Written answers

Tuesday, 3 November 2009

Department of Environment, Heritage and Local Government

Private Rented Accommodation

8:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 927: To ask the Minister for the Environment, Heritage and Local Government the level of information and communication made available to persons who are required to meet the housing regulations 2008, particularly in relation to the penalties for non-compliance; and if he will make a statement on the matter. [37963/09]

Photo of Michael FinneranMichael Finneran (Roscommon-South Leitrim, Fianna Fail)
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Minimum standards for rental accommodation are prescribed by regulations made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. In the Partnership Agreement Towards 2016, the Government committed to updating and more effectively enforcing the minimum standards regulations and delivered on this commitment by approving a package of measures last year.

Those elements of the package not requiring primary legislation were 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 were also 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. 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 6 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.

The remaining elements of the above-mentioned package of measures required amendments of primary legislation and these are addressed in the Housing (Miscellaneous Provisions) Act 2009. These include increased penalties for non-compliance and the introduction of a more robust sanctions regime. The relevant provisions will be commenced as soon as possible and notice of their coming into effect will be advertised in the print media and on my Department's website.

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