlords in following up complaints of anti-social behaviour by their tenants.

Insofar as noise may be an issue, 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.