Áine Brady (Kildare North, Fianna Fail)
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Question 946: To ask the Minister for the Environment, Heritage and Local Government the options or recourse open to landlords when tenants do not adhere to the conditions of the lease. [11411/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Section 78(1)(d) of the Residential Tenancies Act 2004 provides that a landlord of a dwelling, who has registered the tenancy under Part 7 of the Act, may refer a complaint for resolution to the Private Residential Tenancies Board where there is an alleged failure to comply with any of the obligations applicable to a tenant under the Act, including those contained in a lease or tenancy agreement.

Áine Brady (Kildare North, Fianna Fail)
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Question 947: To ask the Minister for the Environment, Heritage and Local Government the options open to tenants or a residents association if the landlord does not comply with the lease agreement or does not keep the property in a reasonable condition. [11423/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Section 78(1)(e) of the Residential Tenancies Act 2004 provides that a tenant may refer a complaint for resolution to the Private Residential Tenancies Board (PRTB) where there is an alleged failure to comply with any of the obligations applicable to a landlord under the Act, including those contained in a lease or tenancy agreement. These provisions do not apply to a residents association, who, as a third party, may only take a case to the PRTB against a landlord, where the landlord has failed to enforce tenant obligations.

Standards for rented accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations, 1993. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence, subject on summary conviction, to a fine not exceeding €3,000, or a term of six months in prison or both and €250 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority supported by a dedicated stream of funding allocated by my Department.