Eamon Gilmore (Dún Laoghaire, Labour)
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Question 1139: To ask the Minister for the Environment, Heritage and Local Government his views on the introduction of legislation to deal with anti-social or disruptive behaviour by tenants in private housing estates, along the lines of the powers contained in the Housing (Miscellaneous Provisions) Act 1997, in view of growing problems in private estates; and if he will make a statement on the matter. [20644/07]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Action to deal with anti-social behaviour, in any area, is primarily an issue for the Garda Síochána and legislation in this regard is the responsibility of the Minister of Justice, Equality and Law Reform.

Landlords are responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act, in this regard, prohibits a private rental tenant engaging in anti-social behaviour in, or in the vicinity of a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour. The Act also obliges a landlord to enforce tenants' obligations where a person, such as a neighbour, is adversely affected by a failure to do so.

The Residential Tenancies Act also provides for a third party affected by anti-social behaviour to take a case, to the Private Residential Tenancies Board, against a landlord who has failed to enforce tenant obligations. The Board can direct the landlord to ensure that tenants comply with their obligations and can enforce compliance through the Courts.

The Private Residential Tenancies Board also has a role in keeping the operation of the Residential Tenancies Act under review and for the making of recommendations for the amendment of the Act and any other related enactments.