Written answers

Tuesday, 20 November 2007

Department of Environment, Heritage and Local Government

Private Rented Accommodation

8:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 527: To ask the Minister for the Environment, Heritage and Local Government if he has had communications with the Private Residential Tenancies Board regarding strengthening its powers [i]vis-À-vis[/i] landlords and anti-social tenants, and their duties towards other tenants, neighbours and the community in general; and if he will make a statement on the matter. [29248/07]

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

Landlords are, however, responsible for enforcing the obligations that apply to their tenants under the Residential Tenancies Act 2004. The Act prohibits 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 other occupiers of, or visitors to, the dwelling 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. It also provides for a third party affected by anti-social behaviour to take a case to the Private Residential Tenancies Board (PRTB) 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 PRTB also has a function of reviewing the operation of the Residential Tenancies Act 2004 and making recommendations for the amendment of the Act and any other related enactments, where this is considered necessary. My Department has not received any recommendation from the PRTB for amendment of the provisions relating to anti-social behaviour.

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