Joan Burton (Dublin West, Labour)
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Question 114: To ask the Minister for the Environment, Heritage and Local Government if he will rectify the anomaly whereby licensees of residential properties do not come under the jurisdiction of the Private Residential Tenancies Board and therefore this area of private rented accommodation is not subject to inspection by local authorities. [20773/08]

Joan Burton (Dublin West, Labour)
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Question 134: To ask the Minister for the Environment, Heritage and Local Government if he will rectify the anomaly whereby, because licensees do not come under the jurisdiction of the Private Residential Tenancies Board, landlords are able to avoid tenancy registration requirements through licensing and other arrangements and consequently no statistics are kept on the number of such landlords or properties. [20772/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 114 and 134 together.

Section 144 of the Residential Tenancies Act 2004 provides powers of direction in respect of a tenancy that is not registered with the Private Residential Tenancies Board (PRTB) but which, in the opinion of the Board, ought to be registered. The improper use of licensing arrangements in order to avoid tenancy registration is an offence under the Act and a person found guilty of such an offence is, on summary conviction, liable to a fine of up to €3,000 and/or up to six months imprisonment.

The PRTB has a function of reviewing the operation of the Residential Tenancies Act 2004 and of making recommendations for the amendment of the Act and any other related enactments, where this is considered necessary. I am open to considering any such recommendations and am aware that the PRTB has recently identified possible amendments to the Act that may enhance the Board's operations. These amendments are being considered in the context of the Housing (Miscellaneous Provisions) Bill which is currently being drafted.

I understand that the PRTB has, in reviewing the operation of the 2004 Act, considered licensing arrangements and makes no recommendations in this regard. Such issues are understood not to be the subject of a significant number of cases received by the PRTB. The Board is however mindful of the need to ensure that tenancy registration requirements are not avoided through licensing and other arrangements and will continue to adopt a robust approach in dealing with any such cases arising.

Section 18 of the Housing (Miscellaneous Provisions) Act 1992 provides that the Minister may make regulations prescribing standards for houses let for rent or other valuable consideration. Minimum standards for private 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. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department.

The revision of the Standards Regulations is an important element of an Action Programme to promote improvement in standards, which was launched on foot of the Towards 2016 agreement. My Department, in consultation with local authority and sectoral representatives, is conducting a review of these Regulations and I intend to finalise the revised Regulations in July.