Written answers

Tuesday, 9 December 2008

Department of Environment, Heritage and Local Government

Private Rented Accommodation

10:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 360: To ask the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [45040/08]

Photo of Michael FinneranMichael Finneran (Roscommon-South Leitrim, Fianna Fail)
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Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. 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.

In the Partnership Agreement Towards 2016, the Government committed to updating these minimum standards and recently delivered on this commitment by approving a package of measures. Those elements of the package not requiring primary legislation will be introduced through new regulations to replace those made in 1993. Regulations for this purpose, which will shortly be laid before the Houses of the Oireachtas, will come into effect generally on 1 February 2009 and will include a provision covering sanitary facilities. This provision will have the effect of removing bedsit accommodation from the rental market. However, taking account of views expressed in wide-ranging consultations during the development of the new standards package, this element of the new regulations, together with the provisions covering heating facilities and food preparation, storage and laundry will not come into effect for existing rental accommodation until 1 February 2013 as it will be necessary to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance. Those aspects will therefore continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until then, insofar as existing rental accommodation is concerned. However, any rental properties being let for the first time after 1 February 2009 will have to comply with all the requirements of the new Regulations.

A number of specific elements of the package will require primary legislation and will be addressed in the context of the passage through the Oireachtas of the Housing (Miscellaneous Provisions) Bill 2008. These include increased penalties for non-compliance and the introduction of a more robust sanctions regime.

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