Ciarán Lynch (Cork South Central, Labour)
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Question 437: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that a landlord who enters into a lease agreement directly with the tenant is not required to register with the Private Residential Tenancies Board; and if he will legislate to correct this anomaly. [14489/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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A lease is defined in the Residential Tenancies Act 2004 as an instrument in writing, whether or not under seal, containing a contract of tenancy in respect of a dwelling and, therefore, comes within the jurisdiction of the Act. Tenancy registration is a matter for the Private Residential Tenancies Board (PRTB), which is an independent statutory body established under the Act. Section 134 of the 2004 Act requires the landlord of a dwelling to apply to the PRTB to register each tenancy. Section 144 of the Act also provides powers of direction in respect of a tenancy that in the opinion of the Board ought to be registered. In addition a person found guilty of an offence under the Act, such as the provision of false and misleading information, is, on summary conviction, liable to a fine of up to €3,000 and/or up to six months imprisonment.