Ciarán Lynch (Cork South Central, Labour)
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Question 58: To ask the Minister for the Environment, Heritage and Local Government if it is his intention to amend the legislation governing the Private Residential Tenancies Board such that all owners of rental properties are required to register with the PRTB; if he will close the loophole whereby some landlords evade registration by being declared as licensees; and if he will make a statement on the matter. [8030/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Landlords are obliged to apply to the Private Residential Tenancies Board (PRTB) to register tenancies of their dwellings, in accordance with the Residential Tenancies Act 2004. Under section 144 of the Act, if the PRTB considers that a tenancy exists which ought to be registered and has not been the subject of a registration application, it must serve statutory notice to the landlord in relation to registration. Failure to comply with registration requirements is an offence and, on conviction, is subject to a fine of up to €3,000 or up to six months imprisonment.

The PRTB 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 communication from the PRTB which would indicate that licensing arrangements are being used to adversely affect the implementation of the tenancy registration provisions of the Act.