Áine Brady (Kildare North, Fianna Fail)
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Question 276: To ask the Minister for the Environment, Heritage and Local Government the recourse open to residents of households where neighbouring residents are involved in anti-social or abusive behaviour (details supplied); and if he will make a statement on the matter. [20448/08]

Michael Finneran (Roscommon-South Leitrim, 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 against a landlord who has failed to enforce tenant obligations. The Board can also direct the landlord to ensure that tenants comply with their obligations and can enforce compliance through the Courts.