Róisín Shortall (Dublin North West, Labour)
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Question 502: To ask the Minister for the Environment, Heritage and Local Government the penalties applying when a landlord declares a certain rent to the Private Residential Tenancies Board but seeks a top-up from his or her tenant. [18064/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The Residential Tenancies Act 2004 provides, inter alia, that the tenant of a dwelling shall pay to the landlord, or his or her authorised agent, the rent provided for under the tenancy. The Act also provides that the rent may not be reviewed more frequently than once in each period of twelve months, unless a substantial change in the nature of the accommodation has occurred in the interim, and that the rent shall be no greater than the market rent for that tenancy.

If non-compliance with the provisions of the Act relating to rent and rent reviews leads to a dispute between landlord and tenant either or both of the parties to the tenancy may refer the matter to the Private Residential Tenancies Board (PRTB) for resolution. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits, and may grant redress and give specific direction as appropriate on foot of a determination.