Written answers

Thursday, 5 February 2009

Department of Environment, Heritage and Local Government

Private Rented Accommodation

5:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 41: To ask the Minister for the Environment, Heritage and Local Government further to his reply to Parliamentary Question No. 30 of 27 November 2008, that any rental property being let for the first time after 1 February 2009 will have to comply with all the requirements of the new regulations, the way compliance will be established since property being let for the first time is not inspected and the new regulations have yet to be published; and if he will make a statement on the matter. [3902/09]

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 51: To ask the Minister for the Environment, Heritage and Local Government if, in regard to his statement that new regulatory standards would apply to all privately rented dwellings from 1 February 2009, local authorities have been furnished with the new regulations and guidelines on their implementation; if landlords bringing new rented properties onto the market have been informed of the newly applicable standards; and if he will make a statement on the matter. [3894/09]

Photo of Michael FinneranMichael Finneran (Roscommon-South Leitrim, Fianna Fail)
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I propose to take Questions Nos. 41 and 51 together.

Minimum standards for rental accommodation are prescribed by regulations 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 and more effectively enforcing the minimum standards regulations and recently delivered on this commitment by approving a package of measures. A number of elements of this package require amendments of primary legislation and these are being addressed during 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.

Those elements of the package not requiring primary legislation have been introduced through new regulations to update the Housing (Standards for Rented Houses) Regulations 1993. The new regulations, entitled the Housing (Standards for Rented Houses) Regulations 2008, were made by me on 10 December 2008 and notice of the making of these regulations was published in Iris Oifigiúil on 16 December 2008. Copies of the regulations are available in the Oireachtas library and on my Department's website at www.environ.ie. Copies of the regulations have also been provided to various sectoral interests, including landlord and tenant representative bodies. In addition, the coming into effect of the regulations was advertised in the print media on Monday 26 January 2009.

The Housing (Standards for Rented Houses) Regulations 2008 came into effect generally on 1 February 2009. From that date, any rental properties being let for the first time will have to comply with all the requirements of the new Regulations. However, taking account of views expressed in wide-ranging consultations during the development of the new standards package, certain provisions of the new regulations 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. Accordingly, in so far as existing rental accommodation is concerned, the issues covered by those provisions — sanitary facilities, heating facilities and food preparation and storage and laundry — will continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until then. Existing rental accommodation is defined in the regulations as a house let for rent or other valuable consideration solely as a dwelling at any time from 1 September 2004 to 31 January 2009.

Responsibility for enforcing the regulations with regard to minimum standards for rental accommodation rests with the relevant local authority. My Department provides significant resources, from part of the proceeds of tenancy registration fees collected by the Private Residential Tenancies Board, to assist local authorities in discharging their functions under the Housing Acts in relation to rented accommodation. Over €3m was provided for this purpose in 2007, with a further €4m earmarked for 2008. In addition, a Technical Guidance Document has been prepared and copies have been provided to local authorities in order to assist with the practical implementation of the regulations; the guidance document is also available on my Department's website at www.environ.ie.

It is a matter for each individual local authority to decide the specific details of its enforcement strategy, inspection arrangements and methods for establishing compliance. However, in discharging their responsibilities in relation to the rental sector, authorities have been asked to have regard to Good Practice in Housing Management: Guidelines for Local Authorities Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement published by the Centre for Housing Research in November 2007, which makes a range of recommendations on relevant issues.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 44: To ask the Minister for the Environment, Heritage and Local Government the targets that were set for the transfer of eligible claimants from rent supplement to the rental accommodation scheme on the introduction of the scheme in 2005; the progress made against the target in each year; the present number of applicants under the RAS scheme; if he will make adjustments in the qualifying criteria for applicants; and if he will make a statement on the matter. [3896/09]

Photo of Michael FinneranMichael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The transfer of tenants under the rental accommodation scheme commenced in September 2005 with 606 transfers in that year. The original target was to achieve 5,000 transfers from rent supplement per full year, over the period of the implementation programme to the end of 2009. The output in relation to the scheme for the years 2006, 2007 and 2008 is provided in the following table.

YearNumber of transfers
20064,446
20076,044
20086,915

The current qualifying criteria for RAS are that a household must be in receipt of rent supplement and have a long term housing need. To be counted as having a long-term housing need a household would normally have to be in receipt of rent supplement for 18 months or more. Qualifying criteria for RAS are kept under review by my Department, but I have no plans to change the criteria at present.

At the end of 2008, 31,343 households were in receipt of rent supplement for 18 months or more.

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